House of Commons
(2 years, 5 months ago)
Commons ChamberRead Full debate Read Hansard Text
Prayers
(2 years, 5 months ago)
Commons ChamberRead Full debate Read Hansard Text
This information is provided by Parallel Parliament and does not comprise part of the offical record
Oral Answers to Questions
(2 years, 5 months ago)
Commons ChamberRead Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Alun Cairns (Vale of Glamorgan) (Con)
The Secretary of State for Digital, Culture, Media and Sport (Ms Nadine Dorries)
The Government have committed to maintaining the licence fee funding model for the duration of the charter period. Ahead of the next charter review process, we will undertake a detailed look at the TV licence model to ensure that it is fit for the future.
Alun Cairns
I warmly welcome the encouraging comments made by the Secretary of State, publicly and in the Chamber, on the BBC. There is the potential to cut or at least freeze the licence fee. It raises over £3.5 billion a year, much of which is used to create quality broadcasts. However, significant sums are used to squeeze out competition from the independent sector. This is the most regressive form of taxation, akin to the poll tax, so does she agree that a freeze or a cut would be not only a welcome boost to hard-pressed families, but a way of facilitating innovation within the BBC and encouraging competition from outside, creating a much more dynamic broadcast provision?
Ms Dorries
I thank my right hon. Friend for his question. My priority is to secure a settlement that delivers value for money for those hard-pressed constituents and for the licence fee payer, while making sure that the BBC can continue to provide those very high-quality services to which he just referred. I have been having constructive discussions with the BBC and I believe that we are close to reaching an agreement. I hope he understands that I am unable to comment further while negotiations are taking place and are ongoing.
Kevin Brennan (Cardiff West) (Lab)
When the Secretary of State is thinking about the future of the licence fee, will she talk to those in the independent sector that the right hon. Gentleman mentioned? Far from saying that they are being squeezed out, they will tell her that the BBC and the system we have of a mixed economy in our creative industries in this country are underpinned by the quality of the BBC. It exercises a gravitational pull that is the envy of the world. I know she thinks deeply about these things, but let me say that it should not be tinkered with just because of ideology; this should be a practical decision on her part.
Ms Dorries
I thank the hon. Gentleman for his question and his comments. He is absolutely right; I do speak regularly to the independent sector, including Channel 4 and other bodies within the sector. I take his comments on board and hear what he is saying. The BBC is a beacon for Britishness—for all that is British; it is a beacon across the world for broadcasting excellence. But even the editors of the BBC and those who run the BBC accept that there have been some problems. They are being dealt with and that is part of the ongoing discussions. I know that he is particularly concerned about this, but I am sure that he appreciates that while negotiations are ongoing I am limited in what I can say.
Mr Philip Hollobone (Kettering) (Con)
In 2017, the BBC agreed to take over the funding of free TV licences for over-75s in return for increased income from increases in the licence fee and other commercial funding streams. The BBC’s behaviour since, in abolishing free TV licences, shows that it cannot be trusted. For its disgraceful treatment of pensioners, will the Secretary of State use the funding review in 2022 to scrap the licence fee altogether and let the BBC compete on a level playing field with other broadcasters?
Ms Dorries
I thank my hon. Friend for his question. On the charter review, the mid-term review does begin—and we will start discussions—next year. The charter renewal, which is the point at which the future of the licence fee will be decided, does not take place until 2027. As I have just said, in those discussions the editorial perspective and a number of layers and things recently highlighted during the response to the Serota review are all under consideration, and my hon. Friend’s comments have been noted.
Jo Stevens (Cardiff Central) (Lab)
We have spent much of the past two weeks talking about standards in public office, and on this side of the House we care deeply about the independence and impartiality of the BBC. I know that the Secretary of State also cares, to the extent that she actually has the time to police the BBC political editor’s tweets and publicly rebuke her. Does the Secretary of State agree that it would be highly inappropriate for a Government Minister overseeing licence fee negotiations to seek to influence editorial decisions, including how the Prime Minister was interviewed, and use the threat of reducing BBC licence fee funding while doing so?
Ms Dorries
There were four elements to that questions. On the tweet, I did not rebuke Laura Kuenssberg, somebody who is perhaps the best in the business—very professional; a very polite tweet. Some people, particularly some Opposition Members, do seem to have a problem understanding a composition of 240 characters; the tweet was completely misinterpreted. I was not rebuking Laura Kuenssberg and I never would.
Hannah Bardell (Livingston) (SNP)
The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport (Nigel Huddleston)
I completely agree with the hon. Lady that sport is for everyone and inclusion is vital. We continue to see some progress in this area—for example, I pay tribute to Josh Cavallo for his leadership in becoming the first top-league male footballer to come out as gay while still playing professionally. I hope that we see others follow his lead.
At the Department for Digital, Culture, Media and Sport, we work closely with Sport England and UK Sport to ensure that people from all backgrounds feel included in sport. As part of that work, the updated code for sports governance will soon require sports governing bodies to agree a diversity and inclusion action plan. That will further support LGBT+ inclusion in sport throughout the country.
Hannah Bardell
I very much share the Minister’s sentiments regarding Josh Cavallo, who has bravely come out, but he is still the only male gay footballer in the professional game in the world. Given the fact that we still do not have any other openly gay male footballers, what message does the Minister think it sends that Qatar—a country that strictly represses homosexual people, with homosexual acts punishable by a decade in prison for non-locals and death for local Muslims—is set to hold the next World cup? Does he agree that nations that treat LGBTQ people in such an abhorrent way should not be gifted international competitions like the World cup?
Nigel Huddleston
The hon. Lady will be aware that we have frank conversations at international level with our counterparts around the world on issues such as human rights and, indeed, gay rights, and we will continue to have those conversations. I would also like to focus on the power of sport to highlight inclusion and diversity and to bring us together. I will focus on the positive things that sport can do over the major sporting events in the coming year, as will, I am sure, the whole House.
Julian Knight (Solihull) (Con)
Inclusivity applies not just to the LGBTQ+ community, as the hon. Member for Livingston (Hannah Bardell) rightly highlighted, but to people of south Asian and, in fact, all minority heritage. With that in mind, does my hon. Friend share my consternation that the former chair of Yorkshire county cricket club had not even read the seminal Fletcher report on the lack of inclusivity at the county? Does he agree that the response to Mr Rafiq’s brave testimony given in this House must be not only to clear out the Augean stables at Yorkshire but to ensure that the institutionally racist blocking of minority-community talent is stopped forever? We need a Kick It Out for cricket, right now.
Nigel Huddleston
My hon. Friend makes some very important points. I applaud his Select Committee’s work this week in giving Azeem Rafiq a platform to make the comments that he made. It was difficult to hear because it was harrowing testimony. My hon. Friend is absolutely right that the Fletcher report, which is pretty old, was clearly not acted on and should have been. I assure him that we have had frank conversations over the past couple of weeks with the England and Wales Cricket Board and others involved in cricket. I have had reassurance that the ECB takes the issue seriously and will act, and Tom Harrison has promised me that, with every fibre of his being, he will take action. But he and I know that we will judge the ECB on its deeds, not its words, and if it fails to act appropriately, we will not hesitate to intervene further.
John Nicolson (Ochil and South Perthshire) (SNP)
I am sure the Secretary of State will join the Minister in congratulating Josh Cavallo, the only top-tier footballer in the world currently playing to have come out publicly as gay. He will be an inspiration for LGBT kids everywhere who love football. Does she agree that it is a damning indictment of football in this country that no professional player in the game who is currently playing has felt safe enough to come out publicly? Will she join me in calling on football bodies on these islands to look urgently at why that is and to do all they can to create an environment in which players feel safe to come out and be the role models we all need?
Nigel Huddleston
I agree with the hon. Gentleman; we investigated these very issues when we worked together on the Select Committee. It is a sad indictment of football that there has been an environment in which so many people do not feel they can express who they are—that is a terrible situation to be in. I agree that we all need to work together across all sports, not just football, to ensure that people feel comfortable in who they are.
Craig Tracey (North Warwickshire) (Con)
The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport (Nigel Huddleston)
The Government are fully committed to working with event organisers to bid for and host major sporting events. Over the past 15 years, some of the world’s most iconic events have taken place in the UK. That has cemented our position as a global home for these events, and we have an exciting programme of events in 2022, including the Commonwealth games, the women’s UEFA European championships, and something close to your heart, Mr Speaker, the rugby league world cup.
Craig Tracey
I thank the Minister for that response. It was great to see that the Department was successful in two of the bids in the spending review, but, as the Minister is aware, there was a third unsuccessful bid, which was to bring the Ryder cup back to England for the first time since 2002. Will the Minister confirm that it is still very much his ambition to continue with this 2031 Ryder cup bid? If it is, would he like to visit the Belfry in my constituency, which would be a perfect location for the event, so that he can see for himself the fantastic facilities that are on offer there?
Nigel Huddleston
I am really grateful to my hon. Friend and pay tribute to him for all the work that he does with the all-party group for golf. As he mentioned, there is ongoing work to explore the potential of a possible English bid to host the 2031 Ryder cup for the first time in England since 2002. The Department for Digital, Culture, Media and Sport and UK Sport are in close contact with the key partners and venues, and our collective teams continue to work together to conclude this feasibility work and decide on the next steps. It is about the work as well as the finances here, and we will continue to work on this matter in every way that we can. I would be more than happy to visit his constituency and the Belfry and perhaps get round quite a few holes, including the last one.
Alison McGovern (Wirral South) (Lab)
Mr Speaker, you and I both support major sporting events coming to the UK, but I want to return briefly to the situation in cricket. The lesson for all sports is that those who fail to deal with cultures of racism and prejudice will ruin our country’s reputation, not build it. I know, Mr Speaker, that you and I, and all Members, Ministers and shadow Ministers in this House were heartbroken listening to Azeem Rafiq yesterday, but, as the Minister has said, it is deeds not words that will make a difference, and that goes for the Government as well. Will the Minister place in the Commons Library any and all correspondence that he has had with the Equality and Human Rights Commission, and can he tell the House what discussions he has had with it about its powers and resources and whether they are enough to deal with what we know, and have known for a long time, are chronic problems in sport?
Nigel Huddleston
The hon. Lady and I are at one in terms of the intent and what she said there about the abhorrence of what we have heard in cricket this week and, indeed, over a period of time. She is also absolutely right about issues in broader sport. I will happily place whatever documents are appropriate in the Library—I cannot promise to do so with every single document or discussion, because, as the hon. Lady knows, there are sometimes confidentiality and frank discussion concerns that inhibit our ability to put out every single piece of correspondence, but I will happily talk further with the hon. Lady, one to one, about this issue.
Owen Thompson (Midlothian) (SNP)
The Secretary of State for Digital, Culture, Media and Sport (Ms Nadine Dorries)
The draft Bill was published in May 2021. Pre-legislative scrutiny is under way, but we expect the Joint Committee to report by 10 December. This scrutiny is a vital part in ensuring that the Bill delivers what we need to protect people online. I look forward to hearing the Committee’s recommendations, which we will consider fully.
Owen Thompson
A Facebook whistleblower recently revealed that hateful political ads are five to 10 times cheaper for customers in what has been referred to as subsidising hate. Facebook has since banned companies from targeting ads based on users’ political beliefs, sexual orientation or religion, but these decisions should not be left to tech billionaires who could change their mood at any time. It is the Government’s job to regulate, so what proposals can they come up with to take account of the views of the whistleblower in calling for further action to end subsidising hate online?
Ms Dorries
I take this opportunity to thank the Digital, Culture, Media and Sport Committee for the work that it has undertaken, particularly gathering the evidence from Frances Haugen and others. We have taken a huge body of evidence. The Joint Committee is doing that very work at the moment. I am confident that every one of the examples that the hon. Gentleman has just highlighted will be legislated for in the regulatory framework, which will be given to Ofcom, to regulate those online platforms once the Bill becomes law. I appreciate his interest. I would also appreciate his input when the Bill passes through the House.
Damian Collins (Folkestone and Hythe) (Con)
Does the Secretary of State agree that the key principle of the online safety Bill should be that offences that exist offline should be applied online—not only to those who post content with the intent of harming others, but to the platforms that host such content—and that we need to have ongoing close parliamentary scrutiny of which offences should apply and how?
Ms Dorries
This is a novel and groundbreaking Bill that will legislate in a way that has never been done before, in a new sector and a new environment. Ongoing scrutiny on a regular basis once the Bill becomes an Act will be extremely important. We will look at how we are going to manage that within the Bill.
Carolyn Harris (Swansea East) (Lab)
The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport (Chris Philp)
I thank and commend the hon. Member for her energetic campaigning and leadership on this issue over many years as chair of the all-party parliamentary group for gambling related harm. We had a constructive meeting, along with my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith) and a Member for a fine constituency in Scotland—the hon. Member for Inverclyde (Ronnie Cowan)—just yesterday. We are in the process of preparing a White Paper that will set out our vision for gambling regulation in the coming months. I look forward to working closely with members of the APPG on this issue in the weeks ahead.
Carolyn Harris
The recent Public Health England report into the impact of gambling harm found that at-risk gamblers were twice as likely to gamble online than the rest of the general gambling population, so can we be assured that the forthcoming gambling White Paper will protect those most vulnerable to gambling harm by ensuring that restrictions to online stakes are introduced at the same level as those to on-land stakes?
Chris Philp
The hon. Lady is absolutely right to refer to those who suffer acute harm. Yesterday I met many people whose relatives have committed suicide, or who have lost their homes and whose families have been destroyed, to discuss the issue. I agree with the PHE report that online gambling can often be a lot more pernicious and addictive than in-person gambling. We will certainly be looking at that. We are acutely aware that the restrictions introduced to land-based stakes for fixed odds betting terminals could be applied online in some way, and are carefully studying how that could be calibrated.
Sir Iain Duncan Smith (Chingford and Woodford Green) (Con)
Will my hon. Friend look seriously in the White Paper at the abusive use by gambling companies of VIP rooms, through which companies deliberately target those who are gambling massively and losing massively to encourage them to gamble more and lose more? It is an immoral practice. Will he make certain in the White Paper that the Government will deal directly and immediately with this issue?
Chris Philp
I thank my right hon. Friend again for our meeting this week. I agree that actively encouraging—indeed, even inciting—people to gamble more without reference to affordability or their ability to pay is a damaging practice. We certainly intend to address that through the White Paper.
Liz Twist (Blaydon) (Lab)
The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport (Chris Philp)
The Gambling Commission has revoked BetIndex’s operating licence and senior members of that company have surrendered their personal management licences. The Gambling Commission has also referred the company to the insolvency service to consider whether the directors breached insolvency or even fraud laws. We look forward to the Insolvency Service’s report on the conduct of those directors.
Liz Twist
Too many of my constituents have been in touch to say that they have lost substantial amounts of money on the Football Index, so will the Minister explain further what is being done to help the Gambling Commission to understand these complex betting propositions in order to ensure better protections for customers, such as my constituents?
Chris Philp
The Government commissioned a detailed report by Malcolm Sheehan QC that was published towards the end of September. The report looked to ensure that all the relevant lessons are learnt, so that people who gamble are protected. Regarding those who lost money to BetIndex, the wind-up proceedings are ongoing at the moment and it is likely that some amounts will be available to be reimbursed to creditors, which would include customers. We should obviously let that process unfold.
Chris Elmore (Ogmore) (Lab)
Alex Davies-Jones (Pontypridd) (Lab)
The Minister for Media, Data and Digital Infrastructure (Julia Lopez)
We are working hard to help touring musicians to work in Europe. Arrangements are, in many areas, much more workable than has been reported. I am pleased to say that after this week’s very good announcement from Spain, 21 member states now offer visa and work routes for musicians and performers. Accompanied portable musical instruments do not require a carnet and splitter vans are not subject to EU cabotage rules. We recognise, however, that challenges remain. I had a very productive meeting with the sector yesterday to work through remaining concerns. We also continue to work with the remaining six member states that do not allow visa and permit-free touring.
Chris Elmore
I appreciate what the Minister says in terms of Spain, although it should be pointed out that the industry is saying that it has been working with its counterparts in Spain and actually the Government have not been terribly helpful, so it has been up to the community themselves. The Minister mentions cabotage rules. As she has been working with the industry, will she set out when these issues will be resolved? It is all well and good having meetings, but if things are not resolved, we are destroying options for our talented musicians to travel around Europe. They cannot take their speakers and mics and all the other things that they need in order to do their jobs. The Government really should be doing so much better on this issue.
Julia Lopez
I thank the hon. Gentleman for raising his concerns. I reiterate that there has been a real team effort on this. We have had fantastic working with our embassy in Madrid, with the industry and with Ministers from across Government, so I would push back on that. We discussed some of the technical issues on transportation only yesterday with the Department for Transport, and there are various things that I am going to take away and discuss with the Secretary of State for Transport. These are very live issues. There is a debate later today where we can discuss these things in more detail, should he be minded.
Alex Davies-Jones
I wholeheartedly welcome the news that musicians will no longer need visas to go on short-term tours in Spain, and I am hugely grateful to those in the sector, particularly the Association of British Orchestras and Live, who have worked so tirelessly on the matter. This just goes to show that these problems are not insurmountable and can be overcome. However, as the Minister stated, there are still six member states where problems persist. Will she provide an update on the discussions she is having with those six member states so that musicians and touring bodies are able to carry out their work overseas?
Julia Lopez
Yes, we are hopefully going to use this moment with Spain to make progress with the remaining countries. As there are only six left, we think that we can make a lot of good progress, and we will be having meetings accordingly.
Selaine Saxby (North Devon) (Con)
The Minister for Media, Data and Digital Infrastructure (Julia Lopez)
Thanks to the work of the industry and record Government investment, we are making phenomenal progress to deliver the biggest broadband roll-out in UK history, and also tackling the digital divide between rural and urban areas. Some 60% of UK homes and businesses can now access gigabit-capable speeds, and over 97% can access superfast broadband. But there is much more to do, and I recently updated the House on our Project Gigabit delivery plan to target early coverage of those without superfast.
Selaine Saxby
I still have constituents in North Devon who are not part of either the rural roll-out programme backed by Building Digital UK or any commercial roll-out. However, some villages with commercial gigabit-capable fibre are being over-fibred by taxpayer-funded BDUK contracts. Will my hon. Friend work with organisations such as Connecting Devon and Somerset to give them more powers to edit contracts so that taxpayers’ money is not used to over-fibre?
Julia Lopez
I thank my hon. Friend, who is a formidable campaigner for her constituents in North Devon. I was glad to respond in more detail to some of her concerns in a debate we had last week. The telecoms market is thriving, as she knows, and there is a lot of movement on the ground. I assure her that officials in BDUK are working extremely closely with Connecting Devon and Somerset and local suppliers in Devon so that we can avoid over-build where possible. I am sure that we will be in touch very closely throughout this process to make sure that her constituents get what they need.
Nick Smith (Blaenau Gwent) (Lab)
The digital divide between cities and valleys is getting wider in south Wales. Gigabit broadband is essential for our economy, yet it has barely begun in Blaenau Gwent and we are being left behind. Will the Minister prioritise working with the Welsh Government and Ofcom to deliver better internet so that levelling up is not just a hollow slogan?
Julia Lopez
I am very keen to work with the Welsh Government, in so far as I can be helpful, with their roll-out. I completely agree with the hon. Gentleman about the importance of tackling the digital divide. This is going to be a real issue. We are very cognisant of it and looking to do all we can to make sure that there is not that disparity between those with great internet access and those who do not have it.
Matt Hancock (West Suffolk) (Con)
The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport (Chris Philp)
I commend my right hon. Friend for his continued active advocacy on behalf of British horse racing and Newmarket in particular. I am pleased to tell the House that racecourses are accessing £21 million from the sport survival package. They have also had £28 million in cash-flow and hardship funding, in addition to which the Horserace Betting Levy Board provided £97 million in 2019-20 to support the sport.
Matt Hancock
I am very grateful for the work that the Department and the Minister have done in the pandemic to support horse racing, but as a major contributor to the economy and soft power, and with one in three jobs in Newmarket in my constituency connected with horse racing, is it not vital that we strengthen further the horserace betting levy to ensure that all betting makes a contribution and to ensure that we get the support for horse racing, which is such a glorious sport?
Chris Philp
I agree entirely about the importance of horse racing to the UK, both economically and more generally. As I have said, the levy contributed £97 million in the year before the pandemic, about 10% more than the forecast. Even in the pandemic year 2020-21, it contributed £80 million, so generally speaking the levy has returned more money than was initially expected. However, we are always willing to look at evidence, so if there is anything that my right hon. Friend would like to send in that we could carefully consider, I would be delighted to look at that.
Antony Higginbotham (Burnley) (Con)
The Secretary of State for Digital, Culture, Media and Sport (Ms Nadine Dorries)
Our world-class arts, culture and heritage received another huge boost in the Budget and spending review, with more than £850 million to protect museums, galleries, libraries and local culture in every corner of the country. The Budget also contained a number of measures to back our booming tech sector. The Budget also contained measures for football pitches and tennis courts, to the value of £205 million of investment across the country. In the meantime, we continue to make good progress on our trailblazing online safety Bill. I met the Joint Committee two weeks ago, and I look forward to receiving its report.
Antony Higginbotham
Culture and heritage are so important to our local communities, and that is particularly the case in my constituency of Burnley and Padiham. We have some real gems, like Townley Hall and Burnley Empire theatre. The latter would be a real benefit to our town centre, but it is in need of regeneration and restoration. What is the Department doing to help communities restore some of these assets so that we can make them better?
Ms Dorries
My hon. Friend raises an important question. Historic and cultural buildings, such as the Empire and Townley Hall, are at the heart of their communities, and we are determined to protect them for future generations. I am pleased that eight organisations in my hon. Friend’s constituency received just over £1 million from the culture recovery fund, as well as £20 million from the levelling-up fund, and a grant of more than £1 million from Historic England’s high streets heritage action zone initiative. I urge my hon. Friend to contact Historic England and the National Lottery Heritage Fund to explore further funding opportunities.
Mr Speaker
I remind everybody that we need to be short and sweet in topical questions to get everyone in.
Rachael Maskell (York Central) (Lab/Co-op)
After the Owen Paterson scandal, where the Government did not like the fair process that was set up and just ripped up the rules, now the Government have changed the job description for the chair of Ofcom to give failed candidate Paul Dacre another go and put a lobbyist whose firm has represented Facebook, Apple and Sky on the panel to scrutinise candidates. Will the Secretary of State restart the process with the original job requirements and an independent panel free of any conflict of interest, and confirm that she will accept the recommendations of the Select Committee on Digital, Culture, Media and Sport when it reports on the prospective candidate?
Ms Dorries
As the hon. Lady knows, the appointments process follows due process, is in line with the governance code for public appointments and is under the auspices of the Commissioner for Public Appointments. We are very careful to follow that code to the letter, and that is exactly what we are doing. As the process has already been launched and is under way, as the hon. Lady knows, I cannot comment further.
Rachael Maskell
It seems that theory and practice just do not add up. As we have repeatedly heard, Government corruption is not restricted to this place. The public appointments process has led to a litany of political appointments, notably Tory peer Baroness Tina Stowell as the chair of the Charity Commission after the DCMS Committee rejected her appointment. Her tenure was marked by political manipulation rather than independent governance. The current process for a replacement is being led by John Booth, who donated £200,000 to the Tory party. Will the Secretary of State recommence the appointment process, removing all political interests and ensuring full independence of the appointment panel, and then—
Mr Speaker
Order. I have to get other people in on topicals. It is unfair for people to take all the time, when it is Back Benchers’ Question Time as well. Please, we have to help Back Benchers. I call the Secretary of State.
Ms Dorries
Thank you, Mr Speaker. The hon. Lady mentioned sleaze and this Government about four times: I thought she was going to enlighten us on the earnings from Mishcon de Reya received by the Leader of the Opposition, but she failed to do so. She also failed to mention that this Government appointed Vera Baird, the former Labour MP for Redcar, as the Victims’ Commissioner. The process is fair. It is overseen by the Commissioner for Public Appointments and a code of governance.
Sir Desmond Swayne (New Forest West) (Con)
Can I have a meeting with the Minister of State to share my concerns about the telecommunications code?
Alex Norris (Nottingham North) (Lab/Co-op)
Up and down the country, local councils are setting their budgets for next year. Due to the lack of help in this Government’s Budget last month, there will be more closures of leisure centres and swimming pools. When will the sports Minister step in to provide funding to stop these devastating losses?
The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport (Nigel Huddleston)
As I am sure the hon. Gentleman knows, we have stepped in to support sport to the tune of £1 billion during the pandemic, with £100 million specifically to support leisure centres, to enable them to survive during covid and then remain open. We are always willing to work together with local councils, which also have skin in the game and responsibilities for the delivery of local leisure facilities, to ensure that everybody can swim.
Siobhan Baillie (Stroud) (Con)
Last night I met the national Girl Guide advocates, who spoke passionately about the need to tackle online abuse and cyber-flashing, which is made much more scary when it is anonymous. I know my right hon. Friend the Secretary of State cares deeply about these issues. Will she meet me to discuss the ten-minute rule Bill I am introducing next week to look at choice of verification?
Mick Whitley (Birkenhead) (Lab)
Channel 4 makes an enormous contribution to job growth and region-based media production. In fact, of the 200 independent media production companies that Channel 4 has commissioned over the past two years, almost 140 rely on the broadcaster for at least half their work. Will the Minister concede that the privatisation of Channel 4 will endanger hundreds of jobs and make a mockery of the Government’s levelling-up agenda?
Julia Lopez
We are currently looking at all the consultation responses we have received on the question of whether to move ahead with the privatisation of Channel 4. We will look at the question of the independent sector and its health. The sector is thriving at the moment and the impact of the public service broadcasting sector on it is reducing, but it is something we will look closely at.
Richard Burgon (Leeds East) (Lab)
Joe Nihill, a 23-year-old former Army cadet from Whinmoor in my constituency, tragically took his own life after accessing so-called suicide forums. His mother Catherine and his sister-in-law Melanie are running an inspirational campaign to ensure that what happened to Joe does not happen to other families. As we wait for the online safety Bill to progress, will the Secretary of State join me in congratulating Catherine and Melanie on their inspirational campaign and in sending a firm message to tech giants that they will now have to take action to remove these suicide forums that prey on vulnerable people?
Ms Dorries
I certainly join the hon. Gentleman in congratulating his constituents. He is absolutely right, and the online harms Bill and the regulatory framework that will accompany it will do just what he asks. Those online platforms and online giants have the ability right now to remove those harmful algorithms that direct children and young people to suicide chat rooms. I call on them to start that work, because if they do not, the Bill will be here in the new year and they will be subject to huge fines and possibly criminal action.
Ronnie Cowan (Inverclyde) (SNP)
The actions of Football Index can only be described as scandalous. The Scottish National party called for an inquiry, and that has been delivered. Can the Minister guarantee that the actions the Government take as a result of the inquiry will ensure that such shameful behaviour by the gambling firms will never be repeated?
The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport (Chris Philp)
I thank the hon. Member for his question. We are taking this very seriously. As I said on an earlier question, a detailed review by a QC is being conducted already to make sure that the regulatory action—whether by the Gambling Commission or, in different circumstances, the FCA—is appropriate. It is important that these gambling firms are looked at very carefully, and it is our intention that the Gambling Commission do that.
Jessica Morden (Newport East) (Lab)
Can I reiterate the earlier question from my hon. Friend the Member for Blaydon (Liz Twist) about the collapse of Football Index, and reiterate the need for Ministers to look at the issues of better redress and the failings in this case, on behalf of my constituents affected?
Chris Philp
Yes, it is being looked at extremely carefully, and I can assure the hon. Lady that that work is going on.
Chris Elmore (Ogmore) (Lab)
The Attorney General (Suella Braverman)
The recent rise in reports of spiking is incredibly concerning. The Crown Prosecution Service will always treat maliciously administering poison as a high harm offence. In 2020-21, the CPS brought 222 charges under section 24, which was an increase of 22% on the previous year.
Chris Elmore
It is truly horrendous to see reports in recent weeks about the huge numbers of people who are being spiked and then unable to find any sort of recourse to the criminal justice system. I am sure the Attorney General agrees with that. Does she further agree that it cannot be right to simply wait for the police to tell the Government how they can improve the levels of prosecution and bring about new charges? It really should be now for the Government to review the legislation to ensure that the victims are able to find redress and that those people who undertake spiking are prosecuted with the full force of the law.
The Attorney General
The hon. Gentleman is absolutely right to raise this issue, and I share his concern. I am really pleased that the Home Secretary has asked the National Police Chiefs’ Council to urgently review the extent and scale of the issue. Of note is that there was an increase of 46% in the number of prosecutions brought by CPS Wales for offences under section 24. On the point about the legislative framework, he will know of course that section 24 is not the only avenue for redress. There is section 23, and section 61 of the Sexual Offences Act 2003, which can be used in appropriate circumstances.
Mr Philip Hollobone (Kettering) (Con)
Women and girls in pubs and nightclubs understandably feel vulnerable to having their drinks spiked, being spiked by needles or being supplied with dodgy and illegal drugs. The maximum penalty under the Offences Against the Person Act 1861 is 10 years in prison. How many of those who have been prosecuted have been sentenced to 10 years?
The Attorney General
As I mentioned, several legal bases may be invoked in regard to these circumstances. Section 23, which covers poisoning that endangers a person’s life, carries a maximum sentence of 10 years in prison. CPS figures show that there were 10 charges for that offence in 2020-21. Section 61, which is an offence to administer a substance to a person without their consent, again carries a maximum of 10 years in prison. Again, there were 10 charges for that offence in 2020-21.
Ellie Reeves (Lewisham West and Penge) (Lab)
Chilling reports of women being spiked by injection are just the latest example of the epidemic of violence that has left women and girls feeling unsafe. The latest figures show there were 1,223 reports of spiking under this Act, yet only 88 convictions, so will the Attorney General confirm her Government’s support for Labour’s amendment, tabled in the other place, calling for a wide-ranging review into the prevalence of spiking and the response of the criminal justice system when investigating these offences, or will she continue to allow women and girls to be failed by this Government?
The Attorney General
As I mentioned, the Home Secretary has already asked for an urgent review on the scale of this particular problem, about which we are very concerned. We are supporting the roll-out of pilot initiatives to improve the safety of women at nightlife venues. The £5 million safety of women at night fund and the £25 million safer streets fund will support projects that target potential perpetrators, seek to protect potential victims and deliver programmes intended to address offending behaviour.
Robin Millar (Aberconwy) (Con)
The Attorney General (Suella Braverman)
I welcome the unanimous decision of the Supreme Court to agree with the Law Officers that all provisions raised by virtue of our reference under section 33 of the Scotland Act 1998 were outside the legislative competence of the Scottish Parliament. It is for the benefit of all citizens throughout the UK that both Governments operate within their respective powers, as set out in the Scotland Act 1988. That is why this decision is important.
Robin Millar
I thank the Attorney General for her answer. Many, indeed all of our laws are crafted carefully, thoughtfully, and often after vigorous debate, and many offer important protections. Will my right hon. and learned Friend reassure the House that any devolved gender recognition legislation will not constrain or reinterpret the protections under the Equality Act 2010?
The Attorney General
My hon. Friend raises an important point about our devolution settlement, and the Government are clear on their position as set out in our recent response to the consultation on the Gender Recognition Act 2004. First, the protection of single-sex spaces is extremely important; secondly, we must ensure that transgender adults are free to live their lives as they wish, without fear of persecution, while maintaining checks and balances in the system. Finally—this is not directly related to the GRA, but it is important nevertheless—we must ensure that under-18s are protected from decisions that they could make that are irreversible in the future. Any legislation that the Scottish Parliament may pass in that regard will not affect this Government’s position on our Gender Recognition Act.
Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)
To return to the original topic, perhaps the Attorney General should take this opportunity to congratulate the Scottish Parliament on voting unanimously to incorporate the convention on the rights of the child, and follow Holyrood’s example, instead of trying to stymie it. Three little subsections of the Act were ruled incompetent, as they would limit the powers of this Parliament and reserved public authorities to contravene children’s rights. Will the Attorney General explain why her Government fought so hard for the powers to breach children’s rights, and will she ensure that the powers are transferred to Edinburgh to complete the job? In short, let us prioritise children’s rights instead of this Parliament’s rights to trample all over them.
The Attorney General
With respect to the hon. Gentleman, I take greater instruction from the President of the Supreme Court who stated in paragraph 77 of his judgment that there had been a decision by the Scottish Parliament to draft and enact a provision whose plain meaning did not accurately represent the law. That could not have been Parliament’s intention in enacting the Scotland Act 1998, and that is a decisive and emphatic statement from the Supreme Court. I say gently to the hon. Gentleman that if the Scottish National party really cared about children’s rights, it would stop obsessing about constitutional division and instead focus on reversing the plummeting standards in Scottish schools.
Martyn Day (Linlithgow and East Falkirk) (SNP)
Alan Brown (Kilmarnock and Loudoun) (SNP)
The Attorney General (Suella Braverman)
The traffickers organising these dangerous crossings are putting lives at risk, and it is vital that we do everything we can to protect them and prevent them from operating from France. We must break the business model of criminal gangs exploiting vulnerable people. Our position is clear: people should claim asylum in the first safe country they reach, and they should not risk their lives by making these dangerous journeys across the channel.
Martyn Day
There is a duty on ships to rescue persons who are in danger at sea, in both customary international law and in binding international conventions such as the 1974 international convention for the safety of life at sea and the 1982 UN convention on the law of the sea. Given the UK Government’s supposed commitment to an international rules-based system, how does the Minister square that with clearly flouting those rules?
The Attorney General
The Home Office is taking lawful action in the channel to disrupt the traffickers’ life-threatening and criminal business model, and that really should not be in question. This Government are taking urgent and necessary measures to fix our broken asylum system, stop people traffickers, and deter illegal entry, and I am most disappointed that the hon. Gentleman and his party did not see fit to support that.
Alan Brown
The Home Office proposals are immoral, dangerous and, as we have just heard, illegal, because they break international law. This Government want to force others to do their bidding by breaking international law on their behalf. Any QC and Attorney General worth their salt would be telling the Home Secretary to forget her plans and not to break international law. Why will the Attorney General not step up to the plate?
The Attorney General
The UK prides itself on its leadership within the international system and it discharges its international obligations in good faith. We have a proud history of providing protection to those who need it and to migrants who have a lawful basis to be here. My personal background is one such case of reference. Let me just say this. I have acted for the Government in court on several immigration and asylum cases—many, many of them—and I can tell the House that our asylum system is broken. Our Bill fixes it and it is a shame that the hon. Gentleman voted against it.
Sir William Cash (Stone) (Con)
Does the Attorney General agree that it would not be practical or possible in law for international law to condone illegal immigration?
The Attorney General
My hon. Friend is absolutely right. There are international rules and conventions, which bind state parties, on our duties when it comes to maritime law and our obligations. We honour those duties and take them very seriously. We also have a domestic regime of immigration and asylum, which we are able to modify and change now that we have left the European Union.
Alex Cunningham (Stockton North) (Lab)
Selaine Saxby (North Devon) (Con)
The Solicitor General (Alex Chalk)
The Law Officers regularly meet ministerial colleagues, as well as the Director of Public Prosecutions and others, to drive forward progress on what we all want to see: justice for victims of rape and serious sexual offences. Last week, I went to meet RASSO—rape and serious sexual offences—prosecutors at the Crown Prosecution Service west midlands, and was pleased to congratulate them on helping to secure several recent convictions, including that of a double rapist, Daniel Jones, who was later imprisoned for 17 years for his appalling crimes.
Alex Cunningham
A recent report from the National Audit Office states that rape cases are most at risk of collapse as people withdraw. Does the Minister agree that the Government are failing rape victims, who can wait years for their cases to be heard, leading many of them to withdraw from the process? Can he explain why the Government opposed Labour’s proposals, which would have enabled the fast-tracking of rape cases and the pre-recording of victims’ evidence?
The Solicitor General
That is because there are already active measures to pre-record evidence, as the hon. Gentleman should know. He is absolutely right that we need to speed up the system. That is why “RASSO 2025” was published by the CPS; that is why there is a joint national action plan between the police and the CPS to improve file quality; that is why there is an end-to-end rape review; and that is why the Government have put £80 million into the CPS to ensure that justice can be done.
Selaine Saxby
Local community safety partnerships across Devon and Cornwall estimate that in 2019-20 there were 23,000 victims of sexual assault across the two counties, including in my own constituency. How will the Minister ensure that local leaders are given the powers and tools they need to hold all criminal justice agencies, including the CPS, to account locally for delivering the progress that is so needed on prosecutions?
The Solicitor General
I thank my hon. Friend for her excellent question. She is a tireless champion of this issue in North Devon. Every agency, from the police to the CPS to Whitehall Departments, has been mobilised to drive improvements in outcomes for these complex and sensitive cases. As well as launching “RASSO 2025” by the police and the joint national action plan, the Government are investing heavily in the recruitment of ISVAs—independent sexual violence advisors—to support complainants through the court process. I will just say this: it is early days, but initial data is positive. The number of rape prosecutions in the second quarter of this year was 14% higher than in the last quarter pre-covid, and the number of convictions 16% higher over the same period.
Andrew Gwynne (Denton and Reddish) (Lab)
The rape review lumps together spending on tackling domestic violence and rape. The headline figure is £176 million, but £125 million of that is for refuge accommodation. That is vital, but it is nothing to do with improving victims’ experience of the criminal justice system or improving rape convictions. Can the Minister explain just how much new funding he has secured from the Treasury to support rape victims to get justice?
The Solicitor General
I am very glad that the hon. Gentleman raised that point. He is absolutely right that refuge accommodation is very important, but it is not everything. One of the things that I am very proud of is that an additional £27 million is going on recruiting 700 independent sexual violence advisers and independent domestic abuse advisers. Those individuals can provide critical support to people who, frankly, might find the whole process forbidding. Also, we have done work to publish the victims’ code in April 2021, which provides victims with the rights that they deserve.
Jim Shannon (Strangford) (DUP)
I understand the Minister’s response well, but this is not just about cases going to court more quickly to have them processed. It is also about those ladies and rape victims who are very vulnerable and very lonely. What will happen in the time period until the case is heard to ensure that they have the assistance and help that they need, from every point of view?
The Solicitor General
The hon. Gentleman makes an excellent point. One of the other things that we have done is to increase funding for rape support centres by two thirds so that individuals know that they are not alone. The constant refrain from individuals will be, “I didn’t feel supported”, but it would be quite wrong for the message to go out suggesting that there is not that support. This is what victims said after a case recently in my county of Gloucestershire. Victim B said:
“I would just like to say how happy I am with the whole criminal justice system. The support offered is amazing.”
Victim C said:
“The support from the police and GRASAC (Gloucestershire’s Rape and Sexual Abuse Centre) has been amazing”.
That support is out there and we want to make sure it is there in ever greater quantities.
Sir Robert Neill (Bromley and Chislehurst) (Con)
I welcome the Solicitor General to his place for his first departmental questions. He brings massive personal experience to cases of this kind and has prosecuted exactly these sorts of cases. Does he agree that there has been significant improvement in the treatment of victims, particularly after the revision of the Crown Prosecution Service legal guidance—for example, in the awareness of trauma and the impact that that has on victims—and in getting the right balance in dealing with digital evidence? Is it not important now that we maintain the capacity of the courts system to bring these cases to trial in the timeliest fashion in terms of judges, court availability and quality, experienced advocates to deal with these important prosecutions?
The Solicitor General
I am grateful to my hon. Friend for his kind words. As always, he is absolutely right: we have to strike this important balance in respect of digital evidence to ensure that the evidence to put people behind bars is appropriately obtained without compromising the right to a fair trial. No one here wants to do that. He is absolutely correct about capacity as well. The Lord Chief Justice has made that point very powerfully and it is one to which we are acutely alive.
Ellie Reeves (Lewisham West and Penge) (Lab)
I also welcome the Solicitor General to his place. When asked by Sky News about rape prosecutions, the Prime Minister said that the CPS is not taking rape prosecutions seriously enough. He also refused to commit to the Government’s promise in their rape review to restore rape prosecution rates to 2016 levels by the end of this Parliament. Does the Solicitor General agree with the Prime Minister’s comments? Is this not just another example of victims being abandoned by this Government?
The Solicitor General
No, that is not the case at all. The really important thing is to look at the actions. One of the things that I was very heartened by in this year’s spending review is that the additional funding that is going into the CPS is extremely significant—it is £80 million. To put that into concrete terms, that means that there will be an additional 100 RASSO prosecutors. The ones I met in CPS west midlands were incredibly motivated, diligent, decent and determined individuals. The Prime Minister is very clear about wanting to see improvements, and he is getting behind it by providing pounds, shillings and pence.
Duncan Baker (North Norfolk) (Con)
The Attorney General
The CPS’s early investigative advice on county lines with the police is making a difference. The majority of county lines offending relates to drug convictions and human trafficking. This year—although these figures do not relate to county lines offending alone—the CPS has secured 36,000 drug convictions and 238 human-trafficking convictions.
Duncan Baker
I want to place on record my thanks to Norfolk police; last month, it arrested 12 county lines drug dealers in a week-long crackdown against drugs across Norfolk. That is to be hugely applauded. I just want to check: do the police have the right support and, more importantly, does the CPS have all the tools that it needs and the resources to prosecute drug-dealing across our country successfully?
The Attorney General
My hon. Friend raises an important point. I applaud his police team in Norfolk for their great results. In the east of England, Operation Orochi has led to significant terms of imprisonment imposed on 42 offenders convicted. As of October 2021, the number of county lines operations covered by the operation has been more than halved. They work closely with the police, leading to a high volume of convictions since November 2019.
Edward Timpson (Eddisbury) (Con)
The Solicitor General (Alex Chalk)
The Law Officers frequently meet the CPS and colleagues in the Ministry of Justice and elsewhere to progress the recovery of the criminal justice system. It is welcome that the Government have significantly increased the budget for the CPS with an additional £85 million at the 2019 spending review and a 12% uplift over the period of this spending review, to help to recruit and retain prosecutors and modernise digital infrastructure. Court capacity plainly plays a part, too; I commend my hon. Friend for his work to increase the judicial retirement age, which will make an important difference.
Edward Timpson
You will know, Mr Speaker, that I was delighted that the Government took up the cudgels of my private Member’s Bill—the Magistrates (Retirement Age) Bill—and are now legislating to raise the retirement age of magistrates from 70 to 75. On its own, however, that will not solve the substantial backlog that we still have in our courts, particularly our magistrates courts. What other measures can be taken in the meantime, over and above what is already happening, to ensure that we can get through it? Justice needs to be done fairly, but also efficiently.
The Solicitor General
As always, my hon. Friend makes an important point. Magistrates courts hear more than 90% of all criminal cases—a point that is not always given the emphasis that it might be. In some parts of the country, magistrates courts have cleared their backlogs completely; indeed, some did so many months ago. To support that recovery, the Government took measures including sitting additional courts on Saturdays and installing plexiglass in more than 450 courtrooms. We want to keep up that momentum with the so-called trial blitz courts planned for later this year. We are fortunate in this country to have dedicated and public-spirited magistrates who continue to do an exemplary job in ensuring that justice is done.
Several hon. Members rose—
Bob Blackman (Harrow East) (Con)
The Solicitor General (Alex Chalk)
Hate crime can have a devastating impact on individuals and communities. In the last year, the CPS prosecuted more than 10,000 such offences; in 79% of those cases that resulted in a conviction, the court agreed to impose a sentence uplift to reflect this important aggravating factor. Let the message go out: those who seek to divide our society through hate can expect a robust response.
Bob Blackman
Hate crime is clearly a serious concern right across this country. Do local Crown Prosecution Service areas have all the resources that they need to take these measures on and prosecute people for hate crime?
The Solicitor General
Yes, and those resources are growing. CPS London North maintains hate crime co-ordinators and inclusion and community engagement managers to provide a single point of contact on all aspects of hate crime prosecution. It has achieved some of the highest sentence uplift statistics anywhere in the country, with increases handed down in 83% of cases.
Laura Trott (Sevenoaks) (Con)
The Attorney General (Suella Braverman)
In 2021, the unduly lenient sentence scheme has continued to ensure that the seriousness of offending is properly reflected in the sentence imposed. More than 100 cases have been heard by the Court of Appeal this year. I have personally presented cases, securing an increase in the sentence imposed on a rapist earlier this year.
Laura Trott
Along with many in this House, I have become increasingly concerned about unduly lenient sentences for rape, especially in relation to crimes committed against minors. Last month, a man was jailed after being found guilty of six counts of rape of a 14-year-old, two counts of sexual activity with a child, and other sexual offences; he was sentenced to only nine years’ imprisonment. That follows reports that last year a man was jailed after being found guilty of raping a three-year-old in a wood; his sentence, too, was nine years.
Those prison sentences are simply not long enough. Will the Attorney General agree to look at those cases and meet me to discuss what more can be done to ensure that the sentences match the crimes committed?
The Attorney General
My hon. Friend raises some very grave cases. I assure her that such offences are within the scope of the unduly lenient sentence scheme, and that the Solicitor General and I will consider every such referral to us with the greatest care.
I am proud of our work in respect of offending against minors. In three recent cases concerning child sexual abuse, offenders’ non-custodial sentences were replaced with immediate custody, which I hope sends a clear message about how seriously such offending is taken.
Kevin Hollinrake (Thirsk and Malton) (Con)
The Solicitor General (Alex Chalk)
Through its three national central casework divisions and 13 regional complex casework units, the CPS continues to work with the National Crime Agency and other criminal justice partners to bring offenders to justice for a range of serious crimes, including serious and organised crime, terrorism, and serious and complex economic crime.
Kevin Hollinrake
The Serious Fraud Office has made clear that a new criminal offence of failure to prevent economic crime would significantly increase the number of successful prosecutions for fraud. What steps are we taking to bring that about?
The Solicitor General
My hon. Friend is right to raise this issue. Economic crime is not a victimless crime; it strikes at the very heart of the society that we want to be. I am pleased to see that the Law Commission published its discussion document on corporate criminal liability earlier this year. Both the CPS and the SFO provided input, and took part in a series of events to share their operational insights. The Law Commission is aiming to publish an options paper early next year, and will then work with the Government to implement any next steps.
Northern Ireland Protocol: EU Negotiations
(2 years, 5 months ago)
Commons ChamberRead Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Mr Speaker
As the House will be aware, I have previously exercised my discretion regarding the sub judice resolution to allow references to the Northern Ireland protocol on the grounds of national importance. Although there are relevant live legal proceedings, I am further exercising that discretion today in relation to the urgent question.
Mr Alistair Carmichael (Orkney and Shetland) (LD)(Urgent Question)
To ask the Minister for the Cabinet Office if he will make a statement on the Northern Ireland protocol and negotiations with the European Union.
The Paymaster General (Michael Ellis)
Let me begin by reaffirming the Government’s commitment to keeping both Houses of Parliament updated on the UK-EU relationship. We remain committed to doing just that. My right hon. and noble Friend Lord Frost gave the House of Lords an update on EU relations last Wednesday, 10 November, in the form of an oral statement. Unfortunately, as this honourable House was in recess at the time, it could not be repeated here on the same day. The timing of that update was unavoidable, led by external international business. However, I recognise the importance of keeping both Houses duly informed.
Mr Carmichael
I think that that answer was more remarkable for what it did not say than for what it did, but I am grateful to you, Mr Speaker, for granting the urgent question. It is a shame that it was necessary, and that the Government have not seen fit to offer the House a statement. At the very least, we would have liked to hear some commitment from the Government today that there would be no triggering of article 16 this side of Christmas. The disruption that that would cause would be catastrophic, but still we hear nothing from them. I hope that the Minister will address that point when he replies to my supplementary question.
Listening to the Minister today, and to his colleagues on the airwaves in recent weeks, one could almost believe that the terms of our agreement with the European Union and the Northern Ireland protocol were nothing to do with them: “it was a big boy that done it and ran away”. It is almost as if those matters were negotiated by someone else, and were voted through the House in the teeth of Conservative opposition. However, we know that the truth is very different.
Article 16 does not exist as a “get out of jail free card” for the Government when they do not like the deal that they have done. It is a mechanism that allows for the taking of unilateral “safeguard” measures if either the EU or the UK concludes that the deal is leading to serious practical problems or causing diversion of trade. To invoke it in the way of which Ministers speak would be seen as an act of bad faith on the part of the UK Government.
What people and businesses in Northern Ireland want and need is pragmatic solutions to be reached and implemented in good faith, not more posturing. Businesses in Northern Ireland are crying out for a sanitary and phytosanitary agreement which would remove at a stroke the vast majority of the disruption for people on either side of the Irish sea, and that is where the Government should be devoting their energy. Will the Minister please update the House on the negotiation of that and other agreements under the protocol? In respect of the question of the role of the European Court of Justice in supervising this agreement, can the Minister explain why the Government now identify that as a problem when it was clearly within the protocol when it was negotiated and signed?
The problems of which the Government now complain are all of their own making. They chose to take us out of the customs union and to put a border down the Irish sea. It was a remarkable choice for a supposedly Unionist party to make, but they made it, and we now have to live with it. This is the time for posturing to stop and for mature government to start. A recent Queens University survey found that 52% of people in Northern Ireland support the protocol; I am sure the Minister will agree that that is a significant figure. Will he now get on and make it work?
Michael Ellis
With regard to the latest on the UK-EU relationship, my noble Friend Lord Frost and Vice-President Šefčovič met in London on 12 November to consider the state of play in discussions relating to the Northern Ireland protocol. Lord Frost noted that there remain significant gaps to be bridged between the UK and EU positions. He noted that it remained the United Kingdom’s preference to find a consensual way forward, but I must say that article 16 safeguards were and are a legitimate part of the protocol’s provisions.
The noble Lord Frost also underlined the need to address the full range of issues that the United Kingdom had identified in the course of discussions if a comprehensive and durable solution was to be found that supported the Belfast/Good Friday agreement. That is in the best interests of Northern Ireland. In that context, although talks had so far been conducted in a constructive spirit, Lord Frost underlined that, to make progress, it was important to bring “new energy and impetus” to discussions. Accordingly, intensified talks are taking place this week between teams in Brussels on all issues, giving particular attention to medicines and customs issues.
This week, Lord Frost has also been in Belfast, talking to political, business and civil society leaders and will meet with Vice-President Šefčovič at the end of the week to consider progress. I will continue to keep Parliament informed.
Sir William Cash (Stone) (Con)
With respect to the right hon. Member for Orkney and Shetland (Mr Carmichael), who raised the urgent question, perhaps he does not know that, in line with what the Paymaster General was saying, Lord Frost appeared before the European Scrutiny Committee only a few weeks ago. We asked him questions about article 16 and the European Court of Justice and he answered them with great clarity.
It is quite clear that the EU has been intransigent. For example, it invoked article 16 with regard to the covid laws that it introduced some time ago, and disruption of trade has taken place. Regarding the European Court of Justice, we are more than entitled to ensure that we are not governed by it given the repeal in the European Union (Withdrawal Agreement) Act 2020.
Michael Ellis
I agree with my hon. Friend. We want a negotiated outcome, but we are willing to use article 16. There is no change in the position that my noble Friend Lord Frost gave to my hon. Friend’s Committee only a few days ago.
Alex Davies-Jones (Pontypridd) (Lab)
I am grateful to the right hon. Member for Orkney and Shetland (Mr Carmichael) for tabling the UQ. It is simply unacceptable and quite insulting to the House that Lord Frost would wait for this place to have risen to make a statement in the other place and that the Government would have to be dragged to this place to be subject to proper and timely scrutiny.
I turn to Northern Ireland, which has become a key pressure point in UK-EU relations. I sincerely hope that the change in tone from Lord Frost may be a sign that progress can be made, because these are fractious, painful times for Northern Ireland and we are at an unsettling moment. Political disfunction has left power sharing in a fragile state. Trust in the UK Government in Northern Ireland—an essential foundation of peace—has fallen away across all communities. Trust is hard won and easy to lose.
I say to the Minister, in the sincere hope that he listens, that this is not the context in which any responsible Government would force another high stakes, divisive stand-off. With a cost of living crisis and growing instability, the last thing the country needs is a damaging trade dispute with our nearest trading partners. Does he agree that jobs, stability and livelihoods in Northern Ireland depend on the EU and UK finding a deal in the days and weeks ahead that lowers the barriers that the Prime Minister created? Does he agree that the evidence increasingly shows that communities want a solution, not a stand-off?
Labour has called all year for solutions that would lower the barriers down the Irish sea that the Prime Minister personally negotiated. That is precisely why we need a deal. Communities know that invoking article 16 would not solve the problems. It would not end the dispute; it would simply prolong it. Therefore, to find that agreement, the people of Northern Ireland must be brought in. Does the Minister agree that it is simply unsustainable for a Government whom few trust to be making huge decisions about the future while Northern Ireland is excluded entirely from the talks? Will he confirm today that the UK and the EU will bring Northern Ireland leaders and communities into the process to speak for themselves? That is the path to a sustainable solution.
The Minister should remember what is at stake in the days ahead, and remember that those who have the most to lose from another poisonous stand-off are the people and businesses of Northern Ireland. It is in those interests and the national interest that the Government should get a deal.
Michael Ellis
We did not wait. This House was in recess and a written ministerial statement was tabled yesterday.
On the hon. Lady’s substantive points, of course people are concerned about the cost of living, but the Northern Ireland protocol has real-life consequences for the cost of living. Businesses know that using article 16, should we have to do so, would alleviate pressure on the movement of goods. It is a safeguard mechanism to improve an unsatisfactory situation; it is there not to cause disruption but to do the exact opposite. It is a mechanism agreed to by both parties to the withdrawal agreement, and it is an active part of an agreement with multiple articles—it is one article among multiple others. Article 16 is perfectly valid and available to use. However, we want a negotiated outcome. Our policy remains the same: acting within the law at all times, we are willing to use article 16 should we need to do so.
My noble Friend Lord Frost was in Northern Ireland on Tuesday and Wednesday of this week, and he met all sides. I am advised that he met representatives of the Social Democratic and Labour party, the Alliance party, the Democratic Unionist party, the Ulster Unionist party and Sinn Féin. He is, of course, keeping everyone fully informed, and he travels regularly to do so. The basis of our negotiations is contained in the July Command Paper, which this House has seen.
Dr Andrew Murrison (South West Wiltshire) (Con)
Will my right hon. and learned Friend reaffirm that the priority for Her Majesty’s Government remains upholding the Belfast agreement, even if the European Union appears to hold it so lightly? On the subject of bad faith, cited by the right hon. Member for Orkney and Shetland (Mr Carmichael), what does my right hon. and learned Friend make of the fact that 20% of the European Union’s checks still occur in relation to goods going from GB to NI, despite Northern Ireland having the equivalent of 0.5% of the European Union’s population? Does he agree that the bad faith the European Union is exercising in this matter makes it absolutely essential that we continue to keep under consideration the rescinding of articles 5, 7, 8 and 10, as outlined by the July Command Paper?
Michael Ellis
My right hon. Friend is a former Northern Ireland Minister, so he speaks with authority in this House. He is right that it is of paramount importance, as I am sure all sides would agree, that the Belfast agreement is respected and protected. That is certainly the motivation of Her Majesty’s Government.
It is right to say that the Northern Ireland Executive estimate that, from January to March, about 20% of all EU checks were conducted in respect of Northern Ireland, even though Northern Ireland’s population is just 0.5% of the EU’s as a whole. That speaks for itself.
Richard Thomson (Gordon) (SNP)
Notwithstanding recess dates, it took until 16 November even to get a written statement on this subject, and that turned out to be a copy-and-paste job from Lord Frost’s earlier statement. I am shocked and appalled that it has taken until today for a Minister to come to the House to do Members the courtesy of answering questions on behalf of the Government. I am sick and fed up of hearing excuses for why this Government allow others to hear the business of the Government and their thinking before they come here to explain it. How long can we be expected to tolerate this discourtesy?
We have yet another statement and yet another rattle of the sabre on article 16. Of course, the deployment of article 16 would simply invite an equal and opposite response from the European Union, and it would simply reconvene existing discussions in another forum. Whether or not Conservative Members want to hear it, the best way to eliminate friction from east-west trade between Northern Ireland and Great Britain is for Great Britain to come back into closer alignment with the single market and customs union. Will the Paymaster General assure the House that, whatever discussions lie ahead, the Government will not in any circumstances allow Northern Ireland to become subject to the same trade friction between north and south as they have allowed to creep into the relationship between Great Britain and the European Union?
Michael Ellis
The hon. Gentleman is quite wrong; the reality of the matter is that a written ministerial statement is informing the House, and it was laid yesterday. He makes a point about business. I think I am right in saying that in today’s Financial Times there is a report that Marks & Spencer says that the proposals by the EU would not cut red tape. It is important to bear in mind that negotiations are in progress; it is not the right forum, at this stage in delicate negotiations, to try to do that in this honourable House. What is right is that Lord Frost continues his discussions with vice-president Šefčovič, and that is exactly what he is doing.
Mr Peter Bone (Wellingborough) (Con)
I congratulate the right hon. Member for Orkney and Shetland (Mr Carmichael) on obtaining this important urgent question. May I take up a difference with him on one thing? Will my right hon. and learned Friend the Paymaster General confirm that the triggering of article 16 should be based on circumstances and not on any particular date?
Michael Ellis
If the triggering of article 16 needs to occur, there are defined circumstances that would need to be ascertained—in my view, those circumstances are ascertained.
Hilary Benn (Leeds Central) (Lab)
There is a certain irony in Ministers telling France to respect the trade and co-operation agreement in full when it comes to fish while threatening to scrap the Northern Ireland protocol. I hope only that the change in tone that I think we detect in the past week or so is a sign that the Government realise that they need to step back from the brink—both sides do, because a trade war with the EU is in nobody’s interests.
The question I wish to put is about the European Court of Justice. We have heard what businesses in Northern Ireland have said about the impact of the protocol, but can the Minister tell us how many of them have raised with him the role of the ECJ, which of course the Government signed up to when they agreed the protocol in the first place?
Michael Ellis
The right hon. Gentleman should understand, and I am sure he does, that the activation of article 16 is not scrapping the protocol—it is a valid part of the agreement. He asks who has raised the issue of the Court of Justice of the European Union. What people raise regularly is the issue of sovereignty, and they say that they want their laws decided democratically by the people of this country. In my limited experience of the law, it is not normal, where there are two parties, for the courts of one party to resolve disputes between the two in an agreement. So this is not a normal situation. The European Union has shown, in the infraction proceedings that it has already brought—in my respectful submission, in a precipitate manner—when we had essential cause to take actions to protect food supply in Northern Ireland, that this is not just theoretical; this is something the EU is prepared to do, as it has shown. We therefore need to take sovereignty seriously. Those on our side of the House do take sovereignty seriously and will continue to do so.
Bob Blackman (Harrow East) (Con)
I thank my right hon. and learned Friend for the answers he has given thus far. Lord Frost is clearly involved in delicate negotiations, but they are placing great strain on the Northern Ireland Executive and the various different sections of the community in Northern Ireland. So how long are we going to allow these negotiations to go on for before we take action? Can we set a timetable for completing these negotiations, so that people can get back to running their businesses and leading their normal lives?
Michael Ellis
I understand my hon. Friend’s desire to set a finite date but, as I am sure he will appreciate, that is not conducive to good diplomatic negotiations. I have no doubt that everything is being done as expeditiously as is reasonable.
Ian Paisley (North Antrim) (DUP)
A statement should have been made in this House at the earliest possible opportunity, but I welcome the point that has been made today as a result of this urgent question. Is the Paymaster General concerned that after the chiding the Government got for putting in place a protocol that has put a border down the Irish sea, we now appear to have a Joan of Arc-like stand-off, with the Opposition holding to the protocol as if it were something precious when it is destroying business and costing businesses in Northern Ireland £850 million? That is what is catastrophic: the friction of trade within the United Kingdom.
The Paymaster General mentioned sovereignty; I represent a constituency in the United Kingdom and so do all the Members in this House—we should not be doing Brussels’ work from these Benches. Brussels has destroyed part of the United Kingdom by insisting on the enforcement of a protocol in a disgraceful manner. I appeal to the Paymaster General, who knows that the Government’s Command Paper in July this year said that the conditions for invoking article 16 have been met: we are now in the jaws of December and those conditions remain met, so invoke article 16, and invoke it now. Stop dilly-dallying on this issue. Put businesses out of their misery in Northern Ireland.
Michael Ellis
I take this opportunity to apologise again for an oral statement not being made on Monday. I have mentioned that a written ministerial statement was made on Tuesday, but the hon. Gentleman makes a fair point on that issue.
On the hon. Gentleman’s substantive point, I agree that there is a major difficulty. The protocol is not delivering its core purpose and it is crucial that it has Unionist and nationalist party consent; otherwise, Northern Ireland cannot function, because of the power-sharing relationship with which the hon. Gentleman is extremely familiar. That is the foundation of the constitution and his point is understood.
On the business front, at least 200 companies in Great Britain no longer service the Northern Ireland market, so the hon. Gentleman’s point in that respect is perfectly valid. A significant number of medicines are still at risk of discontinuation. We saw recently in one of the national newspapers that even the trees for the Queen’s forthcoming platinum jubilee apparently cannot be supplied to Northern Ireland from Great Britain. There are problems with things that are, frankly, being shredded by the way the protocol is working.
Mr Philip Hollobone (Kettering) (Con)
Given that almost 100% of the roll-on roll-off lorry traffic from the EU to the Republic of Ireland goes through Great Britain—a lot of it past Kettering on the A14— would not a sensible negotiated agreement towards a comprehensive and durable settlement involve Her Majesty’s Government taking responsibility for the policing of goods that go across the Irish sea to the Republic, in return for the free passage of goods from Great Britain to Northern Ireland if those goods are to stay in Northern Ireland?
Michael Ellis
I shall resist the temptation to ask my hon. Friend to join the negotiating team but, as ever, he speaks powerfully for his constituency, which I think is the centre point of this country, geographically, and also a centre for the movement of goods. My hon. Friend speaks with some authority on the matter and I have noted what he said.
Dame Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)
This was all so predictable when, just under a year ago, we in this House voted for the agreement. Is it not the case, first, that the people of Northern Ireland want a compromise, and secondly, that in reality the Government just threw Northern Ireland under the bus when they went into negotiations in the name of Brexit?
Tony Lloyd (Rochdale) (Lab)
To give him credit, the Paymaster General read his brief very well, but he knows very little about the sentiments of the people in Northern Ireland. Yesterday, Lord Frost held a meeting, among other meetings, with a group of people representing trade unions and civil society. They were from both loyalist and nationalist traditions and they told him very clearly, “Get on with making the protocol work.” The game and the rhetoric in which this Government are engaged in Northern Ireland is very dangerous. The Paymaster General has a duty to go back to the Prime Minister and tell him to tone down that rhetoric. It could be so disastrous that we should not even be thinking of going there.
Michael Ellis
I do not recognise the hon. Gentleman’s characterisation of the rhetoric. This is a negotiation. We want a settled solution. That is our preference and that is what the negotiations with Vice-President Šefčovič are currently doing, but we do have article 16 as a viable safeguard.
Mr Ben Bradshaw (Exeter) (Lab)
What assessment have the Government made of the damage to the UK economy as a whole and our standing in the world were the Government to trigger article 16 and it result in a trade war with the EU?
Michael Ellis
Article 16 is designed to alleviate problems, not cause them. It is a mechanism that was written in with the consent of both parties, so that it could alleviate and act as a safeguard. Threats that are emanating from other quarters about pulling out of the TCA and the like would, of course, do the exact opposite. They would cause disruption and that is not in the interests of the people of the province of Northern Ireland. It is this side that is seeking a negotiated preferential solution.
Patricia Gibson (North Ayrshire and Arran) (SNP)
The Minister must know that the Tories are playing with fire. Threatening not to implement a deal signed 11 months ago would be outrageous. What does the Minister believe the people of Northern Ireland and the rest of the UK have to gain by showing the UK clearly to be an untrustworthy and dishonest negotiating partner while it simultaneously seeks to secure international trade deals?
Michael Ellis
We are not seeking to secure international trade deals; we are securing international trade deals. We have secured more than 60 of them so far with countries all around the world. We are a trading nation. We enjoy trading with others and we always have done. That is what we will continue to do. But I do need to repeat: article 16 is not a threat; it is a part of the agreement that was signed between the parties. It is available and ready to use.
Catherine West (Hornsey and Wood Green) (Lab)
In any negotiation, it is best to have all parties round the table, so will the Government consider bringing in the locally elected Members in order to have a meaningful negotiation which really matches the sentiment, mentioned by my hon. Friend the Member for Rochdale (Tony Lloyd), on the ground in Northern Ireland?
Michael Ellis
I am pleased to be able to confirm that, as I have already mentioned, Lord Frost has already engaged with the interested parties and even on Tuesday and Wednesday this week did so in Northern Ireland. All parties are being duly kept informed, including this honourable House and the other place.
Wera Hobhouse (Bath) (LD)
A consequence of Brexit was always that we needed to erect a trade border between Britain and the EU, and there are only two places where that could go—either in the Irish sea, or a land border on the island of Ireland. As the Government are now trying to reverse the agreement that puts the trade border in the Irish sea, what other option are they actively pursuing—a land border, or rejoining the single market for the whole of the UK, not just Northern Ireland?
Michael Ellis
We are pursuing a negotiation and the hon. Lady will have to wait and see.
Mr Speaker
Finally, but certainly not with the least of questions, I call Jim Shannon.
Jim Shannon (Strangford) (DUP)
Thank you, Mr Speaker. You are most kind. The good wine always comes last.
I thank the Paymaster General for his answers to the urgent question. Back in July, the Government published a paper in which they stated clearly that conditions to trigger article 16 had already been met. He referred to M&S, which has indicated this week that extra costs and extra bureaucracy on products crossing the border will cost it £9 million. Speaking as the MP for Strangford, who has got his feet clearly on the ground and knows what is happening and what the people are saying, I want to put it on the record that some businesses face going to the wall as a result. The Prime Minister repeated that assertion recently. He said that time was of the essence and that, if the current negotiations with the EU failed to arrive at an agreed outcome in a short period, the Government would move and must move immediately to take decisive action to remove the barriers to trade between Great Britain and Northern Ireland. I urge the Paymaster General to do just that: initiate article 16 and remove the barrier.
Mr Speaker
I like hearing from the hon. Gentleman, but his questions have to be shorter. If he wants to make speeches, I am sure that he will catch the eye of somebody in the Chair later.
Michael Ellis
The hon. Gentleman is right, Mr Speaker; you have saved the best till last.
Michael Ellis
The hon. Gentleman is right that Marks & Spencer makes a powerful point. Time is of the essence. Her Majesty’s Government will move to remove barriers if necessary. The article 16 application has already been met and we are alive to the time sensitivity involved.
Integrated Rail Plan: North and Midlands
(2 years, 5 months ago)
Commons ChamberRead Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
The Secretary of State for Transport (Grant Shapps)
With permission, Mr Speaker, I would like to make a statement about the future of the railway.
Today I am proud to announce our integrated rail plan. It is a £96 billion programme that will transform rail services in the north and the midlands—the largest single rail investment ever made by a UK Government, and an investment that, rather than being felt decades into the future, will arrive much, much sooner. This unprecedented commitment to build a world-class railway that delivers for passengers and freight, for towns and cities, and for communities and businesses, will benefit eight of the 10 busiest rail corridors across the north and the midlands, providing faster journeys, increased capacity and more frequent services up to 10 years sooner than previously planned.
When I became Transport Secretary in 2019, the HS2 project was already about 10 years old. I was concerned that costs were rising and newer projects such as the midlands rail hub and Northern Powerhouse Rail had not been fully factored into the plans. Under the original scheme, the HS2 track would not have reached the east midlands and the north until the early 2040s. Clearly, a rethink was needed to ensure that the project would deliver as soon as possible for the regions that it served, and that is how the integrated rail plan was born—through a desire to deliver sooner.
The Prime Minister and I asked Douglas Oakervee to lead the work and make recommendations on the best way forward. One of his key criticisms was that HS2 was designed in isolation from the rest of the transport network. The original plans gave us high-speed lines to the east midlands, but did not serve any of the three biggest east midlands cities. For example, if someone wanted to get to Nottingham or Derby, they would still have had to go to a parkway station, and change on to a local tram or train. Oakervee made a clear and convincing case for considering HS2 as part of an integrated rail plan, working alongside local, regional and national services, not just those travelling between our biggest cities. We accepted those recommendations and asked the National Infrastructure Commission to develop options.
The commission came back with two key suggestions: first, that we adopt a flexible approach, initially setting out a core integrated rail network, but that we remain open to future additions as long as expectations on costs and timing are met; and secondly, that strengthening regional rail links would be most economically beneficial for the north and midlands—connecting towns with the main railway networks, and bringing hope and opportunity to communities that have felt left behind for too long—and that we should bring these benefits to passengers and local economies as soon as possible. Those are the guiding principles behind the integrated rail plan that I am announcing today. It is an ambitious and unparalleled programme that not only overhauls intercity links across the north and midlands, but speeds up the benefits for local areas and serves the destinations that people most want to reach.
This new blueprint delivers three high-speed lines: first, Crewe to Manchester; secondly, Birmingham to the east midlands, with HS2 trains continuing to central Nottingham, central Derby, Chesterfield and Sheffield on an upgraded main line; and thirdly, a brand new high-speed line from Warrington to Manchester and the western border of Yorkshire, slashing journey times across the north. [Laughter.] Well, I know that Opposition Members will want to hear the detail of those journey times and also to explain why their constituents would wish to wait decades more to deliver a journey almost no faster at all than under these plans.
I have heard some people say that we are just going about electrifying the TransPennine route. That is wrong. We are actually investing £23 billion to deliver Northern Powerhouse Rail and the TransPennine route upgrade, unlocking east-west travel across the north of England. In total, this package is 110 miles of new high-speed line, all of it in the midlands and the north. It is 180 miles of newly electrified line, all of it in the midlands and the north. I remind the hon. Member for Oldham West and Royton (Jim McMahon) of Labour’s 63 miles of electrified line in 13 years. We will upgrade the east coast main line with a package of investment on track improvements and digital signalling, bringing down journey times between London, Leeds, Darlington, Newcastle and Edinburgh, and bringing benefits to the north-east much, much sooner than under the previous plans. This adds capacity and speeds up services over more than 400 miles of line, the vast majority of it in the midlands and the north. We will study how best to take HS2 trains to Leeds as well. We will start work on a new West Yorkshire mass transit system, righting the wrong of that major city not having a mass transit system, probably the largest in Europe not to have one. We commit today to supporting West Yorkshire Combined Authority over the long term to ensure that this time it actually gets done.
In short, we are about to embark on the biggest single act of levelling up of any Government in history. [Interruption.] Listen to the numbers. It is five times more than what was spent on Crossrail and 10 times more than what was spent on delivering the Olympics, but Opposition Members still think it is a small package. It will achieve the same, similar or faster journey times to London and on the core Northern Powerhouse Rail network than the original proposals, and will bring the benefits years earlier, as well as doubling, or in some cases tripling, the capacity.
Let me set out a few of these investments. Rail journeys between Birmingham and Nottingham will be cut from an hour and a quarter to 26 minutes, city centre to city centre. Journeys between York and Manchester will be down to 55 minutes, from 83 minutes today. Commuters will be able to get from Bradford to Leeds in just 12 minutes, almost half the time it takes today. There will be earlier benefits for places such as Sheffield and Chesterfield. Trips from Newcastle to Birmingham will be slashed by almost 30 minutes, and passengers in Durham and Darlington will benefit from smoother, more reliable trains. The IRP delivers not just for our largest cities but for smaller places and towns. For example, Kettering, Market Harborough, Leicester, Loughborough, Grantham, Newark, Retford, Doncaster, Wakefield, Dewsbury, Huddersfield and Stalybridge could all see improvements, electrification or faster services, benefiting in ways they would not have done under the original HS2 programme.
We are not stopping there. Today’s plan is about those places that connect and interact with HS2 and Northern Powerhouse Rail and the scale of ambition, with many of these projects lying outside the scope. Only yesterday, I opened the first reversal of the Beeching axe. We will be doing the same in Northumberland for the Ashington-Blyth-Newcastle line and many others. We are investing £2 billion in cycling and walking, £3 billion in turn-up-and-go bus services, and tens of billions in our country’s roads. After decades of decline, with constrained capacity and poor reliability, this plan will finally give passengers in the north and the midlands the services they need and deserve.
It is not just about infrastructure; we are going to make train travel much easier as well. Today I can confirm £360 million to reform fares and ticketing, with the roll-out of contactless pay-as-you-go ticketing for 700 urban stations, including 400 in the north.
This is a landmark plan, by far the biggest of any network improvement and focused on the north and the midlands. With more seats, more frequent services, and shorter journeys, it meets the needs of today’s passengers and future generations. We are getting started immediately with another £625 million for electrification between Liverpool, Manchester and Leeds, bringing the total on the TransPennine route upgrade to £2 billion and counting, and £249 million to further electrify the midland main line between Kettering and Market Harborough, with work starting on the integrated rail plan by Christmas.
Communities of every size will benefit, right across the north and midlands, in many cases years earlier than planned. By taking a fresh look at HS2, and how it fits with the rest of the rail system, we will be able to build a much-improved railway that will provide similar or better services to almost every destination than the outdated vision drawn up for HS2 over a decade ago. This plan will bring the north and midlands closer together, fire up economies to rival London and the south-east, rebalance our economic geography, spread opportunity, level up the country and bring benefits at least a decade or more earlier. I commend this statement to the House.
Jim McMahon (Oldham West and Royton) (Lab/Co-op)
I thank the Secretary of State for advance sight of his statement. We will be going out shortly to collect the plan and scrutinise it. I am frankly staggered by how this statement started, with the Secretary of State saying he was “proud” to present it to the House—proud of what? Is he proud of the betrayal of trust, the betrayal of promises and the betrayal of the investment that the north of England and the midlands deserve?
We have all seen the reports over the weekend, each one setting out the betrayal being put forward today. There is no amount of gloss or spin that can be put on it. The Secretary of State promised HS2 to Leeds. He promised Northern Powerhouse Rail. He promised that the north would not be forgotten, but he has not just forgotten us; he has completely sold us out.
As someone who lives in Greater Manchester, I am not going to take lectures on what Northern Powerhouse Rail means. We know exactly what it means. We were committing to a new line connecting Manchester and Leeds, and within a month of becoming Prime Minister, Boris Johnson said:
“I am going to deliver on my commitment with a pledge to fund the Leeds to Manchester route.”
We were promised a new line. He has broken that promise, and he has not even got the decency to admit it.
Let us be clear: the scaling back of Northern Powerhouse Rail, coupled with the scrapping of the eastern leg of HS2, is a massive blow for our regions. The schemes would have created 150,000 new jobs, connecting 13 million people in our major towns and cities in our industrial heartlands. The then-Chancellor George Osborne first announced plans for Northern Powerhouse Rail in 2014. Since then, the Conservatives, including the Prime Minister and the Transport Secretary, have recommitted and re-promised 60 times.
This is a once-in-a-generation chance to transform opportunity across the whole country, to rebalance the economy and make it work for working people, but that opportunity now looks set to be lost. They are the very same working people who will likely face a record increase when rail fares go up next year. They will be paying 50% more to get to work than they did a decade ago, relying on a crumbling, unreliable and overcrowded system that prioritises profit above passengers. It is the same with buses, with fares up 70%, use down and not a single one of the 4,000 zero-emission buses promised by the Prime Minister three years ago having been delivered.
What is on offer? Some £96 billion that we should be grateful for, but let us unpack that £96 billion, £40 billion of which has already been committed from London to Crewe, but is being labelled as investment across the north of England. Of the £56 billion that remains, if we compare that with what the north of England would have got over the past decade had it had the same investment as London and the south-east, we are still £10 billion short. We are not going to accept crumbs off the table.
Labour would reform our transport networks so that they work for working people, with investment spread more evenly across the country so that parents are not forced to see their children leave the places where they were raised to find opportunity that is denied on their doorstep. Most importantly, Labour would put working people first, using the power of Government and the skill of business to ensure good-quality jobs are created here and in every single region of Britain.
The Prime Minister was elected on a promise to level the playing field and make things better for households across the country. We were promised a northern powerhouse. We were promised a midlands engine. We were promised that we would be levelled up, but what we have been given today is the great train robbery—robbing the north of its chance to realise its full potential, robbing the next generation of the hope and opportunity they are due and robbing 15 million people across the north of the investment they have been denied for 11 years under this rotten Government.
Grant Shapps
I just want to make sure I understand the hon. Gentleman’s approach—his lines, as it were. This is £96 billion of expenditure, the single biggest investment ever. We have made no secret of the fact that some of that money is already the Birmingham to Crewe line, the Crewe to Manchester line; last time I checked, that benefits the midlands and north, does it not? That does help.
I realise the hon. Gentleman either wrote his response before hearing what was in the statement, or decided to ignore it, because this is a brand-new high-speed line—I just want to check the geography—from Warrington to Manchester to Marsden in the west of Yorkshire. To judge by his response, he does not think that exists.
What confuses me the most overall is that the Leader of the Opposition seems to be in a completely separate place. He said:
“I oppose HS2 on cost and on merit: it will not achieve its stated objectives.”—[Official Report, 15 September 2015; Vol. 599, c. 1006.]
So he opposes HS2. For transparency, he said that in 2015. What has he said more recently?
“The government should take this opportunity to cancel HS2”.
That is the Leader of the Opposition speaking. Before the hon. Member for Oldham West and Royton (Jim McMahon) gets carried away, why does he not have a word with the leader of his party and work out whether they agree on his position?
This is an enormous investment. It will create three new high-speed lines. It electrifies track; just today, nearly 400 miles of track electrification was announced within these programmes. What a contrast with the 63 miles of track the Labour Government managed to electrify in 13 years in office.
I will finish by talking about the importance of the overall transport approach. This is not just about rail, as the hon. Gentleman rightly pointed out, but about other means of getting around. We cannot get around without a roads programme, and we have a £20 billion-plus road building programme. Labour opposes it. They do not want to build any roads, so I am not sure where he wants to run those buses he keeps talking about.
I have already written to the hon. Gentleman, and I think I am right in saying I sent the letter to the Library of the House, because he will continue to go around saying that of these 4,000 buses, none are on the road. That is factually untrue. I have written to him with the detail: 900 of those buses are ordered, many of them already on the road. I know it is the Opposition’s job to oppose, but if he is already opposing his own leader, no wonder they do not have a cohesive transport policy.
Huw Merriman (Bexhill and Battle) (Con)
The Prime Minister promised that HS2 and Northern Powerhouse Rail were not an either/or option. Those in Leeds and Bradford might be forgiven for viewing it today as neither. That is the danger in selling perpetual sunlight and leaving it for others to explain the arrival of moonlight. On a stand-alone basis, this plan comprises some fantastic projects that will slash journey times and better connect our great northern cities, and for that the Transport team deserve much credit. My question is this: it costs us in this country £2 million to deliver a single kilometre of electrified track. The Germans can do that for less than £500,000 because they have a rolling programme of electrification. What steps has the Secretary of State taken to ensure that this new plan can be delivered to time and to this cost?
Grant Shapps
My hon. Friend is absolutely right about the improvements in journey times. For example, on Bradford, which has been talked about a great deal, it will be 12 minutes from Bradford to Leeds. What we called for, and what everyone was calling for, is London or south-east-style connectivity, and 12 minutes between two of the north’s great cities as a result of this plan is one of those potential upgrades—not potential; it is one of the upgrades in the plan.
My hon. Friend is absolutely right about the cost of electrification. A lot of these things seem to cost a lot more in this country. The rail Minister—the Minister of State, Department for Transport, my hon. Friend the Member for Daventry (Chris Heaton-Harris)—is carrying out an electrification challenge to bring the sector in and challenging it to build on electrification much faster than currently happens. Of course, in addition to electrification, we also have zero-carbon trains, electric trains and hydrogen trains such as the HydroFLEX, which will help to resolve some of the more difficult-to-electrify areas, although, as I say, we have full fat electrification on nearly 400 miles of line as a result of today’s plan.
Gavin Newlands (Paisley and Renfrewshire North) (SNP)
I thank the Secretary of State for advance sight of his statement, although I did read most of it in a newspaper beforehand.
I do admire the Secretary of State’s hutzpah for the most bullish U-turn I have yet seen in this place. He talks of Beeching reversal; this is nothing but an HS2 reversal. Bit by bit, HS2 and its grand vision for a rail network that might actually belong in the 21st century rather than in the 19th century is being salami-sliced until all that is left is a Birmingham to London shuttle with a few token services to Manchester, benefiting few, but costing us all.
Perhaps the Secretary of State should ask for some tips from the French Government, whose high-speed rail network is now 2,800 km long, or from the Germans, who have over 3,000 km. Denmark is building high-speed rail to link with Germany’s network, including an 11-mile tunnel under the Baltic sea. Meanwhile, the UK cannot even manage linking itself.
On electrification, the 2015 manifesto promised electrification to Windermere, south Wales and the midlands, and they were ditched, so forgive me if we are sceptical about today’s promises not meeting the same fate. For a country that started the railway age and produced Brunel, Stephenson and Joseph Locke, England is now badly served by its transport leadership—a leadership that no number of glossy reports and reviews can paper over.
Can I ask the Secretary of State what implications this will have for Barnett consequentials for both Wales and Scotland? Will Wales now receive its fair share of funding if HS2 money is being redeployed elsewhere? Can he confirm that Barnett will also apply to Scotland’s funding? Given that the Scottish Government are miles ahead of the UK on decarbonisation, electrification and active travel, at least we know something useful will be done with that cash.
Perhaps it is time that levelling up applied to the DFT. Move the Department up to Newcastle, Carlisle or Doncaster, and quickly find out at what level the rest of England operates when given a shoestring to run a public transport network that is in the 21st century in theory only. Experiencing the third class network the north of England is expected to endure every day as compared with that in Greater London might sharpen a few minds in the DFT as to where their priorities lie in the future.
Grant Shapps
As the hon. Member knows, the Treasury is going to Darlington and the DFT has actually gone to Leeds and Birmingham. We already have 70 staff up at our Leeds office, and they will be delighted to be able to travel around much faster as a result of this plan today.
I should mention that the plan involves £12.8 billion of upgrade of the eastern core. This is upgrading the east coast main line, digital signalling and the like. We are not near capacity on those routes yet. The £12.8 billion will help with the journey up the east coast. Of course, the plan today also confirms the west coast update—the HS2 part of it rather—meaning that journeys to Scotland will be a great deal faster as a result. There are lots of benefits, when it comes to Scotland, from bringing these journey times way down as a result of this investment in HS2, and this plan today delivers on that.
Martin Vickers (Cleethorpes) (Con)
I welcome the Secretary of State’s statement, which I think is a good balance between what was hoped for and what can actually be achieved. I am sure it was an oversight that he did not mention Cleethorpes in his statement. Can he assure me that the restored direct link between Cleethorpes and King’s Cross, which is in the London North Eastern Railway draft timetable, will indeed begin, I hope next year, but certainly by 2023? Can he also assure me that the east-west freight corridor from the Humber ports is still a priority?
Grant Shapps
My hon. Friend is absolutely right. I missed that out in my foreword and I apologise—Cleethorpes should certainly get a mention. I am working with my hon. Friend the Minister of State (Chris Heaton-Harris) on a potential direct service from Cleethorpes to London. Just a week or two ago I visited the ports, and I know the importance of connectivity with those ports.
Hilary Benn (Leeds Central) (Lab)
The Prime Minister repeatedly promised that HS2 and Northern Powerhouse Rail would be built in full. Today that promise has been broken, and Leeds and the north have been betrayed. Can the Minister explain—this is insofar as I understand the details; I have yet to read the full report—the logic of taking HS2 from Birmingham to East Midlands Parkway, building a new high-speed line from Leeds to Sheffield, but leaving a huge great big hole in the middle, which would have Victorian railway engineers scratching their heads in disbelief, to save what The Times says is £10.3 billion? What is the purpose of doing that?
Grant Shapps
I think I can reassure the right hon. Gentleman. One of the purposes of Northern Powerhouse Rail, which we are delivering, is to slash journey times, for example from Leeds to Manchester, and we will deliver exactly that. We will provide a journey time of 33 minutes from Leeds to Manchester, which he will know is a very significant improvement. That is not the only thing. We will also cut the journey time from Leeds to London to one hour 53 minutes, and to Birmingham it will be an hour and a half. All those journey times will be coming down dramatically because of the steps we are taking today. We have also announced £100 million to look at the best way to run HS2 trains into Leeds, as well as to sort out the long-term problem that Leeds does not have a mass transport system—I think it is the biggest city in Europe without one. We know there have been many attempts at that over the years, but this time we intend to ensure it is followed through. There is a lot for Leeds in this package, which includes, as it happens, getting Northern Powerhouse Rail to run to Leeds, and I hope the right hon. Gentleman’s constituents will feel the benefits of that.
Robbie Moore (Keighley) (Con)
The creation of economic prosperity across Keighley and the whole Bradford district is something I care deeply about, and it is linked to the creation of better transport connectivity. I am deeply disappointed by today’s announcement, and in my view, the Bradford district has been completely short changed. We are one of the most socially deprived parts of the UK, and we must get better transport connectivity. I still want Northern Powerhouse Rail to be delivered with a main stop in Bradford, so that we can unlock our economic opportunities. Will my right hon. Friend explain to the House what the Government are doing to deliver better, more reliable, and cheaper rail services for my constituents in Keighley?
Grant Shapps
Let me make sure that my hon. Friend understands and appreciates the full relevance of today: a 12-minute journey from Bradford to Leeds, which is nearly half the current journey time; at least 30 minutes off the Bradford to London journey, after the upgrades are complete. There were other plans, which were not at all fleshed out—I know Transport for the North and others had talked about building all sorts of different versions of this, and one version was indeed the TransPennine route upgrade. However, there was a problem with those other plans: I mean no disrespect to my hon. Friend, but he may well not be an MP in 2043—perhaps he will be—to see those things delivered. The advantages I am talking about such as the 12-minute journey, and 30 minutes off the journey from Bradford to London, will be delivered in his first couple of terms as a Member of Parliament.
Catherine McKinnell (Newcastle upon Tyne North) (Lab)
The Secretary of State knows fine well that the promised integrated infrastructure investment is about capacity as much as travel times. The Government are just not being straight, as they are asking northerners to put up with make do and mend, rather than the infrastructure we were promised. Is that because they continue to see the north as a problem to solve, rather than an opportunity to invest in? Is this not just another broken promise from this Prime Minister and Chancellor, who have seemingly cancelled levelling up because there are Tories on the line? It appears that the Prime Minister is once again driving a train into the ditch and off the track on his way to the north.
Grant Shapps
Listening to the hon. Lady, one would think I had just come to the Dispatch Box to announce that Newcastle will have a longer journey time to London. The answer is exactly the opposite. As a result of the plans I am announcing today, the journey from Newcastle to London will be 21 minutes shorter. One would have thought she would be standing up and welcoming today’s massive investment in the train services that will benefit her constituents. Even if she does not appreciate it, I rather suspect her constituents will.
Andrew Jones (Harrogate and Knaresborough) (Con)
I thank my right hon. Friend for his statement and I look forward to reading the detail of the plan. He has given us a complex statement, because there are many changes to existing plans, but it is absolutely clear that no Government have ever invested on this scale in British history. He should not take any lessons from the Labour party, which did nothing on the issue. Will he provide a bit more detail on the timescales for delivery? Specifically, when will people in Yorkshire be able to take advantage of the enhanced services he is talking about? Can he comment a little further on the environmental benefits? I am thinking particularly about the improved clearances for rail freight.
Grant Shapps
On the environmental advantages, it will interest the House to know that HS2 is being built in as an environmentally friendly a way as possible. Section 2B west is intended to be a net positive carbon contribution, not just in its running but in its entire life cycle, which will be very important.[Official Report, 23 November 2021, Vol. 704, c. 4MC.] I refer the House and my hon. Friend to pages 134 and 135, which contain the full timescale for when the various different benefits will arrive at different locations. In every case, the advantages will start arriving much, much sooner than under the original plans. All the people who say we should have just carried on ploughing on with the original HS2 plan need to explain why it was right to wait until the 2040s for their constituents to feel the benefits. This way, the benefits will start to be felt by this Christmas, when work gets under way on the midland main line and from work already under way on the TransPennine route.
Liam Byrne (Birmingham, Hodge Hill) (Lab)
I want to follow up on the question asked by my right hon. Friend the Member for Leeds Central (Hilary Benn). I want to understand the new east-west division that the Secretary of State has set out today. As I understand it, our constituents moving from Leeds to Manchester will travel by high-speed train south of Leeds, then change trains to get a train to Nottingham Parkway, and then get on a new high-speed train from Nottingham Parkway to Birmingham. I think that is what the Secretary of State set out. Since we approved this plan in Cabinet, China has built 23,500 miles of high-speed line. This Tory Government have built none. We have had a review every year and the Secretary of State has just destroyed the plans. Hundreds of millions of pounds in Birmingham is predicated on being at the heart of a network, not a mish-mash. How can we now believe the plan he has set out?
Grant Shapps
I should point out that China does not have the same health and safety approach as us. It has a slightly different view of how many people it is acceptable to kill per mile of track laid, and I do not think the right hon. Gentleman is seriously considering we go down that route. I know that he represents a Birmingham constituency and I know that the Mayor of the West Midlands has broadly welcomed this package. Birmingham does very well out of it. The connection that was not initially envisaged in the HS2 plan, between the biggest cities in the midlands, such as Birmingham and Nottingham, will now be complete with not just a parkway station, but with stations into the city centres of Nottingham and Derby connecting Birmingham. That will be fantastic news for his constituents. He asked about trains. No, people will not be changing trains. They will be on the same train all the way through.
Sir William Cash (Stone) (Con)
I did not hear the Secretary of State mention the stretch between Birmingham and Crewe, which cuts straight through my constituency from top to bottom, causing massive misery to my constituents. Will my right hon. Friend confirm that discussions have taken place to improve the situation? Will he and the Minister of State, Department for Transport, my hon. Friend the Member for Pendle (Andrew Stephenson) commit to continuing to listen to the proposed solutions, which would mitigate the misery and help to solve the problems faced by my constituents?
Grant Shapps
It is absolutely right that HS2 has had a big impact on a lot of communities, or it does as it is built, and there are different advantages in different places for Members and their constituents. I am delighted to assure my hon. Friend that he can continue to work with the HS2 Minister, my hon. Friend the Member for Pendle (Andrew Stephenson), who has done wonders to improve the relationship with the communities to try to bring benefits—even where there are not necessarily stops—to communities along the HS2 line through some of the community funds and other things. I will recommit to that for my hon. Friend the Member for Stone (Sir William Cash) today.
Dame Diana Johnson (Kingston upon Hull North) (Lab)
It was five years ago on Tuesday that Tory Ministers blocked the privately financed rail electrification to Hull, and there was not one mention today of the great city of the north, Hull, and the economically important area of the Humber. Will the Secretary of State explain why passengers in Hull, who pay more for their train tickets and get a poorer service, will now have to wait even longer? I cannot see anything in the detail to show that the Prime Minister is delivering on his promise for Northern Powerhouse Rail. In the Hull and the Humber area, levelling up means absolutely nothing.
Grant Shapps
The right hon. Lady would be right if it did not matter to her constituents, for example, to be able to travel to Manchester 30 minutes faster than they can at the moment—[Interruption.] Yes, from Hull to Manchester, it will be 30 minutes faster than it is at the moment. If it did not matter to them to be able to travel quickly and efficiently down the east coast main line, I suppose she would be right, but the reality is that this plan actually delivers all those things. It would be a lot less disingenuous for her to come to the House and welcome these huge improvements, with journey times 30 minutes faster to Manchester and much faster to London, and potentially with more trains per hour because of the increased capacity. I would have thought that she would welcome those things.
Darren Henry (Broxtowe) (Con)
I thank the Government for this positive announcement on rail infrastructure in the east midlands, but will my right hon. Friend outline his plan for Toton in my constituency?
Grant Shapps
My hon. Friend has been an incredible advocate for Toton and the surrounding area. Today is really a triumph for him, because not only will we ensure that we connect up the major cities—so, Birmingham to Nottingham—but we have committed to Toton to ensure that the brand-new development also gets development funding, which will be matched by the private sector, in order to develop a station that allows Toton to fulfil the role for which he has campaigned so assiduously. Toton is very much in the plan today and I think that he will be delighted with what he reads.
Graham Stringer (Blackley and Broughton) (Lab)
The Secretary of State has done an extraordinarily good job of presenting what No. 10 is briefing to the press is an £18 billion reduction in the rail investment programme. That is the truth. He has also not told the House that the plan involves getting rid of the tunnels that take HS2 through Manchester to a low-level station at Manchester Piccadilly. Will he do an assessment of the impact that putting HS2 on stilts through Manchester will have on potential regeneration? HS2 will bring regeneration, but if we put it in the air like that, it is most likely to sterilise the areas on either side. He would not have put Crossrail on stilts in Greater London.
Grant Shapps
It is worth explaining to the House that the tunnels will bring HS2 into Manchester; it will not be on stilts coming in. I think that the hon. Gentleman is referring specifically to the station element, which has been studied and re-studied many different times. Of course, we can only spend the same money once and we need to spend it as wisely as possible. If we spend £6 billion or £7 billion building the station underground at Manchester, we will take away from Liverpool, Leeds, Hull or some of the other places that are calling for money. He rightly points out that for the difference of four minutes in the journey from Manchester to Leeds, for example, the cost will be £18 billion less, but that does not take away from the fact that in today’s announcement there is £23 billion for Northern Powerhouse Rail, including new high-speed lines from Warrington to West Yorkshire and all the huge upgrades that we have been describing. Manchester is a principal beneficiary of this entire programme and we wish his constituents well in their new journey times.
Paul Howell (Sedgefield) (Con)
I welcome the announcement and particularly the improved speed of delivery. Once in a generation would be good; I do not know whether my hon. Friend the Member for Keighley (Robbie Moore) will be here in 2043, but I will be 83 years old, so I do not want it to take that long.
I really encourage as much UK provision into the supply line as possible. I will be leaving the House later today to zoom back up to Sedgefield on a train built in Newton Aycliffe; I hope we see many more of those. On supply, there is a bit of uncertainty among residents about the impact on things like the Restoring Your Railway programme at places such as Ferryhill. We need to make sure that that proceeds, but it is also important that we head north. What opportunities will come for the Leamside line to deliver north for Sedgefield?
Grant Shapps
It is worth saying that 97% of HS2 companies are UK-registered. More than 2,000 businesses are involved in the delivery; as my hon. Friend knows, many are bidding for things like the train delivery. There will be further announcements on that side of things soon.
On improvements, I know that Darlington has had capacity constraints—I have been to see them for myself—that will be massively improved as a result of our plans. All in all, it is very good news for my hon. Friend’s constituents in Sedgefield.
Judith Cummins (Bradford South) (Lab)
I have to say that the Secretary of State’s upbeat statement does not really chime with reality. It represents missed opportunities for the people and businesses of Bradford. The short-sighted decision puts at risk the more than £30 billion in economic benefits that would have flowed from a full NPR with a city centre train stop for Bradford. The disparity in the statement is huge: it is big on rhetoric and short on delivery. Just how long has it been known that the promises on HS2 and NPR would be broken, letting down the people of Bradford and the people of the north?
Grant Shapps
For the hon. Lady’s constituents who want to travel to Leeds, I think the journey at the moment is 20 to 22 minutes. The good news is that after today’s announcement, it will take 12 minutes. That will bring real connectivity between two great northern cities, which is incredibly important.
It is also important to say that the Government have always said that we will look at the best ways to improve efficiency and reliability. Should the hon. Lady’s constituents need to travel down to London, as she does, I am pleased to say that once work has been completed, they will be able to get here 30 minutes faster. Again, that is a very significant delivery. As we have been saying, these things will not happen in decades’ time, in the 2040s; they will be happening this decade. That is incredibly important as well.
I believe that this is a plan that will deliver for the hon. Lady’s constituents in Bradford. Of course, there are always more things and there is always the future. It is important that people know the current plans so that they can plan for those things. Right now, the connectivity between Bradford and Leeds is improving so much that I am sure it will make many people think about how fortunate they are to be able to get to another major city so fast after these plans are in place.
Sir Edward Leigh (Gainsborough) (Con)
HS2 was always a white elephant, but as far as the east coast is concerned, it is now a white elephant missing a leg. We were promised that it would relieve congestion on the east coast main line because it would go to Leeds. Where is that promise?
There is one promise that the Secretary of State can keep. For years, as my hon. Friend the Member for Cleethorpes (Martin Vickers) said, we have been promised a through train that would serve a quarter of a million people and go from Grimsby and Cleethorpes, through Market Rasen in my constituency and Lincoln, down to London. We are still waiting. Just saying, “We are working on it,” is not enough. We have had these promises again and again. Will I be standing here in 2043, when I am 93, still asking for my train?
Grant Shapps
I suspect that my right hon. Friend will be making a very passionate case! I know that my hon. Friend the Member for Daventry (Chris Heaton-Harris), the Rail Minister, is working on the business case.
Let me say something about the east coast main line. What is often misunderstood is that a huge number of upgrades were carried out on the west coast main line in the 1990s to increase capacity, and it was maxed out. On the east coast, those upgrades, which now include digital signalling and other technologies that were not available then, mean that there is still a fair amount of capacity to be exploited. I do not understand the argument of those who say, “Never mind about maxing out the capacity, the electrification, the digitalisation of signalling; let us just rip through and build yet another line.” We should do the things that work and deliver the fastest, in our lifetimes, and that is what this plan will achieve.
Mr Clive Betts (Sheffield South East) (Lab)
There has been a great deal of commitment to HS2 in Sheffield, across the political parties and in the business community, so today there will be a lot of anger. People will feel that Sheffield has once again been snubbed and left behind. I believe that as a consolation we are to see the electrification of the midland main line. Is that the third time it has been promised? It has already been scrapped twice, so are we going to be third time lucky? What is the guarantee?
There are a great many questions to be asked about, for instance, the links between Sheffield and the other major cities, and whether there will be investment in our tram network, including badly needed links to our hospitals. Will the Secretary of State therefore agree to meet Sheffield Members of Parliament, representatives of the city council and the mayor to discuss the details of these proposals and what they actually mean for our city?
Grant Shapps
I know that my hon. Friend the Member for Pendle (Andrew Stephenson), the HS2 Minister, is champing at the bit to have exactly that discussion.
I would not want the hon. Gentleman to have inadvertently misled the House or his constituents about today’s announcement, because the good news for him and his constituents is that exactly the same journey times that were promised to him through HS2 now apply to Sheffield, and that rather than having to wait until 2043—as I have said several times—for, in particular, the midland main line upgrades, we will be starting that work this Christmas.
Sara Britcliffe (Hyndburn) (Con)
Levelling up across the north means improving our transport and connectivity links for communities such as mine in Hyndburn and Haslingden. As the Secretary of State will know, I have been lobbying about the reopening of the Skipton-to-Colne railway line and the freight terminal, but it is still the case that a 25-mile journey by rail and road can take up to an hour by rail and easily two and a half hours by road at the peak of the rush hour. Can the Secretary of State explain how what has been announced will achieve levelling up in communities like mine, and assure me that there is still a focus on smaller projects?
Grant Shapps
One of the big announcements today was about smart ticketing, which will make journeys much easier and more convenient for people, and will also enable fares to be capped. If someone—perhaps one of my hon. Friend’s constituents—uses the train several times a week, on more days than they originally budgeted for, and has no season ticket, this version of smart ticketing will enable a contactless system to repay the person’s credit card at the end of the week.
It is true—I want to be completely up front—that not every single town, city and village in the country will benefit from the plan, but this is not the end of it. We still have the rail network enhancements pipeline—the RNEP—which my hon. Friend the Rail Minister is working on, and, of course, many other programmes, including Restoring Your Railway, which will bring further opportunities.
I should be happy to organise a meeting between my hon. Friend and the Rail Minister—and let me, for the sake of clarification, repeat to the hon. Member for Sheffield South East (Mr Betts) that his request for a meeting was accepted.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
My priority for so many years has been the connectivity of the towns and cities across the north-west of England, and Yorkshire in particular. It would be wrong of me not to say that there was some good news in this morning’s statement—I believe that there are some advantages for Huddersfield—but the problem is that, as my hon. Friend the Member for Sheffield South East (Mr Betts) has said, there is a hole in the middle of this plan. It is not strategic enough, it is not integrated enough, and it is not ambitious enough. There is some good stuff in it, but will the Secretary of State go back and have a rethink about the boldness and the timescale?
Grant Shapps
I welcome the hon. Gentleman’s tone. I know that he was never a fan of HS2 originally. He is right to say that there are many benefits for Huddersfield in this plan—for example, journey times to Birmingham Curzon Street will be cut, there will be more trains to Leeds, and services will improve. However, he is right about the importance of ensuring that this can be stitched into the wider rail network. I think that once he has had an opportunity to read the integrated rail plan, he will find answers to many of his queries, and I welcome his at least tacit support for some of these measures.
Mr Peter Bone (Wellingborough) (Con)
I am grateful that the excellent Secretary of State has come to the House and made, as Sir Humphrey would say, such a “courageous” decision. It would be much easier politically to carry on with HS2, but today’s announcement will give better service to more people. In my constituency in the east midlands, electrification going north from Wellingborough is overdue and will be welcomed. We would not have benefited in any way from HS2. Will he say that, because of his courageous decision, he will still be in place next week?
Grant Shapps
You never know in politics. My hon. Friend makes the good point that electrification can be a real game changer on our railways. I think I am right in saying that he has already experienced it up to his constituency but not further north. This plan completes it and brings electrification of the midland main line up to Sheffield, which will make a dramatic difference to him and his constituents. I thank him for welcoming it.
Sarah Olney (Richmond Park) (LD)
The announcement scraps much-needed plans to improve rail capacity and connections in communities in the midlands and the north, where economic prosperity should have been boosted. Just a few weeks ago, the Chancellor announced plans to make it cheaper to take domestic flights. Can the Secretary of State explain how those plans together deliver against either of the Government’s stated objectives of levelling up and tackling climate change?
Grant Shapps
I thought that the hon. Lady was going to ask about how the plan benefits Richmond specifically—I suppose it does for those who want to travel to anywhere in the midlands or north. She is right that it is important that people can travel affordably by rail. It is also right to remind the House that, in all these decisions, we have to consider the wider purse and taxpayers’ money. We have spent £15 billion keeping our rail service going during coronavirus outside of all the other expenditure and we come to the House today with a £96 billion investment package. Of course, we will always try to balance the direct costs to the individual passenger making a journey with those to the wider taxpayer who is supporting the infrastructure. It is always my goal to get more people travelling on the trains and public transport—that is, I think, a worthy goal—and I think these plans will help that in the future.
Kevin Hollinrake (Thirsk and Malton) (Con)
One feature of Northern Powerhouse Rail as I understood it was a completely new line from Leeds to Bradford and Manchester, and the journey from Bradford to Manchester was to take 20 minutes. Will my right hon. Friend confirm that now it will be more like 45 minutes? Additionally, the new station in Bradford that would have given a King’s Cross-style regeneration opportunity to Bradford, which is in severe need of it, will be missed. Will he confirm that, by not doing that, an economic price will be paid for generations?
Grant Shapps
No. With the greatest respect, I do not accept that narrative for several reasons. First, that was Transport for the North’s suggestion—and actually it was to be a 29-minute journey. That was one of the options, and another of those options is what we are doing. Secondly, as I have said to the House, there are many benefits to Bradford—including that 12-minute journey to Leeds and a journey at least half an hour shorter to London—which all come about because of the integrated rail plan. Governments have to make decisions, and I accept that we cannot do everything all of the time everywhere, but, when my hon. Friend speaks to his constituents, he will be able to tell them about dramatically improved journey times as a result of the plan.
Tony Lloyd (Rochdale) (Lab)
A few moments ago, in response to the hon. Member for Wellingborough (Mr Bone), the Secretary of State extolled the virtues of electrification. Any real plan for the north of England would have: electrification from the seats of my hon. Friends in Hull all the way through to Liverpool; access to Sheffield from Manchester; and access to Newcastle and the north-east. That scale of imagination is lacking in the announcement. Will he guarantee that no damage will be done that would prevent a more ambitious programme in the future?
Grant Shapps
It might have been lost in translation, but Liverpool to York is a core part of the NPR programme. As I have said before, it will be electrified and have some high-speed lines, too. None of this prevents further electrification. There are new plans to stretch beyond Hull to Newcastle and more. Obviously, no Government can do this in a single go. The plans I have announced today accelerate dramatically the advantages that constituents will get across the north, because it will now happen in this decade—starting from Christmas. This speeds up a lot of that, and the hon. Gentleman is right to say it does not prejudice anything else happening in the future.
Dr Andrew Murrison (South West Wiltshire) (Con)
My right hon. Friend is right to say that not every city, town and village will benefit from this plan, but one thing is for sure, which is that they will all be paying for it and there are opportunity costs. Does he understand the disquiet of my constituents about HS2 and now this plan, given that he has limited bandwidth and what he is spending on one project is not being spent on upgrading services elsewhere? Will he throw my constituents a small crumb by delaying the planned closure of services from Bristol Temple Meads to Waterloo via Trowbridge and Salisbury, pending a proper consultation that will show very clearly that the Great Western Railway service he thinks duplicates services run by South Western Railway is over capacity now and certainly will be once he closes the GWR service?
Grant Shapps
My right hon. Friend is right that every decision has a trade-off, which is why it is important that we think about the country as a whole. He will be pleased to hear that I was down in the south-west yesterday using South Western Railway, and I appreciate the importance of that service. I will ensure that he meets the Rail Minister, my hon. Friend the Member for Daventry (Chris Heaton-Harris), to discuss his specific concerns.
Rachael Maskell (York Central) (Lab/Co-op)
Today’s announcement will be a bitter blow to my constituents and the local economy in York, not least because we all know, and the Secretary of State knows, that the trans-Pennine route upgrade will not have the necessary capacity to deliver the rail speeds and connectivity that we need. Will he publish the capacity of that route so that we can understand how my constituents can move west in a timely way?
Grant Shapps
Yes, I will. The capacity figures are in the document itself. I do not want the hon. Lady to go away from this Chamber and inadvertently mislead her constituents. Journey times from York to Manchester, which are 55 minutes today, will be 28 minutes. There will be a dramatic improvement, and it would be extraordinary if she described that as bad news.[Official Report, 19 November 2021, Vol. 703, c. 6MC.]
The hon. Lady will see that the capacity figures are in the integrated rail plan and, yes, the capacity is there to do it.
Mark Menzies (Fylde) (Con)
I broadly welcome this package of measures, which starts to boost some of the regional economies in the north. Will the Secretary of State make sure that he keeps a keen eye on some of the small local projects, such as the South Fylde line? We currently have one train an hour running from Blackpool South through Fylde and into Preston. We need to make sure that we are investing in such small projects to bring meaningful change.
Grant Shapps
There is an awful lot coming alongside the IRP, which is just one part of our rail infrastructure. The rail network enhancements pipeline has tens of billions of pounds, and there are also programmes such as the Beeching reversals—I have been to my hon. Friend’s patch in the past to talk about some of those reversals. There are many other opportunities for Members on both sides of the House to look to improve their rail services. The Government are building new lines and just yesterday, as I mentioned earlier, I opened one that had stopped running in the 1970s.
Ian Mearns (Gateshead) (Lab)
I was personally invested in HS2 as a member of the hybrid Bill Committee for the section from London to Birmingham. I sat on that Committee for 15 months, so I have some understanding of what is happening. Only nine months, one week and one day ago, the Prime Minister answered my question:
“I can certainly confirm that we are going to develop the eastern leg as well as the whole of the HS2.”—[Official Report, 10 February 2021; Vol. 689, c. 324.]
To people in the north of England who live well north of Leeds, this now looks as though HS2 was affordable for the south but it was not affordable for the north. If we are going to put this right, we need to get local schemes such as the Leamside line, the Bensham curve and the new Gateshead station put into the programme, so that people can see some real benefit. It is not just about getting to Leeds, to York, to London; it is about getting from Newcastle to Carlisle, and from Newcastle to Sunderland, to Hartlepool, to Middlesbrough, and those lines take an age. So, Secretary of State, let us make sure that what the Prime Minister said to me nine months ago is not just more empty rhetoric from the bank of broken promises.
Grant Shapps
The hon. Gentleman makes a good point about new lines. The Ashington to Newcastle line, which is likely to be the second or third Beeching reversal, will do exactly what he has asked for: it will bring services from Ashington, through Blyth, to Newcastle. These are brand new lines. This integrated rail plan is not the whole picture; it is the part of the picture that was to do with NPR and midlands rail. I know that he dismisses it, but a 21-minute improvement on journeys from Newcastle to London because of this plan will be appreciated by his constituents—I cannot think why it would not be. It is exactly the sort of capacity improvement that we want to see. I remind him and the whole House: this is not the end state of our railway. It is just the next stage, which will immediately provide a 21-minute improvement for his constituents.
Several hon. Members rose—
Madam Deputy Speaker (Dame Rosie Winterton)
Order. I want to try to get everybody in, so let us have brief questions and briefer answers.
Ben Bradley (Mansfield) (Con)
I thank my right hon. Friend for this statement, as there is a lot in the plan to welcome in Nottinghamshire, not least the opportunity to build a new station at Toton, where we can create thousands of jobs. Will he confirm for my Mansfield constituents that there is good news in the plan on the Maid Marian line and Robin Hood line, which can help them to access those jobs at Toton?
Grant Shapps
My hon. Friend has been an extraordinary advocate, and Nottinghamshire and his Mansfield constituents are big winners today. Toton is coming, along the lines already discussed, and we have that very important tie-up between Birmingham and Nottingham—it just did not exist under previous plans—together with Derby. He is right to say that those two lines get a mention in today’s programme. There is much more work to do, of course, to bring them to life.
Alex Norris (Nottingham North) (Lab/Co-op)
Twice in this Chamber I have asked the Prime Minister to commit to the HS2 eastern leg, and twice he has done so from that Dispatch Box. Today, that promise goes up in smoke, as will thousands of jobs associated with the project in the east midlands—more skilled jobs lost in our community. This is economic vandalism. My constituents will ask me why yet another promise to our community has been broken. Will the Secretary of State tell me what I should say to them?
Grant Shapps
Yes, the hon. Gentleman should tell them that under this plan trains will come straight into the city centre of Nottingham, which would not have happened under the original HS2 plan.
Mr Philip Hollobone (Kettering) (Con)
In addition to the recently announced improvements to the train service from Kettering, including a 46-minute, non-stop London to Kettering service and the reintroduction of the half-hourly service northwards, which was taken out by Labour in 2010, I welcome the better connectivity that will be experienced by rail passengers from Kettering as a result of the integrated rail plan. Will the Secretary of State confirm the timetable for the electrification of the midland main line and, in particular, the section between Kettering and Market Harborough?
Grant Shapps
The good news is that that is starting very soon. I made reference to work starting by Christmas and I think—this is subject to my checking—that it is actually the Kettering section that will be starting. I know that my hon. Friend’s area has already benefited from rail electrification to the south, and this brings it to the north as well.
Andrew Gwynne (Denton and Reddish) (Lab)
So in this downgraded plan, the Secretary of State has announced a high-speed line between Liverpool, Warrington, Manchester and the western boundary of Yorkshire. Just what we needed: a Mancunian express to Saddleworth moor. We do not need a study in how to get trains to Leeds. Just build what was promised: the full Northern Powerhouse Rail. That is all we need.
Grant Shapps
Yes, of course, every Government could simply say, “Why don’t we just do this? Why don’t we do that? Why don’t we do the other?” However, eventually, it has to be paid for. More importantly, we want to see it in the lifetime of our constituents now, not in some never-never land in the 2040s. We want to see these advantages delivered. The hon. Gentleman makes the important point about why, as he rightly says, we are doing high-speed rail to Marsden, in the west of Yorkshire. The answer is, as I am sure he knows, because that is where the congestion is, coming out of Manchester; that is where the trains are getting stuck because there are not sufficient paths. This will resolve that problem and give us a 33-minute Manchester to Leeds journey, which I would have thought he would be welcoming for his constituents.
Edward Timpson (Eddisbury) (Con)
Residents just north of Crewe in my Eddisbury constituency, and particularly those in and around Wimboldsley, have consistently raised a number of specific concerns about the proposed route through their area—namely in respect of salt and brine subsidence, the location of the HS2 railyard, and the impact on and possible viability of the excellent local primary school. My hon. Friend the HS2 Minister has kindly agreed to meet those residents, but will my right hon. Friend look again at the substantial evidence they have accumulated, so that it can be taken into consideration for any future proposals and he can perhaps come up with a better alternative plan?
Grant Shapps
My hon. Friend is absolutely right. The design refinement consultation is under way and will address many of his ongoing concerns, and he is meeting my hon. Friend the HS2 Minister.
Chi Onwurah (Newcastle upon Tyne Central) (Lab)
It is not rocket science: the road to levelling up, however we define it, goes by rail. That is the only way the north can achieve the level of economic integration necessary to deliver the high-pay, high-productivity jobs that my constituents deserve. Will the Secretary of State confirm that this watered-down, broken-promise plan, made in Whitehall, not the north, means that every single Tory MP with a seat in the north-east will go into the next election on a platform of “We did you over last time; please let us do you over again”?
Grant Shapps
No, they will go in on the platform of saying that we have reduced journey times, provided more seats and increased capacity and reliability. For example, Newcastle to Peterborough is a big winner, with 21 minutes cut off the train journey to London. I do not know about my hon. Friends, but I think they will have plenty to say.
Alexander Stafford (Rother Valley) (Con)
On behalf of the people of Rother Valley, I thank the Government for getting rid of the eastern leg of the 2b arm. It was a damaging and destructive thing for South Yorkshire that would have given us no benefits. Will the Secretary of State confirm that, now that we have scrapped that ridiculously expensive project, we are going to invest the money into the projects we actually need, such as better regional buses, better regional transport and better trans-Pennine links?
Grant Shapps
We are absolutely cognisant of the fact that we can spend the money only once and want to make sure that it benefits as many people as possible, and we are doing exactly that. I have said to the House, we are still going to spend time, energy and money on the best way to get HS2 trains to Leeds, but without some of the disruption that my hon. Friend described.
Alex Sobel (Leeds North West) (Lab/Co-op)
I invite the Secretary of State to travel with me the 46 miles from Otley in my constituency to Manchester Piccadilly at peak time. He will then see the twin challenges of connectivity and capacity. First, if the bus turns up in Otley it then takes more than an hour to get to Leeds train station, and there is then the challenge of actually getting on the train to Manchester, because it is full. That is why we need, first, Northern Powerhouse Rail in full, because we need additional capacity, and secondly, £3 billion for a full mass transit system for West Yorkshire to be not just promised but delivered into the coffers of the West Yorkshire Combined Authority.
Grant Shapps
The good news is that there will be much-improved frequency of trains from Leeds to Manchester—it looks like around three trains an hour will become seven or eight trains an hour under the plan. The hon. Gentleman will thereby get a lot of good things, including a reduction in the capacity restrictions that are the major cause of problems. That also answers the question asked by the hon. Member for Denton and Reddish (Andrew Gwynne) a few moments ago about why we need that link from Manchester out to West Yorkshire.
Jack Brereton (Stoke-on-Trent South) (Con)
I very much welcome what has been announced today. If we are truly to level up opportunities in Stoke-on-Trent, we must address the issues of capacity on the local network, and particularly release the full benefits of HS2 and the fantastic restoring your railway fund projects we have been working on. Will my right hon. Friend agree to look at the capacity enhancements that we want to see on the local network in and around Stoke-on-Trent?
Grant Shapps
Stoke-on-Trent is, as ever, brilliantly represented by my hon. Friend. He will get HS2 trains into the centre of Stoke, and we will work closely with him to ensure that that benefits his constituents in every possible way.
Greg Smith (Buckingham) (Con)
The strengthening of regional rail is the right thing to do and my right hon. Friend has my support in that respect; however, given that the original HS2 business case was ropey at best, will my right hon. Friend set out what the loss of a leg does to the overall business case? Surely, the right thing to do is to scrap it altogether, save more than £100usb billion and put that into more of the regional schemes.
Grant Shapps
My hon. Friend should tell that to the 2 miles of tunnel that has already been dug for HS2. I know he has not been the HS2 plan’s firmest supporter, but at this stage, with 20,000 people and hundreds of apprenticeships working with HS2, I think that train has probably left the station.
Robert Largan (High Peak) (Con)
I welcome the £96 billion, which represents the largest investment in northern railways since Victoria sat on the throne.
High Peak sits between the two great cities of Manchester and Sheffield, which are just 30 miles apart but have some of the worst transport links anywhere in the country. I therefore welcome the Government’s commitment to tackle the issue with, first, the Mottram bypass and Glossop spur road, and secondly, the upgrade to the Hope Valley line, which I am pleased to see is included in the integrated rail plan. Will the Secretary of State agree to work with me and meet me so that we can ensure that not only Manchester and Sheffield but passengers from places such as New Mills, Chinley, Edale, Hope and Bamford benefit from that upgrade?
Grant Shapps
My hon. Friend has been a doughty campaigner for his constituents and, as he says, work on the Hope Valley line is under way, as confirmed in the programme announced today. I am sure that it will bring the wider benefits that my hon. Friend’s constituents so desperately want.
Mr Richard Holden (North West Durham) (Con)
By anyone’s standards, £96 billion is a major investment. Will the Secretary of State outline the improvements and timetable for services from Durham and Darlington to London and to the great cities of the north? The key thing for communities such as North West Durham, where we currently have no train lines at all, is connectivity, so will the Secretary of State assure me and the other north-east MPs who have already spoken that he and the DFT will continue to look at and work with us on connectivity for our constituencies?
Grant Shapps
My hon. Friend will be pleased to know that Darlington is a big winner out of this package. The improved journey times and reliability from places such as Durham because of the east coast main line upgrades will make a big difference. I know that my hon. Friend is already making significant progress on his restoring your railway bids, because he has recently had success on that front.
Dr Kieran Mullan (Crewe and Nantwich) (Con)
HS2 is going to be transformative for my Crewe and Nantwich seat, bringing jobs and investment, so I am delighted that the Government have today committed to the Crewe-Manchester leg, which will bring journey times to the airport down to 15 minutes and journey times into Manchester itself down to less than half an hour, as well as, of course, freeing up the existing route. In respect of the leg from Birmingham to Crewe, I saw how important the passing of legislation was to unlock business confidence and investment, so will the Secretary of State outline when we can expect legislation on the Crewe to Manchester leg to pass into law?
Grant Shapps
The House will be considering a hybrid Bill for the Crewe to Manchester section, which is reconfirmed by the integrated rail plan announced today. The legislation will be introduced early next year, so it is all systems go.
Craig Tracey (North Warwickshire) (Con)
It is really difficult for me to share the optimism about today’s announcement, because it is very disappointing to hear that HS2 phase 2b will not be scrapped in full. I know that my constituents will share that disappointment. We are the most affected constituency, with phase 1 and now phase 2b, yet we are not seeing any of the perceived benefits and are already seeing families, communities and businesses in areas such as Coleshill and Water Orton devastated. Now that is going to carry on for many years to come. Will the Secretary of State confirm what reassessment is being made of the already fragile HS2 business case, particularly now that it will not extend fully to the north in the foreseeable future? What benefits does he think today’s wider announcement will bring for my constituents?
Grant Shapps
My hon. Friend quite rightly and properly highlights the challenges; any major building project can have big impacts on his constituents and others, and that can be too easily forgotten in debates in the House. I know that the individual business cases on the different phases of HS2 are being taken forward. The HS2 Minister has already visited my hon. Friend, and I recommit today to making sure that we do everything possible with him to best represent his constituents, because I appreciate that HS2 does not benefit an area just because it cuts through it.
Chris Green (Bolton West) (Con)
I welcome the integrated rail plan and the wider electrification project that the Government are pursuing—including the link between Bolton and Wigan—but my constituents, whether going from Horwich Parkway or Hag Fold into Manchester, have concerns about reliability because of a bottleneck in Manchester. What will my right hon. Friend do to ensure that Manchester improves its reliability, capacity and connectivity?
Grant Shapps
The Manchester recovery taskforce, mentioned on page 104 of the integrated rail plan, is working on that very knotty problem of what happens in the corridor as we come through and out of Manchester. It is one thing that this plan seeks to resolve, and it will help my hon. Friend’s constituents in Bolton to get that electrification, particularly between Wigan and Bolton, sorted out as well. There is a lot in here for him to digest and I look forward to my next visit.
Bob Seely (Isle of Wight) (Con)
I congratulate the Secretary of State and his excellent team on this far more sensible approach. However, may I respectfully suggest that the lesson from the HS2 debacle—it is not so much a turkey as a turkey mixed with a white elephant—is that never again must a politician’s vanity project, and a New Labour one at that, be allowed to gather a head of steam? Secondly, is he sure that the £40 billion on the Birmingham to Crewe route is the best use of public money, when there would be far more support in this House for properly funding all the northern powerhouse? Thirdly, may I gently remind him that the Wessex routes are the most underfunded and overused in Britain?
Grant Shapps
I was wondering how the Isle of Wight might benefit from HS2. Of course it will when my hon. Friend’s constituents cross to the mainland and want to travel north. With regard to Birmingham to Crewe, it has already been legislated for, and it received support from across the House. I do not think that we want to spend too much time going back into an argument about that on a day when we are looking at joining-up plans for the north and the midlands, much as I could be enticed.
Madam Deputy Speaker (Dame Rosie Winterton)
I thank the Secretary of State for his statement. I have a quick reminder: by and large, the idea is to ask one question as opposed to three in one.
Business of the House
(2 years, 5 months ago)
Commons ChamberRead Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
The Leader of the House of Commons (Mr Jacob Rees-Mogg)
The business for the week commencing 22 November will include:
Monday 22 November—Remaining stages of the Health and Care Bill (Day 1).
Tuesday 23 November—Remaining stages of the Health and Care Bill (Day 2).
Wednesday 24 November—Second Reading of the Commercial Rent (Coronavirus) Bill, followed by a motion to approve a statutory instrument relating to terrorism.
Thursday 25 November—General debate on freedom of religion or belief: 40th anniversary of the declaration on the elimination of religious intolerance, followed by a debate on a motion on alcohol harm. The subjects for these debates were determined by the Backbench Business Committee.
Friday 26 November—Private Members’ Bills.
Mr Rees-Mogg
The provisional business for the week commencing 29 November will include:
Monday 29 November—Second Reading of the Leasehold Reform (Ground Rent) Bill [HL], followed by a motion to approve a Ways and Means resolution relating to the Animals (Penalty Notices) Bill, followed by a motion to approve a money resolution relating to the Approved Premises (Substance Testing) Bill.
Tuesday 30 November—Opposition day (9th allotted day). There will be a debate on a motion in the name of the Scottish National party, subject to be announced.
Wednesday 1 December—Consideration in Committee of the Finance (No.2) Bill.
Thursday 2 December—Business to be determined by the Backbench Business Committee.
Friday 3rd December—Private Members’ Bills.
Thangam Debbonaire (Bristol West) (Lab)
I thank the Leader of the House for the forthcoming business and also his colleague, the hon. Member for Wellingborough (Mr Bone), for his various cries. I look forward to seeing him on a Friday.
Today is Equal Pay Day, but it is not a day for celebration. Today, 10 million women in the UK now face working their entire careers without seeing equal pay. This is up from 8.5 million just a year ago. Can the Secretary of State for Women and Equalities or the Work and Pensions Secretary, or both, come to this House and explain why, under this Government, we are going so far backwards and what they will do about it?
What a week! The Leader of the House and I have seen rather a lot of each other across the Dispatch Boxes, and we have also seen the true extent of the Government’s blasé attitude towards corruption. The Prime Minister’s letter, which I believe was sent to Mr Speaker on Tuesday, said that banning MPs from taking roles as paid political consultants or lobbyists would stop them from, “exploiting their positions”. But this Government seem to be saying one thing one day, and then doing entirely another the next—making rules to break them, and facing no consequences for their egregious actions. They could have voted yesterday for our motion, which would have guaranteed—guaranteed—this House a vote on strengthening standards and in a timetable, but instead they chose to support a wrecking amendment, with no clear timetable and no guaranteed vote, and that could see as few as just 10 Conservative MPs affected. Does the Leader of the House agree that such partisanship and what appears to be naked self-interest should never override upholding the principles of public life?
While we are on the Prime Minister and the subject of standards, news outlets are reporting—I do not know whether this has been confirmed—that he said that he had “crashed” the Government car into a “ditch” as a result of the advice that the right hon. Gentleman said, I think, that he gave to the Prime Minister over the affair of the former MP for North Shropshire. Can we have a debate in Government time on dangerous driving and whether that should take place on the Estate?
It is not just on the subject of standards where the Government show nothing but contempt for this House. I am afraid to say that I have raised numerous times with the right hon. Gentleman that Members are still not receiving timely, or in some cases any, replies to letters, written questions or calls to MP hotlines. I know that the Leader of the House shares my concern, so could he take it up again, please?
I am afraid that, at the last business questions, the Leader of the House stated that my hon. Friend the Member for Manchester, Gorton (Afzal Khan) had received a response to his letter to the Prime Minister sent more than a year ago on Islamophobia. I am sure that the Leader of the House did not intend to make this mistake, but, unfortunately, it seems from what I am told that the response that he referred to was from the Conservative party chair, not the Prime Minister, and related to a completely different letter. I would be grateful if the Leader of the House could correct this and clarify. My hon. Friend has now written to the Prime Minister again, so can he also ensure that the Prime Minister finally replies to this letter before the end of this year’s Islamophobia Month?
The shadow Secretary of State for International Development, my hon. Friend the Member for Birmingham, Edgbaston (Preet Kaur Gill), asked a named day question all the way back in September on the amount of covid-19 vaccines that had reached their expiry date. This week, it was publicly announced that around 600,000 doses were thrown away in August, but my hon. Friend has still not received a substantive response to her question, which is so critical for our global response to covid. Will the Leader of the House take this back to his Cabinet colleagues and impress on them once again their responsibilities to this House?
This is not my specialist subject, but the annual fisheries negotiations are due to conclude shortly, which is important in ensuring that we reach a good deal for British fishing. I ask the Leader of the House to allocate Government time to debate this, before the December fisheries council?
On behalf of the very many staff who have asked to be able to plan for next year, especially after this past year, will the Leader of the House please give us the recess dates for 2022 next week? They have a right to know those dates, as they have to plan around us and they need to be able to book that holiday to be with their family.
Finally, this week, Azeem Rafiq has given us distressing, but, unfortunately for many of us, not surprising evidence to the Digital, Culture, Media and Sport Committee about his experience of racism—in this case in cricket. It is abundantly clear that there has been an acute failure of leadership—in his case, at club and national level—and that, sadly, this is part of a more widespread problem. There should be no place for racism in sport, in this House, or anywhere in our society. Will the Leader of the House ask the Prime Minister to make sure that the Independent Commission for Equity in Cricket’s inquiry into racism in cricket is taken seriously, and that it cannot be swept under the rug, as it has been so many times before?
Mr Rees-Mogg
I am grateful to the hon. Lady for her questions. May I begin with the issue of cricket? As somebody who has followed cricket since his childhood, I think I can say that this is a matter of shame to all cricket lovers. I look back to when I followed Somerset county cricket in the late ‘70s and early ‘80s when we had the most wonderful players from the West Indies—Joel Garner and Viv Richards particularly, but there were others, too. They were so inspirational, and encouraged excitement in cricket and made everyone in Somerset feel that they were part of our county and huge contributors to it. I am afraid that what has been going on in Yorkshire fills many cricket lovers with sadness. The England and Wales Cricket Board has a strong responsibility to ensure that this is stamped out and dealt with much more thoroughly than it has been so far.
The hon. Lady started by asking about equality. It is worth pointing out that the Government have pushed very hard to ensure that women get the opportunities that they deserve: there is a higher percentage of women on FTSE 350 company boards than ever before, and we have introduced shared parental leave and pay, and doubled free childcare for eligible parents, to help to ensure that women in the workplace have as strong a position as possible. Those policy principles and precepts will be kept to.
The hon. Lady then came to some more controversial matters and talked about partisanship. Well, I have a word or two to say about partisanship, because yesterday the Leader of the Opposition had to apologise to the House and withdraw a word that he had used, which today the same man has tweeted about the Prime Minister. That is not only extraordinarily partisan, but it is enormously disrespectful to this House and to Mr Speaker. To have to withdraw a word in this House, and then scuttle out like a beetle and tweet it, is utterly disrespectful to the House and is not the sort of cross-party leadership that one might expect.
The right hon. and learned Gentleman the Leader of the Opposition then went further and tweeted inaccurately about his own motion yesterday, so perhaps he did not even know what he had put his name to. That is partisanship, whereas the Conservative Government have been trying to put things right by ensuring that by 31 January—a clear deadline, in spite of what the hon. Lady said—the Committee on Standards can report, and can do so in a way that makes it clear how the rules can be improved following the 2018 report of the Committee on Standards in Public Life, led by the noble Lord Bew. We are the ones who are trying our best to be cross-party against a barrage of partisanship, and we are trying to ensure the highest possible standards.
As regards the letter mentioned by the hon. Lady, my understanding is that the party Chairman was replying on behalf of my right hon. Friend the Prime Minister, but I will obviously look into that, check and respond.
Fishing negotiations are an important matter for the House, but I am sure that the Backbench Business Committee can look into finding time for that important debate.
Finally, the shadow Leader of the House wants to go on her holidays. I quite understand that it is a very important matter, although I think that some Labour MPs may have been on their holidays already this week because the Finance Bill, which can go until any hour and sets out the major principles of legislation from the Budget—one of the most important things that the Government do—fell short. It finished early! Where were all the socialists keen to make their arguments about how the finances of the nation should be guided? It does not surprise me that the hon. Lady, and her hon. and right hon. Friends, are keen to book their holidays, but to facilitate them I will bring forward recess dates in the normal way.
Bob Blackman (Harrow East) (Con)
Last Sunday, this country quite rightly paused to reflect, and to honour those men and women who risked or gave their lives in world wars and other conflicts. It is less well known that this Sunday we come together at the Cenotaph to honour the Association of Jewish Ex-Servicemen and Women, with a parade where veterans and children of veterans honour those who risked or gave their lives. Could we have a debate in Government time on all the other people who gave or risked their lives so that this country and Parliament could be free?
Mr Rees-Mogg
I am grateful to my hon. Friend for bringing this matter to my attention, because I did not know that the Association of Jewish Ex-Servicemen and Women had a parade on the week after Armistice Sunday. I congratulate him on bringing that to the attention of the House. I also congratulate the association on its work and on the commemoration to recognise one’s gratitude to the veterans from the Jewish community who served in Her Majesty’s forces—or His Majesty’s forces, as they then often were—and to ensure that their contribution, along with the contribution of others, is not forgotten. It may be difficult to facilitate a debate immediately, but remembrance should be discussed in this House.
Pete Wishart (Perth and North Perthshire) (SNP)
May I start by congratulating the Leader of the House? I congratulate him on actually still being here. I mean, he has defied every single rule and principle of political gravity by ensuring that this disastrous period of sleaze now goes into its third week. But at least he has had the good grace to concede that it was all his fault and that it was he who encouraged the Prime Minister to pursue this disastrous action. It might have been the Prime Minister who crashed the car into the ditch, but it was the Leader of the House who provided the directions.
When the history books are written on this sorry saga and detail how this rotten Government lost their momentum, their lead and their authority, there will be a chapter that starts, “And Jacob Rees-Mogg rose to his feet to oppose the report from the Committee on Standards.” To still be here after all this, the Leader of the House must know where the top hats are buried. We need at least two days of debate on all the issues around Government sleaze and corruption, and we need to see the Prime Minister leading those debates. The Leader of the House has ensured that this is the issue that is consuming the public, so I am almost certain that he agrees that we must now satisfy that public demand.
We definitely need a debate about the House of Lords, because there are huge public concerns about how people get a place in it. The Prime Minister yesterday all but conceded that donors are given a place in the House of Lords for their contributions when he said to my hon. Friend the Member for Na h-Eileanan an Iar (Angus Brendan MacNeil),
“Until you get rid of the system by which the trades union barons fund other parties”,
we have to go ahead—conceding that money buys people a place in the legislature that allows them to define, determine and amend the laws of this country.
Lastly, may I thank the Leader of the House for advancing the cause of Scottish independence in the most dramatic, compelling and convincing way possible?
Mr Rees-Mogg
One could never accuse the hon. Gentleman of being knowingly understated. We have had “disaster”, “sorry saga”, “rotten”, “sleaze”, “corruption”, “huge public concern” and “dramatic” all in about a minute. I do wonder whether he is capable of lowering the tone even further than he normally does, or of lowering the temperature and raising the tone at the same point.
It is so absurdly overstated; we have spent quite enough time discussing ourselves in this House in the last 10 days or so. For example, I return to the Finance Bill. It is a bit of a concern that when we have a debate that could go to any hour on something that affects the livelihoods of every single one of our constituents, the Opposition are too idle to turn up, but when we are talking about ourselves, they want even more time to focus a little bit more on our own concerns. On the idea that there is this huge public concern about the House of Lords, well, the hon. Gentleman must move in very different circles from those in North East Somerset, because the number of letters that I receive on House of Lords reform can be counted in single digits most years.
Mr Ian Liddell-Grainger (Bridgwater and West Somerset) (Con)
My right hon. Friend and I are great advocates of the power of the people, because the voice of the people is the voice of God. I say to him—because we both come from the heart of what made Britain as we now know it—that we need elections in Somerset. There is discussion that the local authority now wants all elections put back to 2023, which would be six years since we have had an election in the county that we both love. That is not acceptable. There are severe concerns from all political parties, including my own, that this should not happen again. It is not good for democracy. Gag the people, they will come back at us. Therefore, I ask for time in this place to debate the ability to have elections when we should be having them, because, as I said before, the voice of the people is the voice of God.
Mr Rees-Mogg
Vox populi, vox Dei, as my hon. Friend says. It is obviously important that there should be local accountability and elections, but sometimes when there is significant upheaval in local government, elections are postponed until the new body has settled down. It is all a question of getting the balance right.
Ian Mearns (Gateshead) (Lab)
I apologise to Members for missing these proceedings for the two weeks prior to the recess, but I am afraid to say that three weeks ago today I tested positive for covid. I can honestly say to Members across the House that it is still worth taking precautions because, despite being double-vaccinated, I had some rather unpleasant symptoms and it is best avoided.
I thank the Leader of the House for announcing the business, notifying Members of Backbench business on 25 November and notifying us of an allocation of time on 2 December. I hope that we will be able to bring forward two important debates on that date. What we have provisionally pencilled in at the moment are debates on the territorial integrity of Bosnia and Herzegovina and the Dayton peace accord, and economic crime. I hope we can bring those forward. I hope that before Christmas I could have a meeting with the Leader of the House to make sure that we are up to date with our time allocation from the Backbench Business Committee’s perspective.
Mr Rees-Mogg
May I say how glad I am to see the hon. Gentleman back in his place? I thank him for his courtesy in letting my office know that he was not going to be here in previous weeks, and I hope he is fully restored to good health. I am grateful to him for announcing the Backbench business that will be forthcoming, and of course I look forward to having a meeting with him at a time of his convenience.
Andrew Selous (South West Bedfordshire) (Con)
May we have an urgent debate on the provision of increased general practice capacity when thousands of new homes are built? This should happen with as much certainty as the sun rising in the east every morning. We really can do better and we need to do so urgently.
Mr Rees-Mogg
I am grateful to my hon. Friend for raising this point, because I think all of us as constituency MPs have come across it when there have been developments in our area. Trying to bring various bodies together to make sure that that is considered is important and something that MPs rightly get involved with. We obviously need more home ownership and we need to build the houses for it, but we need to make sure that the infrastructure is put in place as well. This often, in many ways, becomes a matter of local politics, when it is important to address it at the local level, but I will pass on my hon. Friend’s concerns to the Secretary of State.
Chris Elmore (Ogmore) (Lab)
I am aware that my hon. Friend the Member for Newport East (Jessica Morden) raised this with the Leader of the House two weeks ago. I have many constituents appealing to me for help about access to their state pensions. They were advised as early as July of this year, with impending retirements in November, to apply for their pensions. They still have not received confirmation of what state pension they are receiving or indeed when they will receive it. I now have three constituents who tell me that they cannot retire at the end of the month because they have no idea what their incomes will be. I know that the Leader of the House has raised this previously, but I would be exceptionally grateful if he could arrange for a Department for Work and Pensions Minister to come to the Floor of the House to make a statement, or for a written statement from the Secretary of State, to resolve the issue. We cannot have pensioners not having access to what is rightfully theirs.
Mr Rees-Mogg
I am grateful to the hon. Gentleman for raising this issue again. It has been a problem for some of my own constituents too, and I have therefore raised it at a constituency level as well as on behalf of the House. As I have said before, one of the very useful purposes of this session is that, if there is a general problem that gets raised by several hon. and right hon. Members, that gives me the opportunity to take it up. The DWP had hoped that the problem would be sorted by now, but I am hearing that it is not. I will therefore take it up with the DWP again and try to provide more information for the House on what progress is being made.
Danny Kruger (Devizes) (Con)
As chair of the all-party parliamentary group on prescribed drug dependence, I pay tribute to Dr Anne Guy, Dr James Davies and Luke Montague for their support for this really important work. Dr Davies recently published research showing that the NHS spends £500 million a year on unnecessary and habit-forming drugs, mostly antidepressants, that people should not be on any more. Does my right hon. Friend agree that this really needs attention, and will he find time for a debate on the over-prescription of habit-forming drugs?
Mr Rees-Mogg
This is a matter of considerable concern and my hon. Friend is right to raise it in this House. On 22 September the Government published “Good for you, good for us, good for everybody”, a review of over-prescribing commissioned by the Secretary of State and conducted by the chief pharmaceutical officer for England, Dr Keith Ridge, that sets out action to reduce patient harm by reducing unnecessary prescribing. A three-year national over-prescribing programme is being established to lead on implementation of the 20 recommendations in the review. A new national clinical director for prescribing, one of the review’s key recommendations, is currently being recruited to drive cross-system implementation and provide the clinical leadership for the programme. So I can reassure my hon. Friend that things are happening. As regards a debate, the Chairman of the Backbench Business Committee is paying close attention to our proceedings, and I direct my hon. Friend in that direction in the first instance.
Catherine West (Hornsey and Wood Green) (Lab)
May I associate myself with the words of the shadow Leader of the House and the Leader of the House relating to racism in cricket? Particularly with the Ashes almost upon us, we will be mindful of that debate as we go into watching much more cricket in the coming weeks.
I also want to ask about GP provision. Our GPs locally have an 81% approval rate. Many people say that they love their GP but they simply cannot reach the surgery. Could we have a debate, perhaps in Government time, that looks at the capital spend that is needed for telephony so that people can get through more quickly with their inquiries?
Mr Rees-Mogg
The hon. Lady raises an important point that I think all of us are coming across as constituency MPs—access to GPs, face to face, on the telephone, or on Zoom or similar services. This has been difficult for GPs, who have a huge burden to carry at the moment with the extra demand that has come up post covid. The Government have provided £250 million of taxpayers’ money in the winter access fund to improve the capacity of GP practices, but the hon. Lady’s specific point on telephony is important and I will pass it on to the Secretary of State.
Mr Peter Bone (Wellingborough) (Con)
Each week thousands of economic migrants come to this country illegally by crossing the channel from France. Now we know that migrants landing on the Kent coast will be taken to Wellingborough, put in a four-star hotel and given free board, free food and free medical care. There might be many reasons why people want to flee France, but adding the pull factor of coming to Wellingborough—one of the finest and friendliest towns in the country—is absurd. Will the Leader of the House arrange for a debate in Government time where the Government can lay out their position that in future economic migrants will be arriving not in the town of Wellingborough but in a town in Albania?
Mr Rees-Mogg
I think the reason everyone wants to go to Wellingborough is that they will be so well represented by the Member of Parliament for that distinguished constituency, who will take up their cases for them regardless of their immigration status. However, I can give my hon. Friend some comfort because the Nationality and Borders Bill, which is currently passing through Parliament, will give us much greater power to ensure that illegal asylum claims are dealt with efficiently and effectively, but also that people who have valid asylum claims that they declare legally early on will be treated in the properly sympathetic way that this country has a proud record of doing.
Gavin Newlands (Paisley and Renfrewshire North) (SNP)
My constituent downsized in preparation for retirement and was left with a £76,000 surplus that he added to his personal pension, which is what this Government would advise him to do. In doing so, he wrote to Her Majesty’s Revenue and Customs stating that he wanted to claim tax relief for this one-off contribution. The letter was received, yet ignored. Despite HMRC admitting that it incorrectly changed his tax code, and a call handler admitting that HMRC had made a big mistake, it continued to harass my constituent, adding interest on a monthly basis and causing great anxiety. Can we have a debate on why HMRC continues to hold the public accountable for its own mistakes?
Mr Rees-Mogg
As I have said to the hon. Gentleman previously, I am more than happy to take up individual constituent cases where proper answers have not already come through. My experience from my constituents has always been that HMRC has been one of the more efficient Government bodies in answering correspondence that I have had. I am therefore sorry that he has not had a good reply and very sorry to hear about his constituent’s contribution of £76,000 to his pension not being handled correctly. If the hon. Gentleman will send my office more details, I will take it up with HMRC very shortly.
Edward Timpson (Eddisbury) (Con)
Good dental health is so important, but residents in Winsford in my constituency are finding it extremely difficult to access dentist services, leading, unfortunately, to some serious misdiagnoses, despite my having written to Ministers, to NHS England and to the Care Quality Commission. Will my right hon. Friend find Government time to sink the Health Department’s teeth into a debate on NHS dentistry so that we can better understand what is stopping my constituents from being able to access dentistry services when they need them?
Mr Rees-Mogg
My hon. Friend is making me think of Jaws from the James Bond films and what might happen if teeth are stuck in, or those children who have railway tracks put on their teeth to straighten them up. His question is very important. The pandemic has had a significant effect on dentistry, and we continue to work on recovering NHS dental services. We are addressing regional shortages of dentists by working with the NHS to try to ensure that training place numbers are better aligned with the needs of local populations. NHS England and NHS Improvement are developing proposals for dental system reform, working closely with the Department of Health and Social Care and other interested parties. I think this is being chewed over. There is some mastication going on, and I hope that we will not all become indentured servants.
Liam Byrne (Birmingham, Hodge Hill) (Lab)
We have made a degree of progress this week on taking unfortunate money out of politics. Now we need to take the next step and clean up the laundromat of British political party funding. In the wake of the Intelligence and Security Committee report on Russia last year, will the Lord President confirm that no British political party should be taking cash from suspicious fortunes made in Russia and Uzbekistan? Can we have a debate in Government time as soon as possible to crystallise a cross-party consensus on this critical topic?
Mr Rees-Mogg
There are very clear rules on how money may be taken by political parties, and all the political parties have a strong obligation to abide by them and to ensure that money is declared properly to the Electoral Commission. Ultimately, there will be a choice: whether we wish to have parties funded privately or to put a greater burden on the taxpayer. I would be very reluctant to put any further burdens on taxpayers; they have to bear enough already. I might even remind the right hon. Gentleman of a comment he made some years ago about the shortage of funds.
Robert Largan (High Peak) (Con)
Can we have a debate on insurance premiums for emergency vehicle drivers? At present, if the driver of a fire engine, ambulance or police car is involved in a collision in a blue-light situation, they are hit by increased insurance premiums. It would seem unfair that some of the most skilled drivers in the country, who are very safe in their normal private driving life, are being hit with extra costs for their personal car for putting themselves at risk for public safety.
Mr Rees-Mogg
My hon. Friend raises a point of which many of us in this House were unaware. I see the difficulty that there is for blue-light drivers, who are likely to be trained to a very high standard. Insurers are responsible for setting the terms and conditions of the policies they offer, and it is for them to decide the level of risk they take in issuing any policy to a given applicant. The insurance companies have very large volumes of data from which to estimate their premiums. That makes the setting of premiums a commercial decision for individual insurers based on their underwriting experience, and it is not one where the Government seek to intervene, but my hon. Friend has done a service in bringing this matter to the House’s attention.
John Cryer (Leyton and Wanstead) (Lab)
Like the Leader of the House, I was not aware that the Sunday after Remembrance Sunday—this Sunday—there is a planned march by the Association of Jewish Ex-Servicemen and Women, until it was raised by the hon. Member for Harrow East (Bob Blackman). I feel it was a bit remiss of me not knowing that. Considering what seems to be a sharp rise in antisemitism, not just in Britain, but across Europe and elsewhere, should we not look at having a full debate in Government time on the contribution of AJEX to British history, where we could also pay tribute to associated organisations, such as the 43 Group, which crushed the Blackshirts in the late 1940s?
Mr Rees-Mogg
The hon. Gentleman makes an important point. We have in some years had a debate around Armistice Day, where it has been possible to record the contribution of a range of people who have been involved in keeping the country safe and free. I am afraid that in normal circumstances, this is more a matter for the Backbench Business Committee than the Government, but his appeal is very wise.
Shaun Bailey (West Bromwich West) (Con)
The rot in the Labour administration in Sandwell is continuing to pervade. Last month, we saw the botched attempt by the council to close a care home in Tipton. Then we saw the moonlight flit on Tuesday of the leader of the Labour party in Sandwell, and now we have the disgraceful edict from the politburo—sorry, I mean the cabinet of Sandwell Council that if council tenants disagree with the council, they risk eviction from their home. I am sure my right hon. Friend agrees that this is a disgraceful situation. Can we have a debate in Government time about the shambles that is the Labour administration in Sandwell Council? The Opposition promised to deal with it. They have failed. Perhaps it is time for us to do something about it.
Mr Rees-Mogg
I am appalled by what my hon. Friend tells me. It is a very important point, and it is not the first time that the failings of Labour in Sandwell have been raised in this House. There is something rotten at the heart of many socialist councils. I noticed his slip in referring to the politburo, because there is sometimes a feeling of absolute control. The issue he raises today about limiting freedom of speech is particularly troubling. Politicians must expect challenge and for people to disagree with them and to push hard and argue their points. To try to put in a council contract that someone has to be polite or not say rude things about the council sounds like the sort of thing that happens in totalitarian communist states and not in the United Kingdom. I will pass on my hon. Friend’s concerns to my right hon. Friend the Secretary of State.
Wera Hobhouse (Bath) (LD)
Talking about local councils, the Leader of the House is my constituency neighbour and we share the same local authority, Bath and North East Somerset Council. There have been some worrying trends of deliberate misinformation about some decisions in our local area. When politicians’ reputations are at all time low, it is important that we make sure we improve that. Indeed, earlier he deplored some misleading tweets. Will he therefore confirm that the spreading of misinformation has no place in today’s politics?
Mr Rees-Mogg
What the hon. Lady says is obviously right—information should be accurate—but there is sometimes not a clear dividing line between what is information and what is opinion. One should never use the piety of saying, “That is misinformation”, when one merely disagrees with an opinion.
Jessica Morden (Newport East) (Lab)
Can I raise another general problem with the Leader of the House, which is that of constituents who have switched from energy suppliers that have collapsed, of which there are 21, as of today? They are facing long delays being set up with suppliers of last resort. They do not know how much their Bills will be, and they risk facing accumulating debt and missing out perhaps on the warm home discount, all through no fault of their own. Please can we have an opportunity to raise this problem with Ministers, as it is not going away?
Mr Rees-Mogg
The hon. Lady raises something that has been of concern. Steps have been taken to help people with energy bills, including contributing £140 to the energy bills of 2.2 million low-income households. I accept that there is uncertainty when energy suppliers go out of business and how that is handled. If she has any specific requests for information for constituents, I would be happy to help her to meet that.
Peter Grant (Glenrothes) (SNP)
I advise the Leader of the House that I was here on Tuesday for the Finance Bill. The debate was well subscribed on the SNP Benches. There was precisely one Back-Bench contribution from the Conservative party. I counted the contributions three times just to make sure I had not got it wrong. I will be speaking later this afternoon on the Critical Benchmarks (References and Administrators’ Liability) Bill. Can the Leader of the House explain why it is necessary to complete its entire passage through this House in a single day? Unusually, I do not think the total debate time of six hours is an issue, but the lack of a Public Bill Committee and of an opportunity to call expert witnesses are serious problems. At the moment, the House has not been told why the Bill has been timetabled in this way. Will the Leader of the House explain why, and say why the Government did not follow their usual practice of explaining their actions in the explanatory notes?
Mr Rees-Mogg
There has been a great deal of pre-legislative scrutiny of the Bill to ensure that it is widely understood and accepted. The Bill is technical in nature.
Not a single amendment has been tabled to the Bill today, which indicates that there is widespread consent across the House. The most open form of debate and scrutiny is a Committee of the whole House, where every Member is able to be involved. I am afraid I disagree with the hon. Gentleman; I think it is a sensible way to proceed with a piece of legislation that has been very thoroughly considered and that ensures that the technical operations of the City of London in relation to interest rates and critical benchmarks can go ahead properly.
Zarah Sultana (Coventry South) (Lab)
It has been reported that the Transport Secretary used public money to create a departmental team that lobbied against plans to build on airfield sites, including a gigafactory at Coventry airport. Disgracefully, that would mean he used public funds to lobby against green investment and jobs coming to Coventry. Why? Well, we know he is an aviation enthusiast. From a dodgy Transport Secretary to a dodgy Leader of the House, who last week tried to rewrite the rules to let his mate off the hook, this Conservative Government are rotten to the core. Is the Leader of the House proud of this shameful record?
Madam Deputy Speaker (Dame Eleanor Laing)
Order. I think perhaps the hon. Lady could think of a different form of words. I do not like “dodgy”. She can make clear that she disagrees with what has happened, but perhaps she could put it in different words.
Zarah Sultana
I do not think another word suffices for the levels of corruption that we are seeing from this Government, so I think that term suffices.
Madam Deputy Speaker
It does not quite suffice. I am asking the hon. Lady to moderate her language. It is absolutely in order to have disagreement here—that is why we are here—but we must moderate our language and be careful of the adjectives that are used about one Member by another. Perhaps the hon. Lady could just put it in slightly different words and just ask a straight question of the Lord President?
Zarah Sultana
Apologies, Madam Deputy Speaker, but I am confused, because I do not have any other words to put it in.
Madam Deputy Speaker
It would suffice for the moment if the hon. Lady would withdraw the word she used, namely “dodgy”.
Madam Deputy Speaker
Order. The hon. Lady misunderstands me. I am asking her to withdraw the word “dodgy”. I am giving her the opportunity to put her question in other words. If she does not want to take that opportunity, she does not have to do so. I am not stopping the hon. Lady making the point she wants to make or asking the Leader of the House the question she wants to ask, and indeed drawing to general attention the points she wishes to draw to general attention. I am asking her to use moderate language in doing so. Would she like to put her question in moderate language?
Zarah Sultana
I won’t withdraw those remarks, Madam Deputy Speaker.
[The hon. Member having been understood to have withdrawn her remarks—]
Madam Deputy Speaker
I thank the hon. Lady. I do not want to stop her asking the question. If she would like to ask a simple question of the Lord President of the Council, I am giving her the opportunity to do so. I do not ever wish to stop questions being asked or Government being held to account; I just want to make sure that language is moderated. Would she care to put her question?
Madam Deputy Speaker
Then I have given her the opportunity to do so. We will find another way of doing it.
Patricia Gibson (North Ayrshire and Arran) (SNP)
With soaring energy prices and the abandonment of the triple lock, Age UK has warned of older people’s not being able to afford to keep their homes adequately heated this winter. Will the Leader of the House make a statement on the winter fuel payment, which has been frozen since 2011, and whether he agrees that that support should be linked to the actual cost of energy in order to tackle preventable deaths, which are expected to rise this winter?
Mr Rees-Mogg
It may be helpful if I set out what the Government have done in this area. There is a £500 million household support fund so that local authorities can help those on the lowest incomes with their food and utility costs. The energy price cap is being maintained; £140 is being contributed to the energy bills of 2.2 million low-income households through the warm house discount; seasonal cold-weather payments of an extra £25 a week for up to 4 million people will be available during colder periods; the £300 winter fuel payment will go to recipients of the state pension; the increase in the local housing allowance in cash terms this year is worth an extra £600 on average to 1.5 million households and there is a £65 million package for vulnerable renters so that councils can support low-income earners in rent arrears, prevent homelessness and support families. There is a wide package of support to help people to keep their homes during the winter.
The triple lock, which the hon. Lady mentioned, was obviously distorted because of covid and the decline of earnings last year, followed by a significant bounce back this year, and it was entirely suitable and right to suspend it under those extraordinary circumstances. Last year, pensioners benefited; this year, obviously, it was the other way around.
Ellie Reeves (Lewisham West and Penge) (Lab)
Members on both sides of the House will be aware of the paltry amounts paid in royalties to musicians from streaming platforms. In contrast, the head of Universal Music is set to earn more than £150 million in 2021—more than songwriters and composers made from all UK music streaming, downloads and sales put together in 2019. The Leader of the House will know that my hon. Friend the Member for Cardiff West (Kevin Brennan) has a private Member’s Bill ready that would address the situation. Can he assure me that sufficient time will be found to allow for the passage of my hon. Friend’s Bill?
Mr Rees-Mogg
This is an issue that the Government take seriously, and it has been considered by my right hon. Friend the Secretary of State for Digital, Culture, Media and Sport. The Digital, Culture, Media and Sport Committee, of which the hon. Gentleman sponsoring the Bill, the hon. Member for Cardiff West (Kevin Brennan), is a member, launched an inquiry into the economics of music streaming, which heard from key actors in the music industry, including artists, record labels and streaming platforms.
The Committee’s report was published on 15 July and made several recommendations to the Government for a broad set of regulatory interventions, intended to address issues with artists’ streaming royalties, and including a performer’s right to equitable remuneration similar to that proposed in the Bill. However, the Committee’s report did not provide sufficient evidence to support legislative action. The impact of introducing a new equitable remuneration right would be significant, so, while the Government are not unsympathetic, more evidence is needed before any action can be taken.
Madam Deputy Speaker (Dame Eleanor Laing)
Before I call the hon. Member for Strangford (Jim Shannon), and while the hon. Member for Gateshead (Ian Mearns), the Chair of the Backbench Business Committee, is still in the Chamber, I draw the attention of the House to the fact that, in my capacity as Chairman of Ways and Means, overseeing matters in Westminster Hall, I have just been informed that the Backbench Business Committee has been unable to fill the slot available for Backbench Business debates on Tuesday 30 November. Yet I have sat here listening to people asking for debates and the Lord President rightly referring them to the hon. Member for Gateshead.
I feel it necessary to make this point—I hope it is heard more widely—that it would appear that Members are coming to the Chamber to ask the Leader of the House for a slot for a debate, but they are not at the same time applying to the hon. Member for Gateshead for a debate through the Backbench Business Committee. The Lord President has acknowledged the need for debates over the past 40 minutes; the Chairman of the Backbench Business Committee is sitting here noting all these requests for debates, and yet those Members have not applied to his Committee for slots. Something is wrong here. I feel it necessary to make that point; it would be a pity to lose the opportunity to do so, since I have just been informed of this slot on 30 November. The hon. Gentleman tells me, “Applications by tomorrow,” so if you want your debate, do not ask the Leader of the House—apply to the hon. Member for Gateshead.
Jim Shannon (Strangford) (DUP)
I have already had discussions with the Chair of the Backbench Business Committee and asked him about a debate, and I hope to submit that tomorrow.
Will the Leader of the House agree to arrange a statement on a total boycott of the winter Olympics in China in protest over human rights abuses against the Uyghur Muslims and other ethnic and religious belief minorities? This follows a call to the International Olympic Committee to move the 2022 winter Olympic games out of China. Such a statement would show a united front following a similar announcement from the United States of America on Tuesday stating that it will not send a diplomatic delegation to the 2022 winter Olympic games. A statement would be very helpful.
Mr Rees-Mogg
Madam Deputy Speaker, I am tempted to say that applications for debates do not go flooding in to the Backbench Business Committee because Members receive such full answers in these brief sessions, and therefore time is saved, although I see some shaking of heads among Opposition Members.
I am always grateful to the hon. Member for Strangford (Jim Shannon) for raising these points. He is such a strong campaigner for freedom of religion, and there is of course the debate next week on freedom of religion, following the 40th anniversary of the declaration on the elimination of religious intolerance. No decisions have been made about the UK Government’s attendance at the Peking winter Olympics in 2022. The attendance of athletes is a matter for the British Olympic Association and the British Paralympic Association.
Freedom of religion and belief is a fundamental human right, and the hon. Gentleman is right to raise it with me regularly at business questions. Her Majesty’s Government remain deeply concerned about the severity and scale of violations and abuses of freedom of religion or belief in many parts of the world, but particularly in communist China and against the Uyghur Muslims, as well as against the Tibetans—and the Catholics in China also do not have freedom, with Catholic priests being locked up on many occasions over the years. We have consistently led international efforts to hold China to account for its human rights violations, and we remain committed to the global effort to support the most vulnerable members of society irrespective of race, religion and ethnicity, but I am very glad that this is raised so forcefully in the House not just, but particularly, by the hon. Gentleman.
Critical Benchmarks (References and Administrators’ Liability) Bill [Lords] (Allocation of Time)
(2 years, 5 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Peter Grant (Glenrothes) (SNP)
I do not intend to oppose the motion. As I mentioned earlier, for once the time allocation of six hours is likely to be enough. However, I think the House deserves a better explanation than we got from the Leader of the House about why the Bill has been timetabled in this way. This will only be the fifth time this century that a Thursday has been used to ask the House to approve every single stage of a Bill in its passage through the Commons. The expedited procedure has its uses and there are times when it is entirely appropriate, but it does restrict the ability of MPs to give the Bill proper scrutiny. It should only be used in exceptional circumstances, and this House has the right to be told what those exceptional circumstances are without having to ask.
The Bill itself is not contentious, but the Minister will be aware—this will no doubt come out in the debate in a few minutes—that, on one specific matter relating to clause 2, there is a difference of opinion as to how best to achieve the objectives of the Bill. I do not know which of the two methods is best, which is why I have not submitted an amendment, but this would be tailor-made for a Public Bill Committee that gave Members a chance to hear from expert witnesses the arguments in favour and against both available methods. We could therefore take an informed decision about what is in the best interests of the financial services industry in these cases and, ultimately, of our constituents.
We have not been told why we have been asked to forgo the opportunity of a Public Bill Committee. It cannot be because the Bill addresses an urgent and previously unforeseen problem because it has been 10 weeks since the Bill had its First Reading in the House of Lords. It is four years since we first became aware that LIBOR would be phased out and we would have to find a replacement. Can I ask the Minister to explain why there is the urgency now? Why is there not time to timetable a Public Bill Committee and why did the Government not have the courtesy to follow their usual practice of putting an explanation about the urgency of the Bill into the explanatory notes, as they always have done in the past?
The Economic Secretary to the Treasury (John Glen)
I am grateful to the hon. Member for Glenrothes (Peter Grant) for the points he has made, and I recognise the relatively unusual procedure being adopted here. He was present during the passage of the Financial Services Act 2021. Indeed, he contacted my office last week for a briefing prior to this Bill, which I made available to him and Opposition Front Benchers earlier this week. I hope that, in the course of the Second Reading debate and the Committee of the whole House this afternoon, we will indeed give full scrutiny to these matters. They relate to some concerns that arose following the passage of the Financial Services Act earlier this year. As my right hon. Friend the Leader of the House mentioned in response to a question on the business statement a few moments ago, the lack of amendments suggests that this is an uncontroversial matter. However, I am confident that there will be an opportunity to fully scrutinise the provisions of this small and technical Bill through a Committee of the whole House. I do not believe that we are in any way forestalling the appropriate and necessary level of scrutiny for a very technical matter consequential on an Act of a few months ago.
Question put and agreed to.
Critical Benchmarks (References and Administrators’ Liability) Bill [Lords]
Thursday 18th November 2021
(2 years, 5 months ago)
Commons ChamberRead Full debate Critical Benchmarks (References and Administrators’ Liability) Act 2021 View all Critical Benchmarks (References and Administrators’ Liability) Act 2021 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts
The Economic Secretary to the Treasury (John Glen)
I beg to move, That the Bill be now read a Second time.
Many Members will have heard of LIBOR in the context of the manipulation scandals almost 10 years ago. The London interbank offered rate is the rate at which banks lend to each other in wholesale markets. As the right hon. Member for Wolverhampton South East (Mr McFadden) knows too well, from his experience on the Parliamentary Committee on Banking Standards, a number of changes were made to the administration and governance of LIBOR as a result of that scandal.
Stringent and effective regulation means that LIBOR is now effectively supervised. However, it is no longer robust, as I will explain, and is due to be wound down. The Financial Conduct Authority has confirmed the process to wind down the LIBOR benchmark by the end of this year. Most contracts that reference LIBOR will have transitioned to a different rate before the end of 2021, in line with the guidance of the regulators, but there remain a proportion of contracts that will not have done so.
Peter Grant (Glenrothes) (SNP)
It is comforting to hear that most of these contracts will have transitioned over. In the Lords, the Government estimated that the total value of those contracts was about £300 trillion, so even if a tiny percentage of them do not transition over, they could still represent a significant amount of money. Does the Minister have any indication of the number and value of contracts that he thinks will still need to be covered by this Bill—not as a percentage, but in actual pounds value?
John Glen
I cannot give the hon. Gentleman a precise figure. However, in my remarks now and further on, I will give an explanation of those that are excluded and therefore necessitate the creation of this synthetic rate. If he would just bear with me, I will get to the point, and he should feel free to intervene subsequently if he is not satisfied.
The Bill builds on the provisions of the Financial Services Act 2021, as I mentioned a moment ago. This provided the FCA with the powers to effectively oversee the cessation of a critical benchmark in a manner that protects consumers and minimises disruption to financial markets. If I may, I would like to take a few minutes to put the Bill into context.
LIBOR seeks to measure the cost that banks pay to borrow from each other in different currencies and over various time periods. It is calculated using data submitted by a panel of large banks to LIBOR’s administrator, which is the ICE Benchmark Administration. It is referenced in approximately $300 trillion of contracts globally. It is used in a huge volume and variety of contracts, including in derivatives markets, mortgages, consumer loans, structured products, money market instruments and fixed income products. For example, a simple loan contract may say that the interest payable is LIBOR plus 2%. In this example, LIBOR represents the cost to the lender of getting access to the money to lend it out, and the 2% represents the additional risk to the lender associated with making the loan.
Back in 2012, it emerged that LIBOR was being manipulated for financial gain. Following the subsequent Wheatley review, LIBOR came under the regulatory jurisdiction of the FCA in 2013. That led to significant improvements to the regulation and governance of LIBOR. However, in 2014 the G20’s Financial Stability Board, known as the FSB—not to be confused with the Federation of Small Businesses—declared that the continued use of such rates, including LIBOR, represented a potentially serious source of systemic risk. The FSB said that financial markets should voluntarily transition towards the use of more robust and sustainable alternatives. It reached that conclusion due to the structural decline in banks borrowing from each other through the unsecured wholesale lending market. That has meant in turn that LIBOR has become more and more reliant on expert judgments, rather than based on real transaction data. In other words, the market that this systemically important benchmark seeks to measure increasingly no longer exists, which underscores the fundamental need to transition away from LIBOR.
Since the FSB’s recommendation, the Government, the FCA and the Bank of England have worked together to support a market-led transition away from use of the LIBOR benchmark. Primarily, they have encouraged contract holders voluntarily to move to robust alternatives, in accordance with guidance from the FCA and the Bank of England, before the end of the year. At the end of the year, LIBOR’s panel banks will stop making the submissions to the administrator on which LIBOR is based. At that point it will therefore become unrepresentative, and the administrator will cease publishing in any setting where the FCA has not required continued publication using the synthetic methodology. The vast majority of contracts are expected to have transitioned away from LIBOR before that happens. For example, it is estimated that 97% of all sterling LIBOR referencing derivatives will have transitioned by the end of the year.
Despite extensive work and progress, there remains a category of contracts that face significant contractual barriers to moving away from LIBOR by the end of the year, and measures in the Financial Services Act 2021 sought to provide a safety net for those so-called tough legacy contracts. Through the Act, the Government granted the FCA powers to designate a critical benchmark as unrepresentative, if it determines that the benchmark is, or is at risk of becoming, unrepresentative—in other words, that it no longer accurately represents what it seeks to measure—and that it is not possible or desirable to restore its representativeness. The Act also provided the FCA with powers to compel the administrator of such a designated benchmark to continue to publish it for a temporary period of up to 10 years, to prohibit new use of the benchmark, and to require the administrator to change how the benchmark is calculated.
Bob Stewart (Beckenham) (Con)
I thank my very good friend the Minister for allowing me to intervene. He understands all this, and I understand some of it, but not much. I speak, however, as someone who is concerned. If we are moving away from LIBOR, is such a move likely to result in a greater cost to those who wish to borrow money?
John Glen
As ever, my right hon. Friend makes a reasonable point, and I will come on to address the potential divergence, and the implications of the synthetic methodology for the existing rate that we are about to institute and protect in the Bill. In short, there is a lot of volatility in the market, and it is difficult to be fully confident in determining the exact quantum of any difference between where the synthetic rate would get to and the existing outgoing LIBOR rate based on the panel banks. I will address that point more substantively in further stages of the Bill.
In the case of LIBOR, the FCA has indicated that it will designate it using that provision in the Financial Services Act at the end of 2021, when the panel banks will cease making submissions to the administrator. The FCA has announced that it will use its powers to compel the continued publication of certain LIBOR settings, using a revised methodology referred to as “synthetic LIBOR”. The FCA has done that so that tough legacy contracts can continue to function, protecting against the market disruption that would arise were the benchmark to cease permanently at the end of this year with nothing in its place. It is important to emphasise that the synthetic rate is a temporary safety net that will be available for at most 10 years, and only for legacy contracts that have not been able to move away from LIBOR in time for the year end. It is not intended to replace LIBOR in the long-term, and new financial contracts will not be allowed to reference the synthetic rate.
The Bill provides important legal clarity for users of the synthetic LIBOR rate. Clause 1 provides explicitly that LIBOR referencing contracts can rely on synthetic LIBOR. That is covered in proposed new articles 23FA and 23FB which the Bill would insert into the benchmarks regulation. Specifically, where the FCA imposes a change in how the benchmark is calculated, such as a synthetic methodology, the Bill makes clear that references to the benchmark in contracts also include the benchmark in its synthetic form. In the case of LIBOR wind-down, where a contract says “LIBOR”, that should be read as referring to synthetic LIBOR, so that there is effective continuity. That will provide legal certainty for contracts that will continue to refer to LIBOR after the end of 2021.
The Bill also provides a narrow immunity for the administrator of a critical benchmark for action it is required to take by the FCA. That includes where it is required to change how a critical benchmark is calculated, such as a change in the benchmark’s methodology. That will protect the administrator from unmerited and vexatious legal claims. The Government have introduced this in the narrowest way possible. It does not protect the administrator to the extent that it can act with discretion; it protects it only to the extent that it is acting purely on a direction from the FCA. The Bill does not in any way change the ability to challenge the FCA, and its decisions on setting a synthetic methodology are subject to challenge on the usual public law grounds. That means that provision is enabled for legal challenge, but the existence of the synthetic rate as a continuity to LIBOR on the panel bank basis is not grounds for legal challenge.
The UK has one of the most open, innovative and dynamic financial services sectors in the world. The Bill reaffirms the Government’s commitment to protecting and promoting the UK’s financial services sector. As the home of LIBOR, the United Kingdom has a unique and crucial role to play in minimising global financial stability risks and disruption to financial systems from the wind-down of LIBOR. The Bill forms part of a significant programme of work by the Government and regulators to support the global market-led transition away from LIBOR, as indicated by the FSB decision in 2014. It supports the integrity of financial markets, and in doing so underlines our reputation as a custodian of a global financial centre.
The LIBOR transition is the responsibility of the FCA. It is important to remember that LIBOR is primarily the preserve of sophisticated financial operators, not retail investors. The vast majority of LIBOR contracts are derivatives. Those are sophisticated financial products, the vast majority of which will transition away from LIBOR voluntarily. Synthetic LIBOR will be used only by a limited set of contracts and as a last resort. The market-led, voluntary transition of contracts away from LIBOR to robust alternative rates has been ongoing for years, and the success of that transition means that the vast majority of contracts will not need to use the synthetic rate at all. Where synthetic LIBOR is used in contracts, it is appropriate that the FCA takes technical decisions on the methodology. Indeed, our regulatory system often sees independent bodies empowered to produce calculations that reflect and influence economic reality, such as the Bank of England setting base rates.
A question raised on Second Reading from the Opposition Benches in the other place concerned whether the Government would consider giving compensation to consumers who lose out from synthetic LIBOR—that echoes the question from my right hon. Friend the Member for Beckenham (Bob Stewart). We do not know at this stage what the difference will be between panel bank LIBOR and synthetic LIBOR on the day synthetic comes in, but it is clear that any change will be well within the range of change in the rate that could reasonably be expected, based on what LIBOR has been historically.
The replacement rate is based on a five-year average, so in the medium term consumers should enjoy similar returns, but with less risk of day-to-day changes in how their rate is calculated. It is therefore not at all clear that consumers will lose out from this change, or that there is a case for compensating the subset of consumers affected. The Government would not compensate mortgage holders for a change in the Bank rate, for example.
There are two issues here. There is the difficulty in determining what that quantum of difference could mean, because there is an evolving move off the LIBOR rate even at this stage. We also have the situation where, in essence, such rates and benchmarks are used in different ways. Mortgage holders would have the opportunity to go their provider and ask to move another rate, for example the Bank rate.
I reassure the House that consumer interests have been factored into all decisions relating to LIBOR wind-down. In particular, the FCA has considered how to address concerns that the synthetic methodology may result in a rate which is higher than the current LIBOR rate. The FCA has taken a rigorous and careful approach to making the decision on the synthetic methodology, resulting in a decision that is entirely in line with the global consensus, among both industry and regulators internationally. This has been a careful and deliberate process, and I commend both my officials and the professionals at the FCA for the work they have undertaken.
The FCA’s synthetic rate will seek to provide a reasonable and fair approximation of what LIBOR would have been had it continued to be based on panel bank contributions, while removing a major factor in the volatility of the rate. That is to the benefit of parties to contracts referencing LIBOR, who will no longer be exposed to perceived changes in bank creditworthiness or liquidity conditions in wholesale funding markets. The alternative is having no rate at all, or being put on an unsuitable fall-back rate that may well be designed for a different situation, such as a short-term problem with publishing LIBOR. The Bill supports the wind-down process by ensuring that contracts will remain able to function if they are not able to transition to an alternative rate in time.
The Government have worked at pace to develop this legislation, carefully considering responses to the consultation and the complex range of contracts that reference critical benchmarks. As I have said, the FCA has confirmed the process to put in place a synthetic methodology by the end of this year. The Government will continue to engage with regulators to ensure a smooth transition.
I want to respond to the point made by the hon. Member for Glenrothes (Peter Grant) in his intervention on the number of mortgage holders. There is some speculation over how many mortgage holders will be affected. Some estimates say it could be 200,000, or 1.8% of the mortgages held in the UK, about half of which would be buy-to-let mortgages and the other half residential mortgages. However, the estimates I have received from industry suggest it would be significantly less than that, and a diminishing number. I think that that is the best I can give the hon. Gentleman.
I hope that I have provided the House with the background to the Bill, an explanation of its provisions and an update on the broader work being undertaken by regulators on the LIBOR transition, and that we can debate the provisions in the Bill in a constructive manner and deliver this vital legislation.
I will conclude by recognising that this is an unusually complex and technical Bill. I would not want to be in any way patronising to the House, but I want to be open to questions on it at the next stage. However, I hope I have satisfied the House in explaining the principles and narrative the Government have around this Bill.
Mr Pat McFadden (Wolverhampton South East) (Lab)
The programme motion we approved a short time ago allocated up to six hours for this process. As I look around the Chamber, Madam Deputy Speaker, I feel that span of time may prove adequate for our purposes today, but one cannot be sure.
I am grateful to the Minister for his explanation of the Bill and for the briefing he arranged prior to today’s debate. I am also grateful to the FCA for the briefing on the Bill that I requested a week or so ago.
As the Minister said, we all know the background to the desire to move away from LIBOR as a benchmark for financial contracts. A decade or so ago, a scandal of LIBOR manipulation was uncovered, whereby traders who submitted estimates of borrowing rates were manipulating the submissions for the benefit of the institutions they worked for, and indeed for themselves and the accounts they managed. That left financial markets subject to corruption for private gain.
Not surprisingly, in the wake of that there were inquiries, including a major cross-party one in this House on which I served. It opened the door to wider cultural issues in banking about risk and reward, and asked the question: for whose benefit exactly were those institutions being run? It also provided the spectacle of the chief executives of some of the banks, some of the highest paid people in the world, claiming, one after another, that they did not know what was going on in their organisations until they first learned about it through the newspapers.
In the wake of all that, regulators around the world agreed to move away from a benchmark based on supposed expert judgments, to benchmarks based on actual trades. However, that move away from LIBOR has been more difficult than first thought, because of the volume and the endurance of the contracts involved. As the Minister mentioned, it is thought that there are some $300 trillion-worth of contracts based on that benchmark. Some of those will not be transferred to new benchmarks by the deadline set at the end of this year, and that is where the Bill comes in.
Clause 1 seeks to ensure continuity between LIBOR and its successor for contracts which have not managed to move to a new benchmark by the end of the year. There was an exchange during the Minister’s speech, between him and the SNP spokesperson, the hon. Member for Glenrothes (Peter Grant), where the question was asked: how much are we talking about here? In the debates in the other place on the Bill, the figure of about £450 billion was, I believe, mentioned as the worth of such outstanding contracts. If that estimate is correct, then there are still very substantial contracts that could be affected by the switch.
The Bill empowers the FCA to produce a new benchmark, to be called synthetic LIBOR, which, as the Minister said, will be regarded as LIBOR for the purposes of the contracts involved. That will run alongside the Bank of England’s new benchmark, called SONIA—sterling overnight index average. If SONIA is the daughter of LIBOR, then synthetic LIBOR can be regarded as the ghost of LIBOR. The Bill sees the two walking together, travelling side by side.
In both the public debates on the Bill and at briefings from the FCA, it has been estimated that, in terms of what it would mean as an actual interest rate, synthetic LIBOR will be about 12 basis points higher than actual LIBOR now. My first question for the Minister, therefore, is why should synthetic LIBOR be set at 12 basis points higher than actual LIBOR and what will that mean for the contracts involved?
Bob Stewart
Forgive me for intervening yet again, but, for the normal person, does synthetic LIBOR and 12 basis points mean a 12% increase on what he or she might pay?
Mr McFadden
No, it does not mean that. It means just over one-tenth of 1%, as there are 100 basis points in 1%.
Twelve basis points, or just over a tenth of 1%, might not sound like a huge margin, but when we are talking about contracts worth up to £450 billion, small differences in rates can add up to a lot of money. To illustrate that, let us consider the position of mortgage holders. There are an estimated 200,000 mortgages based on LIBOR. My next question to the Minister is why have those mortgages not moved away from LIBOR in the years since the regulator encouraged contracts to do so? What has left them stuck on LIBOR before the approaching deadline of the end of the year? Will the move to synthetic LIBOR mean that these mortgages will pay rates of 12 basis points higher than if the move had not taken place?
The FCA published a Q&A on these matters earlier this week, which stated that
“there may be a small increase in your mortgage payment in January 2022 compared with your mortgage payment in December 2021.”
It looks as though a payment rise is on the way for those 200,000 mortgages. That, of course, comes alongside a very live debate in the Monetary Policy Committee about changes to the Bank rate. Does the Minister think that those who hold mortgages based on LIBOR, which, in the buy-to-let sector, means about one in 20 mortgages—that is not an insignificant proportion—realise that that change, which was flagged by the FCA the other day, is coming as a result of the Bill? Have the Treasury or the FCA estimated what the total cost of that might be to UK mortgage holders?
That brings us to the potential for legal action over the changes envisaged in the Bill. That is the difference between this proposal and what the Minister referred to as changes in the Bank rate, because this change is being brought about through legislative action whereas Bank rate changes are as a result of a decision by the Monetary Policy Committee. The question of legal action arises because if contracting parties have agreed a contract on the basis of one benchmark, might they take legal action if the move to a new benchmark ends up costing them more?
As I understand it, proposed new article 23FA(6) in clause 1 attempts to close off the possibility of legal action as a result of a contract moving from LIBOR to synthetic LIBOR—the ghost of LIBOR—which, in this example, would close the door on any potential legal action from disgruntled mortgage holders. I would be grateful if the Minister confirmed that that is the correct interpretation of proposed new article 23FA(6). To make this matter even more complex, proposed new article 23FA(7) in clause 1 leaves open the possibility of legal action, as long as the basis for it is not action taken under clause 1 of this Bill—that is, it is not simply the move from LIBOR to another benchmark authorised by the FCA. Again, I would be grateful if the Minister confirmed that my understanding of that is correct.
In the equivalent American legislation—LIBOR is used all around the world—there is what is known as a safe harbour provision: a mechanism to prevent contracting parties from engaging in legal action as a result of these changes. Will the Minister explain why the Government rejected that option for the UK? What is the difference between the restrictions in proposed new article 23FA(6) in clause 1 and the safe harbour legislation that has been put on the statute book in the United States?
Clause 2 also deals with legal action. It insulates from legal action the administrators of benchmarks, who in this case will work on behalf of the FCA, who, in turn, will work on behalf from Parliament, assuming that the Bill is passed. We can see the logic of insulating a public agency from legal action if it is carrying out a duty that stems directly from legislation, but the same clause states that it does not remove liability entirely—for example, over the exercise of discretion or timing of the publication of a benchmark. Will the Minister explain to the House, under clause 2, just how insulated from legal action are the FCA and the administrators that are authorised as a result of the Bill?
Underlying all that is the question of why we need this legislation at all. Around a year ago, the Minister and I spent many a happy hour debating the Financial Services Act, both on the Floor of the House and in Committee. That Act, as we will both fondly remember, authorised the publication of the alternative benchmarks in the first place, so why, after our spending all those happy hours putting that Act through Parliament, have the Government concluded that they have to return with further legislation? What was it about the Financial Services Act that left the picture incomplete? How do we know that this is the last piece of the jigsaw and that the Treasury will not have to come back a third time to fill in other potential gaps?
There is also the important issue of the timescale or longevity of these measures. They are being sold by the Government as a transitionary process—a bridge from LIBOR to a world without LIBOR—but, as long as they are in place, we have SONIA, LIBOR’s replacement, operating alongside the ghost of LIBOR in the form of synthetic LIBOR. Is all this just kicking the can down the road or do the Government really have an exit plan for these tough legacy contracts? If they have not been able to move these contracts away from LIBOR now, when, for years, the regulators have been flagging that they should do so, why does the Minister think that they will move away from the ghost of LIBOR?
It is now almost a decade since the original scandal of LIBOR rate manipulation was uncovered. The Financial Services Act, which gives rise to the powers that we are debating, talked about a transitional period of up to 10 years while this new alternative benchmark might run alongside others that have succeeded LIBOR, so it is conceivable that it could take the best part of 20 years to go from the uncovering of the original scandal to the final move away from LIBOR. What is the likelihood that the Minister, who has been very long-serving in his post, or his successor will have to come back to the House with more legislation on this matter because, even after all that length of time, it is not enough to wind down all the contracts that we are talking about?
We will not oppose the Bill today because we understand that continuity of contracts is in the public interest, but it is not clear to us how temporary a regime this is. I would be very grateful if the Minister could respond on exactly why this legislation was needed in the first place and how long it may last, and to the other questions that I have put to him this afternoon.
Peter Grant (Glenrothes) (SNP)
I am grateful to the Minister for setting out so clearly the background to the Bill and why it is needed, and for his answers to some of the questions that I raised. I do not think that anyone would doubt the need for this Bill or something very similar. LIBOR is clearly not fit for purpose, but we cannot just shut it down without replacing it with something, and that something has to have some kind of statutory backing.
As I mentioned, there have been concerns raised inside and outside Parliament about exactly how the Bill is worded and whether its present wording is the best possible way to achieve the objectives that we all want to be delivered. By far the biggest of those—the shadow Minister, the right hon. Member for Wolverhampton South East (Mr McFadden), mentioned this as well—is the degree of immunity from legal action that has been offered to the administrators of critical benchmarks. Again, I do not think that anyone can reasonably oppose the argument that we need to provide some kind of immunity—otherwise, it would just become a circus and the only people who would benefit are lawyers—but there is a question about whether the Bill goes far enough in this regard. Will the Minister respond in more detail to that question when he sums up?
The same questions were raised in the Lords on Second Reading on 13 October. I have to say that although in reply Lord Agnew made a succinct and powerful argument about why some immunity was needed, I do not feel that he addressed the question that had been asked: whether the immunity that the Bill gives is at the right level and goes far enough.
It is unfortunate that we do not have the chance to call expert witnesses to the House and question them on the record about the relative merits of the approach to immunity that the Bill proposes, versus the alternative safe harbour system that the shadow Minister mentioned and that I understand is being used in the United States of America. Could the Economic Secretary give an indication of whether safe harbour has additional risks that we are not aware of? Is there a risk that it could introduce more risk and more damage to the system, rather than less?
LIBOR is referred to in about $300 trillion-worth of financial contracts around the world. The shadow Minister mentioned that about £450 billion-worth is likely to end up being covered by the Bill; my quick guess at the arithmetic is that that will mean less than 0.2%. However, that is the danger of referring to percentages: we could say that 99.8% of contracts will successfully transition, but that still leaves £450 billion-worth that will not. We therefore need to make sure not only that the Bill passes, but that we get it right. The consequences of getting it wrong, or even not quite right enough, could be significant.
It has been mentioned that LIBOR is used to determine the interest rate of about 200,000 mortgages in the UK. The Financial Conduct Authority says that it expects the “majority” to have transitioned by the end of year. That could mean that only one contract of that sort will be left in the whole United Kingdom, but it could mean that there will be 99,999. It makes quite a difference.
About half of those 200,000 mortgages are for people in their own homes, and half are for buy to let. Let us not think that it is a harmless thing when buy to let goes wrong; the vast majority of buy-to-let properties are still somebody’s home, even if that somebody happens not to be the owner. If the worst happens and any of those mortgage borrowers get into serious difficulty, it will be no comfort to them whatever to be told that 11 million other people are blissfully unaware of the problem. To someone with a mortgage that goes bad, the badness rate for mortgages is 100%. We should never forget that.
I understand why the Economic Secretary was reluctant to commit to any kind of compensation scheme in future, but I would certainly appreciate it if he confirmed that the Government will not completely close the door on that possibility should circumstances demand it. We do not foresee a problem just now, but nobody thought that LIBOR could be manipulated as it was, until the fraudsters discovered that it could. Nobody thought about the problems that mini-bonds could cause, until the fraudsters found a way of causing them.
A further question on legal immunity arises from the global use of LIBOR. The Bill can give administrators immunity from being sued in courts in any UK jurisdiction, but is the Economic Secretary aware whether the transition away from LIBOR might leave them with any increased risk of being sued in overseas courts? Obviously we cannot prevent people from bringing actions in overseas courts, and even if they fail it is still an expensive and disruptive process for the administrators to have to defend themselves. Although we cannot legislate against the practice, is he aware of any circumstances in which the Bill could increase the risk of legal action in an overseas court?
The Financial Conduct Authority will have regulatory responsibility in relation to the Bill. Notwithstanding my well known views about its fitness for purpose, within the current regulatory framework the FCA is where responsibility should reside. However, I share the concerns raised in the Lords about the FCA’s accountability to Parliament. Effectively, the Lords Minister’s response was that there is direct statutory accountability from the FCA to Parliament, but that is not enough. Accountability achieves nothing if Parliament does not have the proper procedures in place to make that accountability work. The arrangements we have in place just now do not work.
The Treasury Committee is overloaded with work. It simply does not have enough hours in the day to hold the FCA and other regulators to account to the necessary extent. I would almost argue that the FCA merits a separate Select Committee of its own, but when we add the scrutiny needed of other regulators in the financial services sector, there is a strong case—an unarguable case, I believe—for establishing a separate Select Committee, or even a Joint Committee of both Houses, dedicated to holding our financial services regulators to account. We have seen what happens when they get it wrong. I do not think that Parliament is doing its job sufficiently just now to keep them held to account.
The LIBOR rate-fixing scandal reminded us that in the financial services sector, as in many other places, there is no limit to the ingenuity of some very senior people in positions of great trust when it comes to devising frauds on a massive scale. There is no loophole in regulation too small to be exploited.
I support the Bill’s passage. I have not tabled any amendments, but I will agree to the unamended Bill with my fingers crossed, because I fear that only time will tell whether it is 100% watertight. In the sometimes murky environment in which the Bill will operate, anything less than 100% will not be enough.
John Glen
I want to address thoroughly all the points raised by the right hon. Member for Wolverhampton South East (Mr McFadden) and the hon. Member for Glenrothes (Peter Grant) about legal certainty, the temporary nature of this provision, and concerns about what will happen to the population of mortgage holders.
This is clearly a technical Bill. The Government are taking clear action to ensure that contracts that make reference to LIBOR, and that cannot transition before the end of the year, can continue to function. It is vital that the Government take the necessary steps to make the wind-down of LIBOR as smooth and orderly as possible, given the number of contracts that refer to it.
I was asked why people are on LIBOR mortgages. Customers who hold LIBOR-referencing mortgages are, and should continue to be, encouraged to speak to their lender to switch to an alternative rate. The FCA has been very clear with lenders that they must be able to demonstrate that they have fulfilled their duty to treat customers fairly where they transition them to a replacement rate. The Bill will not do anything to restrict consumers’ ability to bring mis-selling claims if they arise.
Let me address synthetic methodology—a term that refers to the methodology that the FCA would impose on the administrator to provide for the continuity of a LIBOR-setting function for the benefit of these tough legacy contracts. The hon. Member for Glenrothes cited the figure of £472 billion, which was the FCA’s estimate on 29 September. The synthetic methodology will seek to replicate, as far as possible, the economic outcomes that would have been achieved under LIBOR’s panel bank methodology, but without the need for panel bank submissions.
The FCA has always made it clear, however, that the synthetic methodology will not be representative of the underlying economic reality that LIBOR seeks to measure. Parties to contracts and agreements that make reference to the benchmark should seek to transition to suitable alternative reference rates where possible. That process will continue. There is a lot of speculation about the numbers, but it is impossible to verify them at this stage.
Reference has been made to the differences in rate between panel bank LIBOR and synthetic LIBOR. We have given responsibility for the synthetic rate methodology to the FCA in consequence of the Financial Services Act. Its approach will provide a fair and reasonable approximation of what LIBOR would have been if it had continued to be calculated under the previous panel bank methodology, while removing a large factor in the rate’s volatility. That will be to the benefit of those who have contracts that refer to LIBOR.
It is important to note that, even in the past few weeks, the LIBOR rate has been volatile. There have been some days when the synthetic methodology would have produced a lower rate than panel bank LIBOR, and other days when it would have been slightly higher. That illustrates clearly that it is not sensible to speculate about a change in the rate on day one of the change in methodology. It is impossible, really, to create an enduring and certain difference.
Given the interest in how the rate works, let me explain that sterling synthetic LIBOR will be calculated using SONIA—the sterling overnight index average—with the addition of the International Swaps and Derivatives Association five-year median credit spread. ISDA, the trade association, has played an important role in consulting the market to arrive at consensus on key elements of the LIBOR transition.
Let me briefly address the concern about how we got to this point. There was iterative consultation as widely as possible with the industry to develop consensus. As for the question of why the legislation was needed and whether we will need to do it again, this provision was based on legal advice and is intended to address concerns raised by industry about the robustness of the synthetic methodology. The methodology involves a five-year median for the credit spread, which was selected following that industry consultation, to avoid manipulation. It is important to remember that LIBOR is a forward-looking interest rate benchmark, and to replicate its economics the synthetic methodology will be calculated using the SONIA term rate.
The issue of the 12 base points was raised. The synthetic LIBOR will be 12 points higher than SONIA, not LIBOR. The difference between LIBOR and synthetic LIBOR will depend on the LIBOR and SONIA rates on the relevant day. Again, it is impossible to fully verify and quantify the difference, in terms of those that are not rolled off to another rate and the way in which the rates will perform in reality.
The right hon. Member for Wolverhampton South East referred to what is commonly known as the “safe harbour” provision. Some industry stakeholders have called for an express legal safe harbour like that put in place by the New York legislature. The Bill makes clear that references in contracts to a critical benchmark include the benchmark in its synthetic form. Furthermore, by providing in the Bill that contracts are to be interpreted as having always provided for the synthetic form of the benchmark to be used once the benchmark existed in that form, the Government have sought to address the risk of a party’s arguing that the use of the synthetic benchmark constitutes a material change to a contract, or even that it has frustrated the purpose of the contract.
It is the Government’s view that this Bill comprehensively addresses the risk of legal uncertainty in a proportionate way, while not interfering with other valid claims. We considered approaches taken in other jurisdictions, notably New York, but as a matter of policy the Government do not think it would be appropriate or proportionate to prevent parties’ ability to seek legal redress via the courts for other issues that may arise under affected contracts. A contract could be entered into and there could be a legal dispute over how it had come about, separate from the issue of the LIBOR dependency. We thought that this was the appropriate way to proceed, because the Bill was never about withdrawing the legal rights of individuals.
This is an important Bill. Now that the FCA has confirmed the process to wind down LIBOR by the end of this year, the Government are committed to having this legislation in place to mitigate the residual risk of litigation and disruption resulting from the LIBOR wind-down in the UK. We believe that it is vital to the protection of consumers and the integrity of UK markets.
Question put and agreed to.
Bill accordingly read a Second time.
Critical Benchmarks (References and Administrators’ Liability) Bill [Lords]
Thursday 18th November 2021
(2 years, 5 months ago)
Commons ChamberRead Full debate Critical Benchmarks (References and Administrators’ Liability) Act 2021 View all Critical Benchmarks (References and Administrators’ Liability) Act 2021 Debates Read Hansard Text Read Debate Ministerial Extracts
The Chairman of Ways and Means (Dame Eleanor Laing)
I should explain that I am resuming our former practice of chairing the Committee at the Table now that the House is almost back to normal after the covid restrictions. During the Committee stage Members should still, of course, address the occupant of the Chair by name, not as Madam Deputy Speaker. “Madam Chairman” or—it says here—“Chair” are also acceptable. [Interruption.] The right hon. Member for Beckenham (Bob Stewart) says, from a sedentary position, that I am not a Chair but a Madam Chairman, and he is absolutely correct.
Clause 1
References to Article 23A benchmarks
Question proposed, That the clause stand part of the Bill.
John Glen
Thank you, Madam Chairman. I am grateful to you for being in the Chair at this point.
I realise that a number of these provisions have already been considered on Second Reading, but I am keen to explain the clauses in turn. Owing to their technical nature, I will explain them paragraph by paragraph at times. I hope that the House will bear with me.
As I said on Second Reading, the Bill provides important legal certainty for contracts that will rely on LIBOR after the end of this year. All its provisions deal with how a benchmark is treated in contracts once it has been designated an article 23A benchmark under the benchmarks regulation. The Financial Conduct Authority has power to make this designation when a critical benchmark is unrepresentative, or at risk of becoming unrepresentative, of the market that it seeks to measure. For LIBOR this will happen at the end of this year when the panel banks stop making their contributions. At that point, the FCA will ensure that LIBOR will continue to be published, using the synthetic methodology that we have already discussed.
In describing the purpose and effect of the clauses, I will use LIBOR as an example because it is currently the only benchmark to be designated under article 23A, but the provisions will also apply in future to any critical benchmark designated an article 23A benchmark by the FCA, although none is envisaged at this point.
Clause 1 means that LIBOR referencing contracts can rely on synthetic LIBOR. The clause inserts two new articles, article 23FA and article 23FB, into the benchmarks regulation. They supplement the legislative framework introduced by the Financial Services Act 2021 to provide for the orderly wind-down of a critical benchmark. Article 23FA clarifies how references to an article 23A benchmark should be interpreted in contracts and arrangements. Specifically, it provides that when the FCA designates a benchmark under article 23A and imposes a change in how the benchmark is determined, contractual references to the benchmark should be interpreted as including the benchmark as it exists after the exercise of the FCA’s powers. This is called “contractual continuity”.
For example, where LIBOR settings are designated under article 23A of the benchmarks regulation, this article would provide that contractual references to LIBOR should be interpreted as including synthetic LIBOR.
Article 23FA also sets out how contractual continuity will work in practice. It provides that this interpretation applies to all references to the benchmark in contracts or other arrangements, including references that do not refer to the benchmark by name but rather describe it, for example by reference to the economic or market reality that it intends to measure. It also applies where the parties were treating a reference in a contract as a reference to that benchmark immediately before the article 23A designation. That will ensure that any legal uncertainty is minimised, even when the contract does not explicitly use the name “LIBOR”, or includes a reference to LIBOR that is out of date. Finally, it is formally retrospective, in that it also provides that the contract is to be treated as having always provided for the reference to the benchmark to be interpreted in this way once the synthetic benchmark was introduced.
In the Government’s view, for contracts that continue to refer to LIBOR, these provisions will comprehensively address the risk that parties might successfully dispute the use of synthetic LIBOR to calculate payments after the end of this year. They do so in a proportionate way while not interfering with other valid claims. The clause does not introduce a so-called safe harbour, as has been introduced in New York. The Government considered that approach and, as I said, concluded that it would not be appropriate. However, the clause does not prevent parties’ ability to seek legal redress via the courts for other matters.
I draw the Committee’s attention to paragraphs 6 and 7 of article 23FA, which provides that the Bill does not create a basis for new claims concerning actions by the parties in relation to the formation, variation or operation of the contract prior to the change to a synthetic methodology. That should ensure that if, for example, a misrepresentation claim were brought in relation to statements made before a contract was entered into, the claim is considered according to the reality at the time when the statements were made, not in the light of the Bill’s impact on the contract. It would also not be reasonable or proportionate for the Bill to extinguish existing legal claims. Paragraph 7 therefore ensures that article 23FA does not extinguish existing causes of action. Any claim that could have been brought prior to the article 23A designation of the benchmark can therefore still be brought regardless of the Bill. For example, a mis-selling claim brought on the basis that a lender had misrepresented LIBOR to the customer could still be brought and judged according to the situation at the relevant time.
I turn to article 23FB, which introduces further provisions necessary to provide legal certainty to parties to contracts or arrangements that reference an article 23A benchmark. It is designed to avoid unnecessary interference in contracts where parties to a contract have already agreed what should happen in the event that a benchmark is designated under article 23A. This new article is primarily concerned with how the contractual continuity provision will operate in contracts that already have fall-back provisions—that is, provisions that provide for the contract to operate by reference to something other than LIBOR, or to terminate in particular circumstances.
The new article provides that article 23FA does not apply if the contract expressly disapplies it or expressly provides that the reference to the benchmark is not to include the benchmark in its synthetic form. It also provides that article 23FA does not override the operation of contractual fall-back provisions, many of which are designed to cater for the wind-down of the benchmark. For example, a fall-back in a contract that is triggered by LIBOR becoming unrepresentative will not be affected by the Bill. However, article 23FB is also clear that the designation of the benchmark under article 23A, or the imposition of a synthetic methodology, will not trigger fallbacks designed for the cessation or unavailability of a benchmark. That is because the benchmark continues to exist and be available in its synthetic form, so it has not ceased.
Concern about inappropriate cessation fall-backs that were designed with only a temporary unavailability of LIBOR in mind was one of the drivers of the approach taken in the Financial Services Act 2021. It is one of the key reasons why the Government are allowing for the continuation of LIBOR under a synthetic methodology. Article 23FB also provides the Treasury with three limited powers to make regulations. The powers are intended to future-proof this legislation, allowing the Government to ensure that an appropriate legislative framework is in place to support the orderly wind-down of future critical benchmarks across the wide range of contracts and arrangements that could reference those benchmarks.
The right hon. Member for Wolverhampton South East (Mr McFadden) referenced concern about timing. As I mentioned, that provision allows for wind-down over a 10-year period. We want to continue to encourage the wind-down over the coming period. We reserve the right to make further legislative interventions, but we envisage that they would be on a smaller and diminishing pool of contracts.
I turn to clause 2. On Second Reading, I spoke to the narrow and targeted immunity that the Bill provides for the administrator of a critical benchmark for action that it is required to take by the FCA. That is the clause’s purpose. It inserts new article 23FC into the benchmarks regulation. The clause, as with clause 1, deals with the circumstance where the FCA has designated a benchmark as an article 23A benchmark. Article 23FC concerns the liability of the administrator of an article 23A benchmark. The administrator will be responsible for administering the change in methodology as directed by the FCA, and as I set out on Second Reading.
Importantly, the clause provides that the administrator of an article 23A benchmark is not liable in damages for action—or inaction—that it is required to take by the FCA under article 23D of the benchmarks regulation, or for publishing the benchmark as it exists as a result of the FCA’s direction under article 23D. In essence, that gives protection to the administrator in terms of liability related to the FCA’s direction of it.
Mr McFadden
I am grateful to the Minister and have a few questions for him, all of which relate to clause 1. The methodology for calculating synthetic LIBOR is the five-year average picked by the FCA. Were other possible methods considered? What impact would they have had on the interest rate?
Secondly, the Minister referred to the rate bouncing around: on one day it could be less than real LIBOR and on another day it could be more. I believe that the FCA has used the figure of 12 basis points. For clarity, is that a fixed-term difference going forward, or will synthetic LIBOR vary on a daily basis, just as real LIBOR can?
On Second Reading, we talked about mortgages. However, as the Minister rightly said, a far greater sum of money based on LIBOR is in the derivative markets. What estimate have the Government made of the Bill’s impact on those markets?
Paragraph 6 of new article 23FA, which we have touched on a few times, tries to limit or define the scope of legal action taken as a result of the move from LIBOR to synthetic LIBOR. How might that influence any attempt at judicial review? How confident is the Minister that someone could not try a judicial review of this attempt to close down the option of legal actions taken as a result of a Government-mandated move in financial benchmarks?
The Minister referred to the discussion of fall-back provisions on page 3 of the Bill. For clarity, does this mean that some contracts will not transfer to synthetic LIBOR but will transfer to something else, depending on whether there is a fall-back provision in the contract? If there is a fall-back provision and it is not synthetic LIBOR, what will it be? If there is a fall-back provision that could have a different rate from synthetic LIBOR, how will contracting parties decide which one to use? Will the fall-back rate, if such a thing is specified in a contract, automatically take precedence over synthetic LIBOR, or might there be room for argument about which alternative rate to use?
Finally, there is the question of timescale and how long this will last. The Minister talks about encouraging remaining contracts to move off what will now be synthetic LIBOR. Indeed he said that, if we have to, we could pass further legislation. Is there anything more that can be done, other than encouragement, or are contracts not moving away from LIBOR because it is a better rate and, ultimately, what people care about is the interest rate they pay? I wonder how temporary this will be. Are we kicking this can down the road with nothing other than encouragement for a group of contracts that have stubbornly stuck to LIBOR despite all the regulator’s enthusiasm? Is there anything between the Minister’s encouragement and future legislation that might change this situation?
Peter Grant
I will not detain the House by repeating my comments on Second Reading. I am grateful to the Minister for his answers to a number of my questions, but one question he did not pick up, and on which I hope he can give some assurance, is what happens if something goes badly wrong with people’s mortgages. The small percentage of people who have mortgages covered by this legislation—although it could potentially be quite a big number of people—are now, through no fault of their own, quite literally staking their home on our getting this right. Although I appreciate that the Minister will not commit to a specific compensation scheme just now, will he at least give an assurance that the Government have not closed the door on that possibility should unforeseen circumstances lead to it being necessary?
I am also looking for clarity on the precise circumstances in which the administrator does or does not have immunity from legal action. The Minister has said the administrator is covered if it does something the law says it has to do, and it will not be covered if it does something it has chosen to do in a particular way. Does the administrator have discretion on the precise methodology it uses to calculate synthetic LIBOR, and can it exercise its judgment on the numbers it puts into the model? If the administrator has such discretion, nobody needs to sue it for using a synthetic LIBOR model; they can just sue it because of how it has carried out the calculation.
Given the nature of contracts of the value that the right hon. Member for Wolverhampton South East (Mr McFadden) mentioned, a slight change in the published rate can mean a lot of money. Every time the published rate is arguably a wee bit higher or a wee bit lower than somebody else thinks it might have been, one party will win and be quite happy, and the other party will lose and will potentially have a strong motivation to resort to legal action. Are administrators adequately covered against being sued simply because they have published a figure that says the current synthetic LIBOR rate is 1.2% rather than 1.25%? Are there grounds on which they might be sued because those 0.05 percentage points of difference in the published synthetic LIBOR rate either make or lose quite a lot of money?
John Glen
It is a pleasure to serve under your chairmanship, Mr Evans.
The right hon. Member for Wolverhampton South East (Mr McFadden) and the hon. Member for Glenrothes (Peter Grant) have raised a number of questions arising from what I said. The Government are clear that we support this transition away from LIBOR by providing additional legal certainty for contracts relying on LIBOR past the end of this year. The provisions of the Bill are vital to using the synthetic rate in an orderly winding down of LIBOR, and they provide protection to consumers and the integrity of UK markets, but there are four or five elements that I will address now.
The hon. Member for Glenrothes mentioned compensation, and we do not anticipate that being an issue. As with all matters, the Treasury keeps things under review. We will continue to monitor what happens as a consequence of this methodology.
Both the right hon. Member for Wolverhampton South East and the hon. Member for Glenrothes mentioned legal action, and it is possible that judicial review could be raised against the FCA on the synthetic methodology it is prescribing for ICE. We think that would be extremely unlikely, given that there has been an active exercise of listening to representations on designing a methodology that has broad credibility. That is fundamental to the integrity of the process. There has been no attempt to develop a methodology in isolation or separate from the consultation with the market.
The right hon. Member for Wolverhampton South East asked about both the future timetable and what will happen with contracts that have fall-back clauses overridden by the effect of this legislation. This Bill provides certainty where a fall-back provision is triggered by a benchmark ceasing to be published or made available. Neither the designation of a benchmark under article 23A of the BMR nor the imposition of a synthetic methodology would trigger the operation of the fall-back provision. Where a contractual arrangement has a fall-back provision that is triggered by other means, this Bill does not affect or override the operation of that clause. For example, it will not override a fall-back triggered by an assessment of unrepresentativeness or a prohibition on the use of the benchmark, provided that the circumstances in which the fall-back was triggered are met.
Mr McFadden
In layman’s terms, does that mean that a fall-back provision trumps synthetic LIBOR? That is what I am trying to get at. If there is a fall-back provision—some alternative already written into the contract—will these synthetic LIBOR continuity provisions not kick in?
John Glen
What we are saying is that the fall-back provisions, if they are without reference to LIBOR, would still apply. Where LIBOR is the reference, we are trying to ensure this synthetic methodology would not trigger that fall-back provision on the argument that it is distinct from the LIBOR provision in the contract. Essentially, we are trying to establish that the synthetic LIBOR methodology is synonymous with and continuous from the previous LIBOR rate, as set by the panel, but it does not intrude on the contractual issues around the fall-back on another basis. That goes back to our provisions dealing with the continuity of LIBOR rate setting through this new methodology—anything else is not the Government’s intention.
The right hon. Member for Wolverhampton South East reasonably probes me about the future timetable, and whether the provision of “moral persuasion” from the Financial Conduct Authority and warnings would be sufficient. We will keep these matters under review. What we are anticipating, and what we have seen, is a rapid and increasing move away from reference to LIBOR, and we expect that that will continue right up to the end of the year. We will look at what is required on an ongoing basis, but we think that it is quite likely that there may not be need for further legislative intervention. However, we reserve the right at a future point to legislate as needed. What we would do, as the FCA is doing, is encourage people to transition away from LIBOR.
I was also asked about the rate difference. It is possible that when the methodology of LIBOR changes from relying on panel bank contributions to using this synthetic methodology, there could be a small change in the rate of interest that borrowers with contracts that reference LIBOR will pay. I mentioned on Second Reading that we expect the synthetic LIBOR to replicate the economic outcomes achieved under the panel bank rate. Obviously, that was the intention throughout. It is difficult to say exactly what the synthetic rate will be when it replaces LIBOR. In the medium term, we would expect it to be matched to the existing LIBOR rate, but smoothed to reduce day-to-day changes.
Today’s LIBOR rate is at historic lows, and it is worth noting that the rate can fluctuate significantly. For example, if we look at the three-month LIBOR on GBP, we see that it has varied from 0.28% in September 2017 to 0.92% at the end of December 2019, and it is now 0.11%. We have seen a lot of volatility in the past few weeks because of speculation about what is happening with interest rates. So there have been some days during the past months when the synthetic methodology would have produced a lower rate than panel bank LIBOR and others when it would have produced a slightly higher one. Therefore, it is not possible to fully account for what would actually happen. I hope that that addresses the points that have been raised in Committee.
Question put and agreed to.
Clause 1 accordingly ordered to stand part of the Bill.
Clauses 2 to 4 ordered to stand part of the Bill.
The Deputy Speaker resumed the Chair.
Bill reported, without amendment.
Third Reading
John Glen
We have had a considerable debate this afternoon, both on Second Reading and in our scrutiny in Committee. I have made clear on a number of occasions the Government’s intentions in this legislation. I wish to thank the Opposition spokesmen for their contribution and thank my officials, but I do not have anything further to add.
Peter Grant
I wish to reciprocate in my thanks to the Minister for responding with the courtesy and in the spirit of co-operation that we always get from him in these debates. This is becoming more topical just now, but he deserves credit in setting an example that we would all do well to follow. There have probably been very few Bills to come through this House that have involved so much work beforehand to produce a Bill that, in paper terms, does not appear to be particularly significant. I think we understand that its impact can be quite significant—the impact of not doing it could have been very significant. So may I ask the Minister to take the thanks of my group back to his officials and to everybody else who has contributed to the consultation—those in the FCA and the industry representatives—as I know they have put a lot of work into this as well? As I say, it has not produced a huge number of pages or words of legislation, but I believe it has plugged a potentially catastrophic gap in the regulation of our financial services industry, and they deserve our thanks for that.
Question put and agreed to.
Bill accordingly read the Third time and passed, without amendment.
British Council: Global Britain
(2 years, 5 months ago)
Commons ChamberRead Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Mr John Baron (Basildon and Billericay) (Con)
First, may I thank the Speaker and indeed you, Mr Deputy Speaker, for choosing and allowing this debate to take place? I also thank the Minister for the Middle East and North Africa, my right hon. Friend the Member for Braintree (James Cleverly), for fielding the debate on a Thursday afternoon. While I am in this mode, I should also like to thank the all-party group on the British Council for its support, guidance, diligence and expertise when it comes to trying to ensure that there is no disconnect between government and the British Council, and for playing its part. Above all, I wish to thank the staff and the teams at the British Council itself, and I know that my right hon. Friend will concur with that, because they have done a tremendous amount over the past few years in flying the flag for the cause of better understanding between this country and others. They have been flying the flag in such an astounding manner, given the challenges they have faced.
My right hon. Friend will know that the British Council has huge cross-party support in both Houses. Some Members in this place have worked for the British Council prior to being elected as an MP, and others have worked closely, as I have done on occasion, with the British Council in the past in trying to ensure that there are no misunderstandings and in furthering the good work of the British Council. There is huge affection for the organisation across Parliament.
The UK is often termed a “soft power superpower”—that phrase is reasonably well known. We rank very highly indeed and we usually top that table. That is down to our country’s extensive and impressive assets of attraction and influence, which include world-renowned arts and cultural bodies, world-class universities and research, and our sporting prowess, along with our respected national and international institutions. The British Council is one of those great institutions. Since the 1930s, it has been promoting British culture and the English language abroad, as well as facilitating cultural exchanges and, crucially, building trust between the UK and other countries. There are few Government Departments that do not directly benefit from its work.
The British Council also represents excellent value for money. In normal times, it receives only 15% of its income from the state, whereas many of its international counterparts receive much more. For example, its French, German and Japanese equivalents receive 48%, 62% and 65% respectively. That is in large part because the British Council has a commercial element, in the teaching of English abroad. It is tremendous value for money given the influence it exerts and the trust it builds between us and other nations.
As the chairman of the all-party parliamentary group on the British Council, it was my pleasure to oversee the production and publication last July of our report on opportunities for global Britain. I thank all those who contributed to the report, including the officers of the all-party parliamentary group, who contributed to such effect. The report highlights the importance of showing not telling and of persuading rather than being more forceful, thereby ensuring that our values of openness and tolerance are there for all to see around the world, and the important fact that soft-power institutions such as the British Council and the BBC World Service are at their most effective, innovative and entrepreneurial when they have operational independence from the Government. I have no doubt that the Government get that, but it is important to reiterate that there must be an element of operational independence.
Our report also highlighted the Government’s short-sighted decision to curtail British Council activity in 20 countries because of its failure to close the £10 million shortfall between the amount of pandemic support given to the organisation and the costs of maintaining its international network. The 20 closures are already in train—the decision was largely taken last July—and represent the largest single set of closures in the British Council’s history. Our report particularly recommended that there should be no further closures among the British Council’s overseas network, and we received an assurance on that from the Minister in charge at the time.
The APPG is concerned that the British Council faces the closure of a further 20 country operations, which would result in 40 closures in total. This idea stems from discussion between the British Council and the Foreign, Commonwealth and Development Office on cutting the British Council’s funding allocation still further over the coming three-year spending review period, despite the FCDO’s budget increasing by 21% over the same three-year timeframe.
Bob Stewart (Beckenham) (Con)
I thank my good and hon. Friend for allowing me to intervene. I am a huge fan of the British Council and have seen it operating abroad. Does my hon. Friend agree that when we withdraw something like the British Council from a country, the image given is that Britain does not care about that country? The soft power that we gain from having the British Council firmly in place in a capital or major city is a huge influence on how a country looks at the United Kingdom.
Mr Baron
My right hon. Friend is absolutely right: when the Government are quite rightly talking about the importance of global Britain, it sends completely the wrong message to the world to close, in many countries, an organisation that represents the very best of British.
The irony of the situation is that the additional closures can easily be prevented, without any new money from the FCDO, by allowing the British Council to retain a share of the savings that it is currently making through cuts that are already in train. That is something to reflect on. As my right hon. Friend said, once the British Council ceases to have an office in a given country, it is unlikely that a presence will be easily re-established. It also leaves the way clear for others to fill the vacuum. The closure of 40 offices worldwide will not go unnoticed. Will the Government urgently review the situation and provide clarity?
Is it the Government’s intention, at a time when the FCDO’s expenditure is, courtesy of a very generous Budget, going up by more than 20% over the comprehensive spending review period, that the British Council’s funding should be cut? Is that the Government’s intention, or is there simply a disconnect? Is this cock-up, frankly, rather than conspiracy? Clarity is needed; uncertainty helps no one, not least the British Council, when it comes to planning. If that is the Government’s intention, I urge them to rethink their decision to require the additional 20 closures and ideally, if I am being somewhat presumptuous—and why not?—rethink their decision to close the 20 offices as announced in July. These mass closures will do enormous damage to our soft power, as my right hon. Friend has alluded to. They will be viewed as an unwelcome retreat from the international stage and will leave the door open to our competitors. This simply does not fit with the concept of global Britain.
I make no excuse for raising this issue now given what happened last time when the first set of 20 closures were announced. As soon as we got wind of it, being a proactive all-party group, we made every effort to communicate with Government through the normal channels. I had meaningful conversations with the then Foreign Secretary, a meaningful conversation with the Chancellor of the Exchequer, and two decent conversations with the Prime Minister. They all got it. They all accepted that the British Council was a valued organisation, helping to build trust. They got its worth; there was no need to persuade them. So what happened? There seemed to be a disconnect in Government. The clunky levers of the bureaucracy still manufactured a £10 million shortfall that was desperately required. It was desperately required because, over the past 18 months, the British Council has been unable to be proactive in commercialising its operation—its teaching of the English language—simply because the pandemic closed down its major markets in the far east, but still there was a £10 million shortfall, and still to this day, they are in the process of closing 20 country operations at a time when we are espousing the principles of global Britain. It simply does not make sense. There is a disconnect.
The reason for holding this Adjournment debate—I ask the forgiveness of the House because I am keeping it here late on a Thursday, at the end of the business day—is that if we do not make noises now, given what happened last time, we will get a repeat, and 40 closures—the 20 in train and the 20 now being rumoured—would be a disaster not just for the British Council, but for the country as well.
I could go on, Mr Deputy Speaker, but I know that perhaps I should not. In summing up, I want to raise very briefly something that is connected to the British Council, and I know that the Minister also takes it to heart. I reiterate the all-party group’s urgent concern for those 200 Afghans who worked for the British Council and who are still in Afghanistan, fearing for their lives and unable to leave. I had a heartrending email from a former British Council employee—I will not read it again because I have already paraphrased it in Defence questions—who literally said that they were in fear of their lives. They were in hiding from the Taliban. They had run out of money, but for some reason the bureaucracy was getting in the way. It seems that slow-moving bureaucracy in Britain is preventing them from receiving the documents they urgently require. We owe these people a debt of gratitude.
As I said, I raised this issue at the last Defence questions. The Secretary of State agreed with the need for urgency, but suggested that this was more of a responsibility for the FCDO. He did, however, suggest a meeting for MPs involving all relevant Departments. In addition to the questions that I have already posed my right hon. Friend, I ask him to ensure that the FCDO, once it is invited, participates in this meeting fully. If it is not invited, it should ask questions why it is not. My understanding is that the Ministry of Defence is co-ordinating this. We, as Members of Parliament, need better sight of the system in order to play our part in ensuring that there is clarity, less bureaucracy and more action when it comes to helping these people. I look forward to hearing the answers to my questions from my right hon. Friend.
The Minister for the Middle East and North Africa (James Cleverly)
I am genuinely grateful to my hon. Friend the Member for Basildon and Billericay (Mr Baron) for securing this debate. It gives me great pleasure to see that Essex Members of Parliament now represent the majority of those in the House this afternoon. I thank my hon. Friend for the hard work that he puts in as the chair of the British Council all-party parliamentary group, and the hard work that the other members of the APPG put in, particularly on the group’s recent report on opportunities for global Britain. I also pay tribute to my good, right hon. and gallant Friend the Member for Beckenham (Bob Stewart), who I am willing to make an honorary member of the Essex mafia this afternoon for his thoughtful contribution.
Bob Stewart
I want to correct the Minister. I do not need to be an honorary member of the Essex mafia, as I am a member of the Essex mafia; I spent 10 years at Chigwell School.
James Cleverly
That makes you the odd one out, Mr Deputy Speaker, but I am sure that we will forgive you.
The Government are determined that Britain will remain an outward-looking nation that is positive and patriotic, and demonstrates leadership and innovation, and I assure the House that the British Council is a key part of that. Its mission is to teach English, and to promote UK education, arts and culture across the globe. In doing so, as my hon. Friend the Member for Basildon and Billericay said, it showcases our strength and values, but it also builds trust and opportunities between nations. The APPG report rightly identifies the British Council as one of the UK’s real assets, and that position is reflected in our own integrated review, which was published earlier this year. The review recognises the British Council as a key aspect of our global influence.
For 85 years, the British Council has boosted Britain’s status as a cultural superpower. Its programmes reach 790 million people in more than 100 countries every year, and it plays a vital role in enhancing our standing in the world. It forges connections, understanding and trust between the UK and other countries. That trust is already strong, and the council’s recent report on soft power noted that the UK is ranked first among G20 nations for overall attractiveness and second in the G20 for trust. The British Council adds significant value in this respect. When the council is involved in cultural and educational exchanges, trust in the UK increases by 16% on average. I am sure that the House will agree that it is more vital now than ever—as we work with our allies to promote democracy and collaborate on the very biggest challenge that the world faces— that we enhance this global trust.
My hon. Friend highlighted in his speech further opportunities to promote global Britain through the British Council. The APPG report identified potential key partners in the Indo-Pacific and sub-Saharan Africa, among others. The council has ambitious targets designed to take advantage of these opportunities. By 2025, it plans to reach 140 million English language learners and attract 600,000 international students here to the UK. It also hopes to connect to 30 million people with UK arts and culture, either in person or remotely—for example, by visiting our world-beating film and arts festivals in cinemas and galleries, or indeed online.
Next year, as we host the Commonwealth games and mark the Queen’s platinum jubilee, the British Council will lead international partnerships in education and the arts, including work to connect young people across the whole Commonwealth. School twinning schemes and cross-curricular programmes will boost understanding of our values and aspirations, including the education of women and girls, which remains a core Government priority. Her Majesty the Queen’s 70 years of service and leadership have also inspired the British Council. From its alumni the council will build a network of young, inspiring women leaders across the Commonwealth, who will develop projects to address the global challenges still faced, sadly, by many women and girls.
Meanwhile, advisory committees for Wales, Scotland and Northern Ireland support the British Council as an institution for the whole of the United Kingdom. They help to shape programmes and priorities and ensure there is a clear focus on all aspects of the UK’s rich culture. For example, the British Council’s Go Digital programme includes collaboration between artists and art organisations in Wales and sub-Saharan Africa. Go Digital aims to develop and showcase the arts, which have suffered so much during the pandemic. The council also works to forge connections between Northern Ireland and other societies emerging from conflict—for example, offering insights into the issues that fuelled conflicts in Northern Ireland, India, Lebanon, Sierra Leone and South Africa. Students are encouraged to turn these lessons into creative expression.
Bob Stewart
I thank the Minister for allowing me to intervene a second time. What he has said is really grist to the mill, because the British Council is a huge success, as he would accept. The British Council has actually survived, somehow, during the pandemic. Goodness knows how country directors are able to budget during the pandemonium that has been the past two years, but somehow they have. So it does seem strange that with the success that the British Council has had in soft power terms and in floating what a great place the United Kingdom is, we are prepared to scrap 10 locations—actually, a total of 20. May I plead with the Minister to get Government to make a decision to rescind the orders so that those 20 centres remain in being, if that is possible now?
James Cleverly
I will address the situation with regard to funding and our footprint shortly.
Together with the University of Edinburgh, the council is developing an online course, open to all, on sustainable living. This touches on key issues that connect us, from climate change to gender equality, health and inclusion, encouraging informed personal responses.
With regard to the funding situation, sadly, like so many organisations, as my hon. and gallant Friend mentioned, the British Council has been acutely affected by the impact of covid-19. More than 90% of its teaching and exam centres were shut at the height of the pandemic. It has done a genuinely exceptional job of rapidly expanding its digital services, including online teaching platforms, in response to this crisis. We continue to work closely with the council as it builds back from the pandemic. We share its ambition to innovate and to increase its digital capacity even further. I was very pleased recently to meet the British Council’s new CEO, Scott McDonald, who brings a genuine wealth of commercial experience from his previous roles. In partnership with the council’s chairman, Stevie Spring, I have no doubt that Scott will bring the strong leadership needed to drive forward the council’s transformation and put it on a sustainable future-facing footing.
Sadly, as with so many organisations, the pandemic also had a devastating impact on the British Council’s commercial activities and therefore its finances. The Government remain committed to the council’s future success, and I am confident that it will emerge stronger than ever. The funding we secured through the 2021-22 spending review demonstrates that commitment. Since the start of the pandemic we have allocated more than £600 million to ensure that the British Council can continue to deliver on our priorities during this uniquely challenging time. Earlier this year, the council, as has been said, announced that it will stop spending grant in aid funding in 11 countries. In a further nine, it will deliver grant in aid programmes remotely from other countries. These decisions were taken in partnership with the council, focusing on where it can achieve the biggest impact.
Mr Baron
First, I thank my right hon. Friend for his comments about those at the British Council, who will be heartened to hear what he says. I know it will not be strange to them, but it is nice to hear it from the Dispatch Box all the same. I concur with his comments about the new chief executive Scott McDonald and Stevie Spring, too. They will bring a lot to the British Council at this important time. I hear what he says about the figures, and one does not dispute the moneys put into the British Council as its commercial activities collapsed, but the Government were still £10 million short of what was required to keep those 20 country operations fully operational, and that was the crime there. When one spoke with Ministers, there was no problem at all—they got it—but it still translated into a £10 million cut. The fear is that something similar will happen now going forward.
James Cleverly
My hon. Friend raises the prospect of additional closures, and I understand his concern about that. The simple truth is that we continue to operate, notwithstanding the spending review allocation, in a challenging financial context. We continue to work closely with the British Council on the implications of the 2022 to 2025 spending review. I assure him that the funding settlement has not yet been finalised, and any decisions that we make will be in close consultation with the British Council. We will continue to work with the British Council on its future strategy to ensure that it continues to deliver not only excellence but maximum value and maximum impact.
Mr Baron
I appreciate my right hon. Friend’s generosity in giving way again, but we have a little bit of time, without wishing to detain the House for too long. I accept what he has just said, because I know he is a decent fellow, but my worry is that this message, despite his exalted position in the FCDO, does not translate, frankly, because it did not translate last time. May I tease him a little to see whether he can go further? Would he wish to see further closures in the British Council, as we have seen in the past?
James Cleverly
Mr Deputy Speaker, you can see the political chess moves, the political judo and the political jujitsu that my hon. and gallant Friend is performing. I know he would want me to provide assurances in strict financial terms. Sadly I am not able to do that at the Dispatch Box at this moment, but the assurance that I can give him is that the hugely positive impact that the British Council has on the lives of people around the world, as well as the hugely positive impact it has on the UK’s standing around the world, are not lost on anyone. I enjoyed a very good conversation with the new CEO. I can assure my hon. Friend that I will continue to work with the new CEO and the rest of the leadership team at the British Council to ensure we protect the excellence that this organisation delivers. I would wish, were budgets infinite, to have a British Council presence everywhere—I know that is a cheeky response to a bit of a cheeky question—but sadly we do not live in an environment of infinite resource.
My hon. Friend raises an incredibly important point about Afghanistan and our commitment to helping those Afghans who helped us, including through their employment or work with the British Council. The FCDO remains in close and regular contact with the British Council’s management about the cases of eligible staff and contractors and their dependants in Afghanistan. Applications from British Council contractors for resettlement will of course have to be considered on a case-by-case basis. We will work across Government to find a way of expediting any decisions made, so that we can provide assistance as quickly as possible.
Mr Baron
I thank my right hon. Friend for being generous in giving way. Of course I do not doubt his words, but what seems to be happening is a disconnect between Departments. This week in the House the Defence Secretary, who is a good man, said he thought it was more a responsibility for the FCDO. This situation needs gripping, because the sense is that bureaucracy is getting in the way. There are 200 level 1 and level 2 applicants for the Afghan relocations and assistance policy scheme, and the paperwork is simply not being produced.
James Cleverly
I completely understand my hon. Friend’s point. The repatriation work through Afghanistan has proved to be one of the most difficult and technically complicated, and in many instances very sensitive operations we have had to work. It is inevitable that we have to work across and exchange information between Departments.
Ensuring that individuals who worked for organisations that came under the remit of the FCDO, but whose resettlement cases might be facilitated through the Ministry of Defence, will of course mean that we will continue to need to work cross-departmentally, as we have done. I pay genuine tribute to my colleagues in the Home Office, the Department for Levelling Up, Housing and Communities and, of course, the Ministry of Defence, who I know are passionate about this and work tirelessly, often with incomplete information. We will continue working with them on that.
To conclude, as we all work tirelessly to promote global Britain, our partnership with the British Council remains vital. We will continue to support it as it brings people together across nations, through arts, culture, education and, perhaps most importantly, the English language. In this way, by showcasing our values and delivering opportunities, we will build connections, understanding and trust.
Question put and agreed to.
Value Added Tax (Distance Selling and Miscellaneous Amendments No. 2) Regulations 2021
Customs Tariff (Establishment and Suspension of Import Duty) (EU Exit) (Amendment) (No. 2) Regulations 2021
(2 years, 5 months ago)
General CommitteesRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Chair
Before we begin, I remind hon. Members that they are expected to wear face coverings and to maintain distancing, as far as possible. This is in line with current Government guidance and that of the House of Commons Commission. Please give one another and members of staff space when seated and when entering and leaving the room. I remind Members that they are asked by the House to have a covid lateral flow test twice a week, if coming on to the parliamentary estate. That can be done either at the testing centre in the House or at home. Members should send their speaking notes by email to hansardnotes@parliament.uk. Similarly, officials in the Gallery should communicate electronically with Ministers.
The Financial Secretary to the Treasury (Lucy Frazer)
I beg to move,
That the Committee has considered the Value Added Tax (Distance Selling and Miscellaneous Amendments No. 2) Regulations 2021 (S.I. 2021, No. 1165).
The Chair
With this it will be convenient to consider the Customs Tariff (Establishment and Suspension of Import Duty) (EU Exit) (Amendment) (No. 2) Regulations 2021 (S.I. 2021, No. 1191).
Lucy Frazer
It is a pleasure to be here under your chairmanship, Ms Rees. I am discussing two measures that ensure that UK tax legislation is consistent with intended policy aims and brings in the latest updates to the UK’s tariff suspensions policy.
The first measure is the Value Added Tax (Distance Selling and Miscellaneous Amendments No. 2) Regulations 2021, which relate to two VAT simplification schemes that are optional for businesses to use. These were introduced as part of the VAT e-commerce changes in Northern Ireland in July of this year. Before I explain what the changes do, I will tell the Committee how the schemes work. The first is the optional One Stop Shop scheme: a simplified VAT reporting scheme available to all UK businesses selling goods from Northern Ireland to EU customers where their annual total sale of goods to final customers based in EU member states or Northern Ireland exceeds £8,818. It allows those businesses to register in just one EU member state or Northern Ireland. The businesses can then account for VAT on all their sales of goods to final consumers located in the EU and Northern Ireland on one single quarterly VAT return. The alternative is for businesses to register for VAT in each EU member state to which they sell goods.
The second scheme is similar. It is the optional Import One Stop Shop scheme. In contrast to the One Stop Shop, which applies only to goods sold from Northern Ireland to the EU, the Import One Stop Shop is a simplified import VAT scheme available to UK businesses importing low-value goods into Northern Ireland or the EU from elsewhere. It allows businesses that import low-value goods worth up to £135 into the EU or Northern Ireland to register and account for the VAT in one EU member state or Northern Ireland on a single return, without any import VAT being charged at the port of importation. The alternative is for the recipient to account for import VAT in each country into which goods are imported.
In summary, the two schemes provide benefits to UK businesses that are selling goods from Northern Ireland to consumers in an EU member state, or are importing low-value goods into the EU or Northern Ireland. The statutory instrument makes a number of minor and consequential changes to the VAT legislation and to the e-commerce schemes to improve clarity.
The other measure that we are debating today, the Customs Tariff (Establishment and Suspension of Import Duty) (EU Exit) (Amendment) (No. 2) Regulations 2021, extends and introduces new tariff suspensions, as well as correcting minor errors in previously made secondary legislation.
I will deal in more detail first with the Value Added Tax (Distance Selling and Miscellaneous Amendments No. 2) Regulations 2021. Following a review of the e-commerce legislation, a number of minor issues were identified that required legislative change. First, existing legislation requires that a person who holds goods in Northern Ireland to trade with the EU must be a person who is identified, for the purposes of VAT, in Northern Ireland. Those who register for the One Stop Shop scheme need to be so identified. This SI ensures that anyone who is registered for the One Stop Shop scheme is entitled to be a person who is identified, for the purposes of VAT, in Northern Ireland.
Secondly, this instrument removes superfluous references to “third country” or “third territory” in respect to Great Britain, which might otherwise be confusing to readers.
Thirdly, the instrument makes a change to describe a person who is registered for the OSS scheme in an EU member state as a participant in a non-UK scheme. This brings it into line with the same terminology used elsewhere in the Value Added Tax Act 1994.
Fourthly, shortly after the Finance Act 2021 received Royal Assent, a number of minor drafting errors and omissions were identified. These were addressed at the time in a time-limited transitory instrument—the Finance Act 2021, Section 95 and Schedule 18 (Distance Selling: Northern Ireland) (Appointed Day No. 1 and Transitory Provision) Regulations 2021. The instrument before this Committee retains one of those transitory changes, which clarifies that references to the IOSS scheme apply to all qualifying participants of the scheme in EU member states and Northern Ireland. The remaining transitory changes have been addressed in the VAT (Distance Selling and Miscellaneous Amendments) Regulations 2021—a negative procedure instrument, which was laid at the same time as this instrument.
Fifthly, this instrument also clarifies that references to Great Britain in the IOSS legislation equally apply to the Isle of Man.
Finally, in connection with EU Exit, this measure corrects a cross-referencing error in the legislation, ensuring that claimants who construct or convert an eligible building under the Northern Ireland DIY housebuilders’ scheme are able to recover VAT incurred on relevant goods obtained from EU suppliers. Claimants building in Great Britain would incur import VAT on the purchase of such goods from EU suppliers, which is already claimable under the DIY housebuilders’ scheme.
I now turn to the second instrument to be debated today: the Customs Tariff (Establishment and Suspension of Import Duty) (EU Exit) (Amendment) (No. 2) Regulations 2021. This instrument makes some amendments to existing tariff legislation that was laid before the House on 16 December 2020 to ensure that the UK’s first independent tariff schedule was ready for implementation.
I want to highlight two parts of this instrument. First, it updates our tariffs and suspensions policy to provide continuity for businesses and supports the Government’s healthcare response to covid-19. Approximately 2,200 tariff suspensions are currently in force, supporting UK businesses by relieving tariffs on imports for domestic production, such as raw materials for manufacturing and chemicals used for pharmaceutical products.
Those suspensions were due to expire at the end of this year. The instrument extends them for a further two and a half years, avoiding cost pressures on businesses that could arise from tariffs being applied to these goods. Given the adjustments that businesses have had to make this year, these extended suspensions will provide welcome certainty and support businesses across the country, with potential knock-on benefits for consumers.
The instrument also extends 89 tariff suspensions already in place for covid-19 critical goods, such as medical oxygen, plastic face shields and hand sanitiser. It also includes 14 new suspensions related to imports of vaccine inputs, as identified by the World Trade Organisation. These new and extended suspensions should support the UK’s wider healthcare response to the pandemic.
The second part of the instrument rectifies some administrative errors related to six tariff lines for articles of worn clothing and textiles, cosmetic products, and certain cables used in vehicles, aircraft and ships. These areas relate to missing tariff duties on these goods in the legislation, which, for some context, is six out of around 16,000 tariff lines.
Although traders were previously charged on the relevant goods at the rates intended, and as traders expected, that was inadvertently done, without those six rates being set out formally in tariff reference documents. After that was discovered as part of an ongoing review, systems were changed so that traders were no longer charged tariffs on these goods.
This instrument inserts the rates that were always intended to be charged, allowing Her Majesty’s Revenue and Customs to properly and lawfully correct these rates. It is worth noting that the majority of these lines saw little or no trade, although HMRC is in the process of contacting traders that were charged the intended rates, which were nevertheless missing from the legislation. More broadly, I emphasise that the vast majority of customs duties are being collected as intended.
In conclusion, the charges in the VAT instrument merely correct minor errors and make consequential changes to ensure that the VAT system operates as was always intended. While the tariff instrument makes limited corrections to address administrative errors, it also makes substantive updates to the UK’s suspensions policy, providing continuity for businesses and supporting the Government’s healthcare response to covid-19. I commend the regulations to the Committee, and I hope colleagues will join me in supporting them.
James Murray (Ealing North) (Lab/Co-op)
Thank you, Ms Rees, for the opportunity to respond on behalf of the Opposition as we consider the two statutory instruments.
The Value Added Tax (Distance Selling and Miscellaneous Amendments No. 2) Regulations 2021 amends certain provisions in the Value Added Tax Act 1994 relating to the application of VAT on goods in Northern Ireland, pursuant to the United Kingdom’s obligations under the Northern Ireland-EU protocol. The Opposition can see that this SI makes a minor correction and goes on to make amendments to provisions set out in the Finance Act 2021 relating to the application of two new VAT schemes in Northern Ireland.
The intra-community distance-selling OSS scheme and the IOSS scheme seek to simplify VAT accounting for the sale of goods direct to consumers by suppliers based in the EU and by suppliers who import goods into the EU for sale. Other amendments to the 1994 Act involve the rectification of minor errors, the removal of superfluous wording and edits to bring about consistency in terminology across the relevant schedules.
Finally, we see that this instrument makes amendments to confirm that certain references to Great Britain are also applicable to the Isle of Man. This addresses the issue and risk of double taxation of goods moved between the Isle of Man and Northern Ireland. The Opposition will, of course, not oppose this instrument, as it is important that regulations are clear, and it is right that these errors are corrected through the SI. For the sake of clarity, however, can the Financial Secretary set out what, if any, negative impact the legislation has had in its unamended state?
The Customs Tariff (Establishment and Suspension of Import Duty) (EU Exit) (Amendment) (No. 2) Regulations 2021 are made in relation to part 1 of the Taxation (Cross-border Trade) Act 2018 and seeks to amend the Customs Tariff (Suspension of Import Duty Rates) (EU Exit) Regulations 2020 and the Customs Tariff (Establishment) (EU Exit) Regulations 2020. This second instrument we consider today amends the definition of
“Suspensions of Import Duty Rates Document”
in the Customs Tariff (Suspension of Import Duty Rates) (EU Exit) Regulations 2020 to refer to a revised document: the “Tariff Suspension Document”.
The Customs Tariff (Establishment and Suspension of Import Duty) (EU Exit) (Amendment) (No. 2) Regulations 2021 goes on to amend a typographical error and revise the definition of
“Tariff of the United Kingdom”
to refer to another separately published document, which contained a number of errors and inconsistencies. We will not oppose this instrument, as it is important that tariffs are applied accurately and fairly and that the law concerning those tariffs is unambiguous and that its language is appropriate and accurate.
I have sat in Committees considering statutory instruments that sought to amend errors, and I dare say that I may again. Impact notes routinely describe a negligible impact arising from such amendments, but I am concerned that errors keep piling up. I would be grateful if the Financial Secretary could consider committing to a cumulative impact study of all these errors, perhaps to be reported when we inevitably next sit in this Committee room to correct further errors.
Richard Thomson (Gordon) (SNP)
It is a pleasure to serve under your chairmanship, Ms Rees. I am grateful for the opportunity to give a single transferrable speech, which will speak to both measures. The Scottish National party will not be opposing the instruments either.
To be charitable, the statutory instruments before us fall under the category of legislation that is dull but necessary. Of course, I would rather they were not necessary at all, both because of the fact that we have left the European Union and the manner in which we have left. I have just come from speaking to the urgent question on the Northern Ireland protocol, where I made the point—to universal indifference—that the best way to remove the current friction in our legal trading relationship between Great Britain and Northern Ireland is to reduce the friction that exists within the relationship between Great Britain and the European Union.
The alternative is what we see before us today: an endless complexity of myriad make-do-and-mend measures, which need to be brought in to try and correct the unforeseeable, the oversights and the inevitable errors that creep in. That approach risks confusing everyone, while satisfying few. The two measures in front of us are necessary, and they have the SNP’s support, even if we wish that they did not have to be discussed here today.
Mr Steve Baker (Wycombe) (Con)
I am delighted to have this rare opportunity to speak in a Delegated Legislation Committee. It seems these days that I only obtain this pleasure by swapping with a colleague, and I cannot think why there is a reluctance to appoint me.
I absolutely welcome the simplified accounting schemes, and I commend to Ministers the idea of going further to simplify them. In particular, I hope the Minister could tell us whether it is possible to increase the £135 limit on the IOSS, because the more people who are drawn into simpler schemes, the better. Since he raised the issue, I hope that the hon. Member for Gordon will cast his mind forward with his own arguments to the idea of Scotland leaving the UK while the UK remains out of the European Union. His arguments this morning might come back to haunt him.
It is tempting to say that, until today, I had no idea that our excellent Government and officials could make minor or consequential errors, but that would be to mislead the Committee. I am grateful that these corrections are being made. These instruments enable UK companies to participate in EU member state VAT schemes. Will my right hon. and learned Friend the Minister reassure me that EU law and the jurisdiction of the European Court of Justice will not end up extending over UK businesses, other than those that actually do business in the EU?
Paragraph 8.1 of the explanatory memorandum to the VAT regulations says that the legislation ensures
“that the UK’s e-commerce VAT regime operates as required by the NI Protocol.”
Will my right hon. and learned Friend set out the extent to which she thinks the Northern Ireland protocol constrains the UK’s e-commerce VAT regime overall? I very much hope the Government are able to suspend other tariffs, and keep them suspended, in the interests of free trade.
Lucy Frazer
It is great to see Parliament working at its best—when there are constructive comments in which everybody agrees with the principle of what the Government are doing. I am grateful that the Opposition Members are not opposing these necessary measures.
The hon. Member for Ealing North mentioned errors. I want to highlight that there are 16,000 tariff lines and 8,000 pages of legislation, and we are correcting six errors. The legislation was put in place at pace. Of course, errors are unfortunate, but these were very small. he also asked about a cumulative impact statement. We do produce impact statements, but I will take his suggestion away.
I would like to address the points made by my right hon. Friend the Member for Wycombe—
Lucy Frazer
Then I will address the points by my hon. Friend the Member for Wycombe. It is the Government’s policy to simplify taxation more broadly. We want to simplify our relationship with Northern Ireland, and we are progressing negotiations to achieve that. He has asked me a couple of questions that, unfortunately, go beyond the ambit of this narrow debate on VAT legislation and correcting minor errors about the relationship between businesses, EU law, the jurisdiction of the Court and the Northern Ireland protocol. I know that those matters are dear to his heart, but all I can say is that we are trying to achieve an appropriate landing point that is satisfactory to the people of Northern Ireland and the EU in the negotiations between Lord Frost and the EU negotiators. On that basis, I commend the statutory instruments to the House.
Question put and agreed to.
CUSTOMS TARIFF (ESTABLISHMENT AND SUSPENSION OF IMPORT DUTY) (EU EXIT) (AMENDMENT) (NO. 2) REGULATIONS 2021
Resolved,
That the Committee has considered the Customs Tariff (Establishment and Suspension of Import Duty) (EU Exit) (Amendment) (No. 2) Regulations 2021 (S.I. 2021, No. 1191).
Nuclear Energy (Financing) Bill (Third sitting)
Thursday 18th November 2021
(2 years, 5 months ago)
Public Bill CommitteesRead Full debate Nuclear Energy (Financing) Act 2022 View all Nuclear Energy (Financing) Act 2022 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 18 November 2021 - (18 Nov 2021)
The Committee divided: - Ayes: 5 / Noes: 8 - Question accordingly negatived.
The Chair
I have a few preliminary reminders for the Committee. Please will you switch all your electronic devices to silent? No food or drink is permitted during sittings of the Committee, except for the water provided. I encourage Members to wear masks when they are not speaking. That is in line with Government guidance and that of the House of Commons Commission. Please give each other and members of staff space when seated, and when entering and leaving the room. Hansard colleagues will be grateful if Members could email their speaking notes to hansardnotes@parliament.uk.
We now begin line-by-line consideration of the Bill. The selection list for today’s sitting is available in the room and it shows how selected amendments have been grouped together for the debate—there is one change. Amendments grouped together are generally on the same or a similar issue. Please note that decisions on amendments do not take place in the order in which they are debated, but in the order they appear on the amendment paper. The selection and grouping list shows the order of debates. Decisions on each amendment are taken when we come to the clause to which the amendment relates. Decisions on new clauses will be taken once we have completed consideration of the existing clauses of the Bill. Members wishing to press a grouped amendment or new clause to a Division should indicate when speaking to it that they wish to do so.
We will start with amendment 1 to clause 1, but first, Dr Whitehead, did you wish to talk about the change to the selection list?
Dr Alan Whitehead (Southampton, Test) (Lab)
Thank you, Ms Fovargue. It is a pleasure to serve under your chairmanship. I want to say two things before we go into detailed line-by-line discussion: one is on the order in which we are debating the Bill—clause 1, clause 2 and so on. The other is to say to the Committee before we start that Her Majesty’s Opposition voted in favour of the Bill on Second Reading and, therefore, we hope that the amendments before us will be seen and discussed in that light, which is that they seek to strengthen the Bill and to address specific concerns that we have about elements, in particular the RAB—regulated asset base—process.
The Chair
Order. This should just be about the amendments and groupings; there can be no general statements about the Bill. Is everyone content to group amendments 1 and 2 together?
Mark Jenkinson (Workington) (Con)
Ms Fovargue, I draw the Committee’s attention to my entry in the Register of Members’ Financial Interests. It is a matter of public knowledge that I worked in the nuclear industry before my election to this place.
Clause 1
Key definitions for Part 1
Matthew Pennycook (Greenwich and Woolwich) (Lab)
I beg to move amendment 1, in clause 1, page 1, line 15, at end insert—
“(6) ‘Owned by a foreign power’ means owned by a company controlled by a foreign state and operating for investment purposes.”
This amendment is a definition of “foreign power” set out in amendment 2.
The Chair
With this it will be convenient to discuss amendment 2, in clause 2, page 2, line 14, at end insert—
“(c) the nuclear company is not wholly or in part owned by a foreign power.”
This amendment prevents the Secretary of State designating a nuclear company owned or part-owned by the agents of a foreign power.
Matthew Pennycook
It is a pleasure to serve with you in the Chair, Ms Fovargue. The amendments you have grouped stand in my name and that of my hon. Friend the Member for Southampton, Test.
Taken together, the purpose of amendments 1 and 2 is to ensure that in enabling nuclear companies to benefit from the RAB model and for the Government thereby to bring a large-scale nuclear project to a final investment decision by the end of this Parliament, as they are committed to do, the Bill nevertheless makes it clear what kind of companies it would be inappropriate for the Secretary of State to designate for that purpose. In moving the amendment, my assumption—Government Members may correct me if I am mistaken—is that the Committee as a whole would accept that it would be inadvisable to allow some nuclear companies to own and/or operate a nuclear reactor on British soil. That is because civil nuclear power is, without question, critical national infrastructure, the compromise of which would have real implications for national security, given that any company owning and/or controlling such infrastructure would have direct access to the national grid.
Conservative Members, or indeed the Minister when he responds, may argue that the amendments are unnecessary, because no Secretary of State would choose to designate a nuclear company to benefit from the RAB model that posed any threat to national security. Yet it is precisely because previous Secretaries of State have been content to allow companies that the Opposition would argue should never have been given the opportunity to own and operate UK nuclear plants that we believe we need such additional safeguards in the Bill.
Put simply, we want to ensure that the legislation is amended so that this Government, or any future Government who might wish to use the RAB model for new nuclear, cannot make the kind of error that was without doubt made in recent years. Namely, a company owned and directly controlled by a foreign state—a state that the integrated review is clear poses a systemic challenge to our security, prosperity and values—was given the opportunity to own and access critical national infrastructure.
I will touch on the way in which the Government might, if they were minded to accept our amendments or table modified versions of their own on Report, differentiate companies owned and directly controlled by a foreign power and those in which a state merely has a majority financial stake. Before that, I will examine the error that I have mentioned and the lessons we might draw from it to improve the Bill.
On Second Reading, we made it clear that our strong view is that although the Bill has the appearance of a general piece of enabling legislation, it is in practice concerned solely with the future of Sizewell C, as the last potential nuclear project that could conceivably begin to generate by the end of the decade.
Alan Brown (Kilmarnock and Loudoun) (SNP)
I note that the hon. Gentleman was choosing his words carefully. We all know that it is about the China General Nuclear Power Corporation; many people have concerns about its involvement in the nuclear sector, which I echo. He talked about when a state is a majority shareholder, which includes EDF in France, but surely the amendment says
“not wholly or in part”.
As France is a majority shareholder in EDF, would that not eliminate EDF from participating in the RAB exercise for Sizewell C?
Matthew Pennycook
The hon. Gentleman pre-empts what I will come on to say. We are keenly aware of the need to differentiate different types of companies, which is why, thankfully, the Chair has allowed me to group this amendment with amendment 1, which clearly defines what we mean by “owned by a foreign power”. It is not just owned by in terms of a majority stake, but directly controlled by in the way that I would argue EDF is not.
To return to the involvement of the China General Nuclear Power Corporation in UK nuclear more widely, we believe that the case of Sizewell C illustrates precisely why amendments 1 and 2 are required. Driven by an almost embarrassing enthusiasm for Chinese investment, which was shared and arguably surpassed by the coalition Government that preceded it, the Cameron Government eagerly embraced Chinese involvement in UK civil nuclear energy. As a result, Hinkley Point C, while largely financed by EDF, is underpinned by effectively foreign Government part-financing in the form of a 33.5% interest on the part of China General Nuclear Power Corporation.
When the final investment decision for Hinkley Point C was approved, associated heads of terms were agreed for CGN to take a 20% stake in Sizewell C and to secure majority ownership, complete control of planning and financing, and unfettered operation of the nuclear plant at Bradwell-on-Sea in Essex that would incorporate, subject to generic design approval, a Chinese-designed Generation III Hualong One reactor. Bradwell B was always the ultimate prize for CGN and why it was willing to take a significant stake in the Hinkley plant and a minority stake in the development work to progress Sizewell C toward a final investment decision.
As far as we can ascertain, although the present Conservative Administration have never said as much—I invite the Minister to remedy that if he wishes—there is now a general acceptance that acquiescing in the construction of a piece of critical national infrastructure at Bradwell that would be designed, planned, owned and operated by a subsidiary company of a Chinese state-owned enterprise, and, as all SOEs are in China, controlled ultimately by the Chinese Communist party, was perhaps not the wisest decision that the Cameron Government made.
Furthermore—I do not believe a Minister has said this explicitly, so I urge the Minister to provide greater clarity to the Committee when he responds—I take it as read that the present Government now take the view that such an arrangement is no longer tenable, and that it is their intention to remove the influence of the People’s Republic of China from the Sizewell C project entirely, and, should any new nuclear view on that project prove necessary, the future UK nuclear programme more widely.
The press release accompanying the publication of the Bill stated:
“The RAB model will reduce the UK’s reliance on overseas developers for financing new nuclear projects”.
The Committee will appreciate that that statement is not a clear declaration of intent when it comes to rolling out foreign Government part-financing, ownership and control of civil nuclear power in this country. If it is the Government’s intention to end foreign Government part-financing and ownership of new nuclear projects, the Committee should be told what that means in practice for the October 2016 Sizewell C strategic investment agreement, as well as what the Government’s reneging on that deal would mean for CGN’s 33.5% stake in Hinkley Point C. More specifically, it is right that the Committee is also given a sense of how, assuming it has been determined, the Government intend to remove the CGN minority stake from the Sizewell C company, or, if it has not, the various options being considered.
That brings me to the £1.7 billion committed to nuclear in the recent Budget, the purpose of which, according to the Red Book, is
“to enable a final investment decision for a large-scale nuclear project in this Parliament”—
the very same intention that we are told is the purpose of the Bill. As I am sure Members will appreciate, that statement contained in the Red Book is wilfully obscure. Given that Sizewell C is, as I have said, the last potential nuclear project that could conceivably begin to generate by the end of this decade, and the fact that this Bill creates the funding model that will almost certainly enable a final investment decision on it to be made, the Minister needs to be more transparent with the Committee about the future of the CGN minority stake, because the answer could have real implications for the applicability of the funding model set out in this legislation, and, as a result, the bills that consumers in all our constituencies will pay in the years ahead.
We heard from Professor Stephen Thomas in our evidence session on Tuesday that the cost of buying out the CGN minority stake in Sizewell C is likely to be a tiny fraction of the £1.7 billion allocated to nuclear in the Budget, so what will the rest of that public funding be used for? Will it in whole or in part be used to finance Sizewell C beyond financial closure? If so, how do the Government intend to require the consortium to allow them to participate, and will the investment of direct public funding, if made, have any impact on the amount of RAB financing that will be required for Sizewell C to proceed?
Whatever the £1.7 billion committed to in the Budget is ultimately used for, the involvement of CGN in UK nuclear power over recent years illustrates the risks associated with foreign states, particularly ones of an authoritarian nature, financing and operating critical national infrastructure. We should not only learn the lessons of that, but ensure that clauses 1 and 2 are tightened so that the Bill cannot be used to facilitate such involvement in the future. That is the purpose of amendments 1 and 2. Taken together—this follows on from the point made in the intervention earlier—they would ensure that the Secretary of State cannot designate a given company to benefit from the RAB model provided for in the Bill if the company in question was owned and directly controlled by a foreign power. Their combined effect would not be to prevent the coming together of consortia that are not UK majority-owned. That would almost certainly render future projects unviable or more costly, but the amendments’ incorporation in the Bill would ensure that consortia drawing upon the RAB model could not include investors owned and controlled by a foreign state.
The use of the word “controlled”, as per amendment 1, is critical. This follows on from the point I made in response to the hon. Member for Kilmarnock and Loudoun. We are acutely aware that in attempting to amend the Bill to prevent a company such as CGN from benefiting from the RAB model, we would not wish to prevent all companies in which states have a majority interest—EDF is the most obvious example—from doing so. That is why amendment 1 specifically defines “owned by a foreign power” as one owned and controlled by a foreign state.
I hope the Minister responds to the amendments in the constructive spirit in which they have been tabled and that the Government will see the value of incorporating them into the legislation.
Alan Brown
It is a pleasure to serve under your chairwomanship, Ms Fovargue. In my intervention, I wondered if the amendments would technically preclude EDF under the RAB scheme. I hoped that the amendments were a stalking horse for Labour to come round to our way of thinking regarding a new nuclear power station, but unfortunately, that does not seem to be the case.
That said, I support the amendments. It is crazy that decisions have not been made before now about excluding China General Nuclear from critical infrastructure. The UK Government probably acted on the back of the United States’s actions to remove Huawei from critical telecoms infrastructure, so it makes no sense that a Chinese state-operated nuclear company is allowed to participate and invest in and possibly, if it gets its way, construct a new power station at Bradwell. That makes no sense. I would like to hear what the Minister has say about that. In principle, I support the amendments, although, ideally, I would rather we were not doing new nuclear.
Dr Whitehead
Continuing briefly from my initial remarks, I want to make it clear that the amendments—and all our other amendments—are based on the idea that the Bill should be strengthened, not subverted in any way. I can assure the Committee that the hon. Member for Kilmarnock and Loudoun’s hope that these two amendments are a stalking horse to remove EDF from the project is certainly not the intention. The intention is precisely to ensure that the nuclear programme in this country is sound, robust and integral to our security in all senses of the word.
We do not think the amendments will do anything other than put us in a much better position to ensure that the financing of nuclear is done on a clearer footing and on the basis that we know who is putting money into the project, in this instance Sizewell C. I concur with my hon. Friend the Member for Greenwich and Woolwich that effectively the Bill is pretty much about how Sizewell C gets going, comes to financial closure and gets into its construction period so that it produces electricity in good time for the grid.
It is important that the Committee thinks carefully right at the beginning of its proceedings about how we want to framework that nuclear financing; how we want to framework the arrangements which, after all, will be the umbrella under which we have all our other discussions in Committee. The framework that we have at the moment, particularly for Sizewell C, as my hon. Friend has set out, is a sequence of memorandums and a number of things further to memorandums, which appear to lock our nuclear development into an arrangement with the Chinese General Nuclear Power Corporation, which is very much an instrument of the Chinese state. Although companies have been set up—set up for the purpose of engaging in Hinkley—with one nominated director, given who those nominated directors are and how they go back to China it is very clear that those companies are centrally state-controlled, and are state-controlled vehicles for investment—just as we have stated in our amendment—for the promotion of that particular foreign power’s interests, in this instance in nuclear power.
Given those interests in nuclear power, it is important that we do not lose sight of the overall scheme of things in considering investment or otherwise in Sizewell C. It is important to understand that the deals, as it were, that were made between 2013 and 2016 were very much about that sequence of events leading from investment in a power station with a minority stake, with a reactor that would be built in France, within a framework of a company controlling that, that is a private company but has substantial state connections, but nevertheless is a very different model from what we are faced with regarding the CGN investment.
So there has been a sequence of events that starts with Hinkley C, with a minority stake, a French reactor and a French company with its own investment in the majority of the plant, and then a contract for difference at the end of it for production, moving to the second event in the sequence, which was envisaged at that time to be Sizewell C, with an undefined arrangement at the time for investment elsewhere in the plant, but a clear stake in that plant, beyond financial closure, of the Chinese General Nuclear Power Corporation, coming to 20%. And then would come the prize at the end of the sequence—certainly the prize for the Chinese Government—of the entry into European nuclear development for the first time of a Chinese reactor, the Hualong One. That would be the basis of a Bradwell nuclear plant. That reactor would separately go through a generic commissioning process; the initial moves towards that are being made. That reactor would then be at the core of the Bradwell plant, and Bradwell would be majority-owned, run, controlled and operated by the Chinese state nuclear corporation.
So, leading down the path of that sequence, Sizewell C being a stopping-post in that sequence and the end of it being Bradwell, is obviously the nuclear project that we are discussing at the moment. Therefore, the part-ownership of the nuclear company must be seen as integral to that overall process and that overall agreement; and if we do nothing and say nothing about that involvement, we are effectively condoning that whole sequence of agreements.
Those agreements were initially made in the form of a memorandum of understanding on civil nuclear collaboration in 2013, and effectively those stakes that I mentioned were set out then. George Osborne, the then Chancellor, stated that Chinese companies were taking a stake, including potential future majority stakes, in the development of the next generation of British nuclear power. So, it was pretty explicit, certainly from the UK Government side, what they thought that sequence was going to be about, and it was actually pretty similar to the idea that the Chinese had, as far as their involvement in nuclear was concerned.
That was followed, during Chinese President Xi Jinping’s state visit to the UK in 2015, by a “Statement of Cooperation in the Field of Civil Nuclear Energy”, which welcomed the minority investment and the proposal for a Chinese-led project at Bradwell B in Essex. What is less well known is that that was followed by a very lengthy document, “Secretary of State Investor Agreement”, which was primarily about investment by a number of parties, including CGN, in Hinkley but which also related to the whole sequence. It is arguable, therefore, that there is a substantial lock-on of Chinese involvement not just in 20% of Sizewell but in the whole sequence, as laid out in the various memorandums of understanding and the investment agreements undertaken between 2013 and 2016.
The question is: what are we going to do about it? The proposal is for a RAB scheme to cover the project’s investment costs. A decision will have to be made about how the RAB scheme will work and we will discuss the detail later, including how Ofgem will set out the allowable costs that form the backbone of a RAB agreement. Ofgem will have to assess the overall allowable ceiling for the project costs, particularly in its construction phase but also during its production phase. That will form the basis on which the money to meet those costs will be taken in from the general bill-paying public. The ceiling for those allowable costs will be determined to a considerable extent by how much investment is likely to be required and, therefore, how much of it will have to be underpinned by the RAB arrangement at the Sizewell plant. If a substantial part of the plant is to be financed by the China General Nuclear Power Corporation, then logically the allowable costs would relate to the rest of the required investment, rather than all of it. Crucially, the decisions and discussions that this Committee is going to enter into will be determined by what that 20% consists of.
The Red Book offers a tantalising clue as to what that might be. As my hon. Friend the Member for Greenwich and Woolwich said, a total of three lines focus on the £1.7 billion of new direct Government funding being made available, essentially for the Sizewell C project. He said that the Red Book is possibly wilfully obscure; it is certainly obscure, and for a number of reasons. All the Budget and spending review document has to say about the £1.7 billion Government funding is that it is being provided
“to take a final investment decision this Parliament, subject to value for money and approvals.”
The Chair
Order. We will suspend for a few seconds to enable the sitting to be broadcast more clearly.
The Minister of State, Department for Business, Energy and Industrial Strategy (Greg Hands)
Thank you, Ms Fovargue. It is a pleasure to serve under your chairmanship. I look forward to working with Committee members as we scrutinise this important and timely Bill. To begin, I want to briefly remind Members of the purpose and background of the Bill.
As all Members will agree, it is vital that the UK continues to lead the world in tackling climate change. That is why we have committed to a 78% reduction in emissions compared with 1990, as well as fully decarbonising our power sector by the year 2035, which will mean ensuring that the UK is entirely powered by low-carbon electricity, subject to security of supply. To deliver that, we will need new nuclear power plants, which are the only proven technology deployed at scale to provide continuous, reliable, low-carbon electricity.
Alan Brown
The Bill is mainly about Sizewell C. Can the Minister tell me where any European pressurised reactor is operating at scale connected to the grid at this moment in time? He is talking about proven technology.
Greg Hands
I am speaking in a general sense about nuclear being a proven technology, deployed at scale. That has been the case since 1957 or ’56, with the very first nuclear power plant in the world here in the United Kingdom at Calder Hall just by Windscale.
However, it is clear that we need a new funding model to support the financing of large-scale and advanced nuclear technologies. The Bill will deliver that, in the form of the regulated asset base model. I am sure the Committee will discuss the detail throughout our sittings, so I do not intend to go into the minutiae now, but I want to outline the Government’s position that this is the best way of delivering new nuclear projects while delivering value for consumers.
I am glad that the Opposition recognised that point through their support for the Bill on Second Reading. That support has been reiterated today by Her Majesty’s official Opposition, if not by the Scottish National party. I am grateful for their useful contributions on Second Reading and look forward to further discussions in Committee. Similarly, I recognise the interesting points raised by the SNP in that debate. I recognise that the SNP has a principled—if, in my view, irrational—objection to new nuclear projects. Nevertheless, I am pleased to subject the Bill to the SNP’s careful scrutiny as well.
I hope that as we move through Committee and the rest of proceedings on the Bill, we can work in collegiate and co-operative ways, considering the individual clauses of the Bill to ensure that it can meet its objectives. I think that was the position laid out by Her Majesty’s loyal Opposition at the start of the debate.
I turn to amendment 1, tabled by the hon. Members for Southampton, Test and for Greenwich and Woolwich. It is linked to amendment 2 to clause 2, and I am happy to debate both together. The amendments seek to insert as a criteria for designation that the company is not wholly or partially owned by a foreign country. I want to touch briefly on the implications that the proposed definition could have for the wider policy of financing nuclear projects in this country.
If the definition as drafted could rule in all companies that were seen to be controlled by state sponsors, it could thereby rule them out of eligibility for a RAB. The RAB allows us to bring new sources of financing into nuclear projects and reduce our reliance on overseas developers, but it is not credible to introduce a blanket exclusion on developer participation in RAB companies, many of whom are to some degree state-sponsored, including some of our closest international partners. One has already been named during proceedings on the Bill and in Committee this morning.
I am sure that the intention of the hon. Members does not lie in that direction, as that could make it much harder to bring new, appropriate projects to fruition. We should never forget that the Bill’s purpose is to make it more possible to finance nuclear projects in the future, not less so. However, I welcome the focus on national security in one of the UK’s key infrastructure networks, a point made by Her Majesty’s Opposition. We will no doubt focus on that matter fully in our consideration of all the amendments.
I will take the points raised in turn. The hon. Members for Southampton, Test and for Greenwich and Woolwich both asked what the £1.7 billion in the Budget and spending review is made up of. We had an extensive debate on the Budget—I think it was four days in all—and there was a chance to examine this, but I will now reiterate the purpose of the money.
Alan Brown
The Minister will have noticed in the evidence session on Tuesday when I put the question to the Sizewell C company about the derivation of the £1.7 billion and what discussions the company had had with the Government about that, the lady did not seem to know, or to believe there had been discussions with the Govt. How does this £1.7 billion get defined if the Sizewell C company does not know its derivation?
Greg Hands
To be fair, I also listened carefully to Sizewell C’s evidence, and the company will be as aware as we are that this is an active negotiation. I was not in any way surprised that Sizewell C’s representative did not wish to be drawn on the question of exactly where the £1.7 billion would be deployed. We have outlined in the Budget document the sorts of areas that would be in scope. None the less, this is an active financial negotiation.
Dr Whitehead
Does that mean that the evidence that was given to us in our session with Sizewell C was not correct, or was ill-informed? Or was it informed, but matters have moved on since then? Or was it—
Dr Whitehead
Was it, indeed, as the hon. Member for Bolsover suggests from a sedentary position, diplomatic? If so, was that diplomatic answer given after any sort of instigation from the Government, or was it just diplomatic on the basis that Sizewell C did not want to tell us?
Greg Hands
I do not think the hon. Gentleman is correct. It is not fair to conclude that the evidence from Sizewell C was incorrect, or that it was ill-informed in any other way. This is an active commercial negotiation. We have laid out the parameters of the £1.7 billion, and is in no way surprising that our negotiation partners may not wish to comment on what they think it is likely to be spent on. After all, it is taxpayers’ money, which will be deployed by this Government to move forward a nuclear project.
Alan Brown
The Minister made a key point: this is taxpayers’ money. Surely, we as taxpayers have a right to know, even roughly, what services will be procured from this £1.7 billion. I would still expect the Sizewell C company to have discussions with the Government and say, “We need to do x, y and z in order to de-risk this project and get it to the final investment decision stage”.
Greg Hands
I would say two things in response. First, Sizewell C may not feel it is appropriate to comment on the deployment of taxpayers’ money. Secondly, I know from long experience of Government that often the best way of securing taxpayers’ money in a negotiation is not to reveal too much about what approach the Government might be taking. We have laid out in the Budget document, which was quoted by the hon. Member for Southampton, Test, what we think is going to be in scope—what the £1.7 billion might be spent on.
The hon. Member for Greenwich and Woolwich asked a more general question about China. He asked whether this was about sending a message to China, or words to that effect. The answer is no. The UK welcomes foreign investment in our infrastructure, but as we have always said, that should not come at the expense of our national security. It is already the case in UK law that all investment involving critical nuclear infrastructure is subject to thorough scrutiny and needs to satisfy our robust national security and other legal and regulatory requirements. The National Security and Investment Act 2021 also strengthens our powers to act should we need to.
Matthew Pennycook
I take the point about the National Security and Investment Act. The Minister will know that that was given Royal Assent only in 2021. The strategic investment agreement that applies to Sizewell C was signed off—agreed—in October 2016. I think that I am right in saying that the National Security and Investment Act does not apply retrospectively, so how does it cover the specific arrangements in place as a result of that deal? Can he expand on what regulation is in force to give us assurance about safeguards in relation to foreign states and investment in civil nuclear?
Greg Hands
I thank the hon. Gentleman for that intervention. Of course, the final investment decision has not yet been taken on Sizewell C. All the relevant parts of the NSI Act will be in place—he is right to say that it got Royal Assent this year—but that final decision has yet to be taken.
The hon. Gentleman asked about Chinese involvement at Hinkley. May I be absolutely clear? The Bill is not reopening that decision. Hinkley Point C is vital to reducing our reliance on fossil fuels and exposure to volatile global gas prices. CGN is a partner in financing and building that important project. There is no involvement by any Chinese company in any major contract at Hinkley, including the instrument and control system.
As for Sizewell, to be clear, this Bill does not determine the ownership structure of Sizewell C or any other future nuclear project. That is another really important point to understand about the Bill. The Bill increases our options for financing nuclear projects, ending our reliance on overseas developers for finance—we are not excluding overseas developers—which has led to the cancellation of other nuclear projects in the UK. It will ensure that our own new nuclear power plants can be financed by, for example, British pension funds and institutional investors—often from our closest partners. That is the purpose of it.
Matthew Pennycook
I would like to pick up and press the Minister on the thrust of amendments 2 and 1, which is a consequential amendment. I take what he is saying about the purpose of the Bill being to attract, potentially, more UK investment—we do not know how much, but potentially—and about not wishing to exclude foreign investment. I take the point that he made earlier about the language used in our amendments and how he sees it as meaning a blanket ban. I would argue that it does not have that intent. There are complexities here, but does he not differentiate in his own mind between state-sponsored companies and state-controlled companies—controlled by foreign powers—that his own Government say pose a systemic challenge, and if he does, why does he not think that it is worth putting this in the Bill? Surely there is a need to differentiate and ensure that those types of companies—the latter—are not able to access RAB funding.
Greg Hands
I thank the hon. Gentleman for that intervention. Looking at the amendments, amendment 2 states that
“the nuclear company is not wholly or in part owned by a foreign power”
and amendment 1 states that owned by a foreign power means
“owned by a company controlled by a foreign state and operating for investment purposes.”
To be frank, I have a different interpretation, or at least I am not fully seeing his interpretation as being what he has in the amendment. The amendment strikes me as being worded in such a way that it could, for example, include nuclear operators from some of our closest partners. I look at what I see in front of me, rather than necessarily what Her Majesty’s loyal Opposition say that something might mean.
Matthew Pennycook
If the Minister is unhappy with our language, will he undertake to introduce Government language on Report that satisfies that differentiation?
Greg Hands
As I have made clear, we think that the Bill adequately addresses these issues, particularly in combination with the National Security and Investment Act, so I do not see it as necessary for us to make any further clarification. Ultimately, the Bill is about bringing in more financial options for future nuclear power, not cutting them.
The hon. Member asked about Bradwell. To reiterate, that is not a decision for now. CGN does not have regulatory approval for its reactor, nor has it submitted any applications to build a nuclear plant in Essex. We are in negotiations for Sizewell C, as the most advanced nuclear project in the UK.
Dr Whitehead
I am afraid the Minister cannot have it both ways. Either the Bill is about financing Sizewell C or it is about financing nuclear power more generally, in which case Bradwell surely has to come into the equation. We could be committing today to a RAB model that could, in principle, help to fund Bradwell, if it goes ahead. It is part of the linked sequence that has already been agreed in heads of terms by the UK Government and the Chinese Government, effectively. He says that it is not a discussion for today, but that is true only if the Bill is just about Sizewell C, in which case his statement that the Bill is potentially about other things is not correct. Which is it?
Although the Bill is effectively about financing Sizewell C, it has implications elsewhere. The Minister says that it is not relevant because the Hualong reactor does not yet have generic approval. That is not a question of making a decision about the involvement of foreign powers or anything like that; whether the reactor gets generic approval for use in UK nuclear markets is just a technical issue. I presume that he would want the nuclear authority to take that line and to give approval, or not, on the technical merits of the Hualong reactor, not on who is running it. That is the issue, however, concerning Bradwell. It has nothing to do with generic commissioning or otherwise; it is a much bigger issue, and he needs to recognise that.
Greg Hands
The hon. Member is correct that this is about future nuclear projects, but I stress two things. The original question from the hon. Member for Greenwich and Woolwich was about the future of Bradwell. I am reflecting on the specifics in relation to Bradwell. Of course, nuclear projects going forward are what the Bill is all about, but I will not comment on specific projects potentially going into a RAB process, because that, as we will discover later, is a properly defined process, set out with approvals from the Secretary of State after consultations. The Secretary of State will make essentially two determinations: will the project provide value for money, and is it sufficiently advanced? It would not be proper to comment on whether a specific project that we discuss today will have the ability in future to meet the two most important criteria laid out in the Bill.
Let me say a few extra things about amendment 2. The legislation gives the Secretary of State the power to designate a nuclear company and to modify the company’s licence subsequently to include RAB conditions. The Bill requires the Secretary of State to consider the two criteria that I just mentioned when deciding whether to designate a nuclear project. The two criteria are that the development of a project is sufficiently advanced to justify the designation and that the project is likely to result in value for money.
The amendments seek to include additional criteria for the Secretary of State to consider before designating a project. As I said, amendment 2 requires that a nuclear company may not be owned by a foreign power. I have already raised concerns about the unintended consequences of that for our ability to pursue new nuclear projects in this country.
Matthew Pennycook
The Minister is being incredibly generous in giving way, which I appreciate. On the basis of what he just said, could CGN continue to be involved in a future project as long as those two criteria were met for that project, whatever it might be?
Greg Hands
The National Security and Investment Act is also involved, so I do not think it would be appropriate for me to prejudge that process. I would ask whether the project is at a sufficiently advanced stage, whether it is likely to result in value for money and also whether it fulfils the other criteria set out in the Government’s current legislative approach.
I will not go over the consequences again. It is enough to say that I think the amendments could threaten our ability to bring forward new nuclear projects, even with our closest international partners. I nevertheless appreciate the attention paid by Opposition Members to the protection of the UK’s core infrastructure; we are wholly aligned on its importance and centrality. Although we welcome inward investment to the UK civil nuclear sector, we recognise the need to ensure that that investment is subject to appropriate scrutiny and is in the interests of our national security.
To reassure Members, I will focus on the robust protections that we have in place to control who invests in our critical infrastructure, which gets to the heart of many of the interventions by Opposition Members. Under the National Security and Investment Act, the Government will have significant oversight of acquisitions of control in a nuclear project.
Significantly, the Government will be able to intervene in any qualifying transaction, including an acquisition that would take the holdings to 25% or more of the shares or votes in an entity, or an acquisition of material influence over an entity. Such qualifying transactions would be subject to a national security assessment and would require the approval of the Secretary of State for Business, Energy and Industrial Strategy to proceed. That is a very tough condition on the sort of involvement that is at the heart of the interventions made by Opposition Members.
The Act also provides the Government with the ability to call in any acquisitions for assessment if there are national security concerns. From that assessment, the Secretary of State can order the prevention or alteration of the acquisition. The final funding model of any nuclear project would also be subject to full scrutiny from the UK Government prior to a final investment decision.
As currently drafted, both amendments would appear to violate the commitments we made in article 129 of the trade and co-operation agreement with the European Union, in which we agreed that we would treat investors from the EU no less favourably than UK investors. There may be multiple views within the Committee about that agreement with the European Union—the hon. Member for Kilmarnock and Loudoun voted against it in the hope of no deal—but those of us who support it believe that that article is important. The discrimination that the amendment appears to propose towards some of our closest partners and operatives in the nuclear sector would therefore be undesirable policy-wise and could put us in a difficult position.
I hope that I have convinced Members that the Government take seriously the need to ensure the security of our nuclear energy assets, including who can invest in them, and that the amendments as currently drafted are not workable. I ask the hon. Member for Greenwich and Woolwich to withdraw the amendment.
Matthew Pennycook
I thank the Minister for his response. I also very much welcome his opining on the sanctity of the UK-EU trade and co-operation agreement—a refreshing change.
I agree with the Minister entirely that we are aligned on the importance of national security in our critical national infrastructure, but I am afraid he has not done enough to reassure me. From the argument he made, as long as the two criteria that he spoke to are met, it seems that we could still end up, having passed the Bill, with financing from companies such as China General Nuclear in future UK nuclear projects. Also—this is critical—because of the sequencing agreement that has been spoken about at length and has been agreed already, that would allow China in theory to own, plan, finance and operate a site at Bradwell. We might have not only CGN financing involved, but CGN operation.
I remain unconvinced by what the Minister said about the national security regulation that is in place. In essence, he said, “Trust the Secretary of State when the point of decision comes”, but we do not think that that is enough. We think this should be in the Bill. If he is unhappy with the wording of the amendment, I invite him to propose wording more appropriate to his mind, but that does the job. We will therefore press amendment 2 to a Division—not amendment 1, which is definitional in nature and consequential. I beg to ask leave to withdraw that amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Greg Hands
I think we have already had the debate, but I will say briefly that the clause defines the key terms referred to in part 1 of the Bill. Subsection (2) defines a “nuclear company” as one that holds an electricity generation licence granted by the authority for a nuclear energy generation project. The authority is the Gas and Electricity Markets Authority, the governing body of Ofgem.
The clause goes on to make a distinction between an ordinary licensed company and one that has been designated by the Secretary of State to benefit from a RAB through having its licence modified by the Secretary of State. Subsection (4) defines a “relevant licensee nuclear company”. To become one such, it is necessary for the company to have had its licence modified by the Secretary of State to insert RAB special conditions and to amend the licence terms. It is also necessary for the company to have entered into a revenue collection contract with a revenue collection counterparty, so that RAB funding may flow to the company’s project.
Alan Brown
I appreciate that the Minister has been generous with his time. Will he clarify whether Sizewell C has an electricity generation licence? I could not find that on Ofgem’s website.
Greg Hands
I will write to the hon. Gentleman on that specific issue, perhaps this afternoon. I need to check whether Sizewell C has such a licence. I will get back to him.
Those steps in the clause are necessary to make clear the different stages that a company goes through under the RAB model.
Question put and agreed to.
Clause 1 accordingly ordered to stand part of the Bill.
Clause 2
Designation of nuclear company
Amendment proposed: 2, in clause 2, page 2, line 14, at end insert—
“(c) the nuclear company is not wholly or in part owned by a foreign power.”—(Matthew Pennycook.)
This amendment prevents the Secretary of State designating a nuclear company owned or part-owned by the agents of a foreign power.
Dr Whitehead
I beg to move amendment 3, in clause 2, page 2, line 14, at end insert—
“(c) the Secretary of State is of the opinion that the nuclear company is able to complete the nuclear project.”
This amendment requires the Secretary of State to give a view that a designated nuclear company is able to complete the project for which it is designated.
I am grateful to you, Ms Fovargue, for grouping amendment 3 on its own so that we can talk about it in its own right. Like the previous amendment, it seeks to add into the clause the designation of a nuclear company. We have not talked about the designation process, although I am sure we will.
The designation process is where a nuclear company that appears to have an interest in a plant, and has at least taken some steps to develop it beyond the conceptual state, is then given a preferential initial contract and a window—again, we will discuss the timescale of the window later—where it goes through the various processes of modifications of its licence to set itself up to take part in a RAB. It agrees to various things relating to the counterparty in the RAB process and agrees the initial ceiling for allowable costs for the project, which it has at the time of designation brought to a position where work can start to proceed. It is therefore on a track, but not in the RAB process at that point.
We attempted to put a third designation criterion in the clause a moment ago, which states that the designation criteria are that
“the development of the nuclear project is sufficiently advanced to justify the designation of the nuclear company”.
In other words, the project is more than just a drawing board idea. As I am sure the Minister will be painfully aware, we have had a plethora of nuclear projects in this country at various stages of advancement that have fallen by the wayside for various reasons. Some of them were relatively advanced and some were just concepts, but they were all reflected in the original planning documentation in, I think, 2011 in terms of consortia and sites and various other things that were given an overall green light in the planning process. The sites were not designated in the sense we are considering here, for nuclear development, but it is certainly true that a number of the projects suggested for those sites would not have passed the designation test before us today on the work having been done to advance the project.
Alan Brown
I understand where the hon. Gentleman is going, but where is the fall-back?. The Secretary of State is desperate to get a nuclear deal signed off, so he just signs it off: “Yes, I am of the opinion that this project will be completed.” Ten years down the line, it all falls apart and the project cannot be completed, a bit like the Californian example. What protection would the amendment introduce? It seems that the Secretary of State can just sign this off based on his opinion. If there are repercussions down the line, they do not come back on that Secretary of State.
Dr Whitehead
The hon. Member makes an important point, at least part of which we will discuss when we come to the procedures under which a potentially failed project might be rescued or transferred to other undertakings so that it can be delivered and completed, or if already operating, can continue to operate.
Dr Jamie Wallis (Bridgend) (Con)
In what circumstances is it conceivable that a nuclear project would be deemed not to have a realistic prospect of completion but at the same time to be value for money?
Dr Whitehead
It is quite possible that the Secretary of State could deem the first two criteria on the basis of work that the company had done to approach designation. However, unless the Secretary of State has in mind the whole picture at the point of designation—in the previous group of amendments, we touched on some of the things concerning the whole picture—it would be possible for him to conclude that, yes, on the basis of the work done so far, the particular mechanisms looked like they might produce, say, value-for-money electricity at a rate per kilowatt-hour that was compatible with market levels of electricity at that point or in the future or with value for money as far as other electricity production is concerned, but he might still not have a handle on whether the undertaking that the nuclear company was about to engage in was sound in the overall, as far as completion was concerned.
The hon. Member for Kilmarnock and Loudoun touched on an important lesson in that respect, which ought to be put before the Committee. He mentioned a case in California—it was not quite in California; it was a little way a way, although it began with the same letter. I am talking about the experience of a nuclear power plant in South Carolina in the United States. When I say the experience of a nuclear power plant in South Carolina, I do not mean that—because there is no nuclear plant in South Carolina; there are a bunch of a concrete foundings, walls and various other things that look like a nuclear power station, but it does not operate, it has never produced a single kilowatt of electricity and it remains abandoned.
More significantly, that project not only was abandoned but was commissioned precisely on the sort of criteria that are contained in the Bill. All those things were gone through by the South Carolina legislature, which put in place something remarkably similar to a RAB. Indeed, the bill payers of South Carolina were required to stump up money for the project as it progressed, and I am sure hon. Members will be interested to know just how much money went from the bill payers of South Carolina to that project and how much they got out of it as a result of introducing a RAB model in South Carolina. The answer is nothing. Some £9 billion of customers’ money went into the project, and they will continue to pay for that lump of concrete for the next 20 years in their bills because of the way in which the thing was constructed, all on the basis of agreements that looked pretty similar to what is in the Bill.
What South Carolina did not do was ask serious questions about the resilience of the various partners and companies involved in the project in the light of changing circumstances in terms of the construction of the project and the health of the companies involved. Among other things, costs went through the roof, the timescale increased substantially and one of the companies that was in charge of the project effectively went bust—it called for chapter 11 protection and was therefore unable to continue with the project. All those things could have been foreseen by the South Carolina legislature, but were not. The project went ahead, with the customers footing the bill, as various reviews subsequent to the collapse of the nuclear programme said, on the basis of something that was extremely unlikely to ever come to fruition as a nuclear power plant, not only because of the dodgy nature of the financing of the project but because it had completely unrealistic timescales—those involved expected to produce electricity within six years from the start of production and so on, none of which was properly overseen.
Alan Brown
I appreciate the hon. Gentleman giving way once more; I am starting to feel like I am on a mission to annoy each contributor—apologies. He makes valid points, and I understand his concerns and what he is trying to do, but I still do not understand how the amendment would preclude such a scenario. Surely, as well as the amendment, the Secretary of State would need to look at a list of criteria, with their sign-off verifying what factors have been considered to reach the opinion that the project is viable. Otherwise, the Secretary of State could just say, “I think this project will be completed—let’s move on.”
Dr Whitehead
Yes, indeed. The hon. Gentleman is right, to the extent that the amendment does not actually guarantee the success of a project as a result of its placement in the designation clauses. Of course, it is not possible to do that, because changing circumstances can mean that projects cannot come to fruition. The difference the amendment would make is that the Secretary of State would be required to look at all those sorts of things in the overall scheme of things as far as the company and the prospects for success of a particular project are concerned, in such a way that he could form an opinion, which he would undoubtedly have to publish, that he was as satisfied as he could be, having done all that work, that the project had a very high prospect of being completed, and he would have to underwrite that.
One thing I did not say about the South Carolina project is that a lot of it is now the subject of legal action, and various state officials are being hauled up before the courts for their lack of diligence in actually looking at the overall circumstances of the project when they gave the go-ahead on a similar basis to that which we are discussing. If the Secretary of State had to sign off, on the basis of the amendment being in the Bill, that it was all okay and could go ahead, and it turned out that it was not okay and could not go ahead, under circumstances that could have been foreseen, he would then be liable. That is potentially quite an important concentration of the mind, ensuring that the work had been done, as much as it could be done—I accept that it would not be a perfect operation—to ensure that there was a reasonable or good prospect that the company involved could complete the project. That is all the amendment says. It would be an important addition to the designation process.
We need to be clear that, as much as we can do the work, we have done the work in getting the designation clearly marked on the basis that the company really can deliver a nuclear plant and produce electricity for customers. As I have said, we are engaged in a RAB process, which ultimately lands on the customers. We absolutely do not want to ever land the customers of the United Kingdom in the same position that the customers of South Carolina are in today, so far as a nuclear power plant is concerned.
Ordered, That the debate be now adjourned.—(Mark Fletcher.)
Judicial Review and Courts Bill (Ninth sitting)
(2 years, 5 months ago)
Public Bill CommitteesRead Full debate Read Hansard Text
The Committee divided: - Ayes: 5 / Noes: 7 - Question accordingly negatived.
The Committee divided: - Ayes: 5 / Noes: 7 - Question accordingly negatived.
The Chair
Before we begin, I have a few reminders for the Committee. Please switch any electronic devices to silent. No food or drinks are permitted during sittings of the Committee, except the water provided. Members are expected to wear masks when they are not speaking, in line with current Government guidance and that of the House of Commons Commission. I remind Members that they are asked by the House to have covid lateral flow tests twice a week before coming to the parliamentary estate. That can be done at home, or if you want to come into the House, you can have it done here. Please also give each other and members of staff space when seated and when entering and leaving the room. Hansard colleagues would be grateful if Members could email their speaking notes to hansardnotes@parliament.uk.
Clause 32
Employment Tribunal Procedure Rules
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to consider that schedule 5 be the Fifth schedule to the Bill.
The Parliamentary Under-Secretary of State for Justice (James Cartlidge)
The employment dispute resolution system has responded impressively to the challenges presented by the pandemic. Despite the enormous challenges they faced, employment tribunals have now succeeded in returning to pre-covid levels of hearings. I should stress, because we have had a wide-ranging debate about technology and the role of digitisation in the courts, that a key reason for that is that employment tribunals have been among the greatest users of technology in enabling hearings to go forward. However, they still face significant challenges from a growing backlog. The pandemic has highlighted the need for a speedy and efficient process for making and amending rules for the employment tribunals.
Since the establishment of employment tribunals in 1996 under the remit of the now Department for Business, Energy and Industrial Strategy, responsibility for the rules and governance of employment tribunals has rested with Ministers in BEIS, as the Department responsible for employment law. This is the only area of the tribunal system where responsibility rests with a Minister in another Department; all other matters heard in the justice system have procedural rules that are the responsibility of independent judicial-led committees or of the Lord Chief Justice.
Clause 32 transfers the powers to make rules for the employment tribunals from the Secretary of State for BEIS to the tribunal procedure committee. It also makes the same committee responsible for rules in the employment appeal tribunal. Being judiciary-led, the TPC is better placed to make these rules. The transfer will allow for the development of a more closely aligned tribunal system. It means that we can respond more quickly when we need to amend procedure rules, for example to help to address the backlog in claims or in circumstances such as the pandemic. Schedule 5, introduced by clause 32, gives the TPC the same powers to make rules for the employment tribunals and the employment appeal tribunal as for the first-tier and upper-tier tribunals, and aligns the rule-making process.
It is important that the TPC has the right knowledge and experience when considering making or amending rules. Schedule 5 provides for two additional members to sit on the TPC. One will be appointed by the Lord Chancellor and will have experience of practice or advising in the employment tribunals and the employment appeal tribunal. The second will be appointed by the Lord Chief Justice and will have experience of sitting in employment tribunals. This will ensure that the TPC can call on the right level of expertise when making decisions.
Andy Slaughter (Hammersmith) (Lab)
It is a pleasure to be here again under your chairmanship, Sir Mark. Let me say first that we are not opposed to what the Government are proposing in this clause and, indeed, this part of the Bill, which is largely administrative. There are a few issues that we wish to raise. I think that I can do that logically under this clause and then be very brief—or even silent—on some of the other clauses.
The Minister is right that employment tribunals—industrial tribunals, as they were—go back some years and have a distinct history. In some ways, they were the forerunners of the tribunal system, which has effectively overtaken them in terms of procedure and organisation. Employment tribunals have a broad jurisdiction for employment matters, save in important respects such as their very limited role in breach of contract cases and no role in relation to personal injury. They are administered by Her Majesty’s Courts and Tribunals Service, but are outside the tribunal structure.
As the Minister said, employment tribunals are under either the joint supervision of the Ministry of Justice and the Department for Business, Energy and Industrial Strategy, or the Secretary of State for BEIS. That is anomalous. There have been many attempts over the years to correct and address the issue. Such proposals were made back in the 2001 Leggatt review, so we are catching up after 20 years. There have been various other measures in the interim. The 2004 White Paper proposed a tribunal process that should be separate from both the civil courts and the rest of the tribunal structure. The 2015 Briggs review preferred to put employment tribunals in with the civil courts. A case can be made for either of those options, although the drawback of placing tribunals in the civil court ambit is the lack of provision for lay members. Lay members are an important part of how employment tribunals work, and we would be loth to lose them.
There can also be conflicts of interest. BEIS is quite a substantial employer, and there could be something of a conflict by placing this part of the tribunal system within a non-judicial Department. For all those reasons, and the fact that we have a working TPC, what the Government have proposed seems to have a certain logic. The “but” is—and this is a feature of the Bill generally—that opportunities are being missed.
The Law Commission recommended last year that the Government look at time limits for bringing claims, look again at the issue of breach of contract, which I have already mentioned, and look at the key element of enforcement. Many employees—despite the difficulty of bringing claims, particularly if they have been dismissed or the claims deal with complex issues of law—win their cases and then cannot enforce against the employer. There is nothing to deal with those points. The Minister began by saying he thought the tribunal law system is doing a good job, and the people who work within the employment tribunal system do a very good job. However, they work under a great deal of pressure, and the Government have contributed to that pressure.
We have the debacle over charging for bringing claims, which the Government introduced in 2012-13. Unsurprisingly, to anyone except perhaps the Government, the number of claims fell by two thirds after that. Consequently, they felt able to shut down large parts of the network. The Supreme Court ruled that unlawful and claims began to climb again, although a lot of the damage that was done has not been unpicked. The latest figures I have show that, of the £32 million that was supposed to be repaid to claimants, only £18.5 million has been repaid. That is shocking. It shows that people have been unlawfully deprived of what should rightfully be theirs and that they paid fees that were deemed to be unlawful.
The point here is that, the Government having depressed the level of claims in a dramatic and significant way, and then seeing them rise again, there has been no sufficient response to that. The backlog was down at 22,698 in March 2018, but according to figures from March this year—the Minister may have more recent ones—it is now at 50,287. That has more than doubled in two years. Part of the reason is that there has been no strategic effort to restore the employment tribunal system to what it was before earlier cuts were made. We are not short of suggestions. Last summer, the Employment Lawyers Association produced a long list of what the Government could do: through ACAS; reviewing of the administrative capacity of each tribunal; using standard case management procedures; dealing with case management applications on the papers; using hybrid hearings where accommodation is a problem; improving the provision of legal advice; and allowing multiple claims to be put on one claim form.
I would like to see a number of things in the Bill, and the Minister may be able to address some of these points when he responds. The Minister says the measures will make the process more streamlined, which they may do, but only up to a point. The proposals will address the real, chronic and ongoing problems in the employment tribunal system only to a limited extent. We have the debacle over the fees, where many are deprived of their rights and are unable to bring claims or, after bringing claims, are not refunded the money they are owed. There is a long wait to get to a tribunal—I think the average resolution time is 45 weeks, which is appalling—and we also have those problems with enforcement, even if employees win their case. The system really is in a parlous state. I wish there were measures in the Bill, or elsewhere, to address those issues.
James Cartlidge
I will respond briefly, because I really would emphasise that the clauses are limited in their impact on employment tribunals. I certainly hope that no one is under the impression that I am pretending they are a wholesale, comprehensive reform of the employment tribunal system. I have in no way implied that.
I welcome the recognition by the hon. Member for Hammersmith that it is, in his words, anomalous that the rule-making powers are held by the Department for Business, Energy and Industrial Strategy. To that extent, I therefore assume he welcomes the transfer. As he said, it certainly makes sense, and there are many positive aspects in its favour. Having more flexibility in the way the rules are made for employment tribunals will enable them to better respond to the backlog and related issues. Of course, that is not in itself enough to drive down the backlog or improve the overall user experience.
The hon. Gentleman asks what other steps the Government are taking. We are recruiting more employment tribunal judges. We also have a very positive initiative called the virtual region, which we estimate will save about 500 sitting days in employment tribunals. It is a virtual region of judges who, because cases are heard online, can sit pretty much anywhere in the country and hear an employment tribunal case anywhere else in the country, underlining how important technology has been.
It is a bit strange that, when my right hon. Friend the Member for South Holland and The Deepings—who is not here this morning—spoke about his desire to revert to in-person hearings and roll back the digital progress we are making, he seemed to get a lot of sympathy from the hon. Member for Hammersmith. If we were to do that in the employment tribunal sphere, we would have a massive backlog, and we would have far more limited means of dealing with it. I am bound to say that we would be reducing access to justice, both for those seeking to bring claims and in terms of the judicial ability to respond with things like the virtual region.
I will not go any further. One should recognise when clauses have a very specific purpose, which these do. The measure is positive and will help us to improve matters and, alongside some of the other things we are doing, it shows we are driving forward a positive agenda for employment tribunals.
Question put and agreed to.
Clause 32 accordingly ordered to stand part of the Bill.
Schedule 5 agreed to.
Clause 33
Composition of tribunals
Question proposed, That the clause stand part of the Bill.
James Cartlidge
The clause will make the Lord Chancellor responsible for determining the composition of employment tribunals and employment appeal tribunals through secondary legislation. That duty can be delegated to the Senior President of Tribunals, the President of Employment Tribunals, or the President of Employment Appeal Tribunals. It also sets out a framework within which the Lord Chancellor or the presidents must exercise the power. That is the same approach as in the wider unified tribunal system. The clause will align the approach taken in employment tribunals to those tribunals, and will ensure that panel composition is a judicial function.
That does not mean that we will lose the unique characteristics of employment tribunals, or that we intend to move away from the current structure. Rather, the clause will provide the necessary flexibility to ensure that the composition of an employment tribunal or employment appeal tribunal can be tailored to the needs of users and the complexities of cases. It will mean that the handling of cases can be streamlined while ensuring that tribunals have the right composition to make fair and informed decisions.
Andy Slaughter
Again, we do no oppose the change. I make only one point, which I think the Minister alluded to, but that it may be useful to have on the record. It clearly makes sense to give discretion to the Lord Chancellor in terms of the composition of tribunals, but the distinctive lay element of them has been successful over the years. We would not want the change to alter that. The presumption should be in favour of it, save in circumstances where there are good reasons to derogate from it.
James Cartlidge
An individual with experience of appearing before employment tribunals and an employment tribunal judge or lay member will be appointed to sit on the committee so that the needs of the wider employment sector continue to be represented in the rule-making process. The tribunal procedure committee is also able to request external expertise to support the development of rules, including a representative to reflect the needs of business.
Question put and agreed to.
Clause 33 accordingly ordered to stand part of the Bill.
Clause 34
Saving for existing procedural provisions
Question proposed, That the clause stand part of the Bill.
James Cartlidge
The clause ensures that existing procedure regulations and rules, including for tribunal composition, are not automatically revoked by these measures. That means that cases will continue to be dealt with under existing procedure rules until the TPC makes new procedure rules. Cases will continue to be heard by panels made up of the existing composition until the Lord Chancellor makes new regulations. That will allow the transition between the existing provisions and new employment tribunal procedure rules to be managed appropriately.
Question put and agreed to.
Clause 34 accordingly ordered to stand part of the Bill.
Clause 35
Exercise of tribunal functions by authorised persons
Question proposed, That the clause stand part of the Bill.
James Cartlidge
The introduction of legal case officers has played a valuable role in helping employment tribunals to tackle the demands of the pandemic. They free up judicial time by allowing straightforward non-contentious administrative decisions to be made by legal case officers under the supervision of an employment judge. The clause will align an employment tribunal’s power of delegation to legal case officers with the wider tribunal system. It will also allow the TPC to make rules for legal case officers. The decisions of legal case officers are always reviewable by the judiciary, and that will remain the case.
Andy Slaughter
We do not oppose the clause. There is always a hesitancy in transferring powers from a judiciary to a lay or administrative officer. As the Minister says, it is done in other parts of the tribunal system. We just wish for reassurance that it will be kept under review, and that where changes are made—I am talking about the system, rather than individual cases—we will look at it again, and ensure that it is working properly and that applicants are not disadvantaged in any way by the changes.
James Cartlidge
Yes, that is a fair point. Judicial functions can be delegated to HMCTS staff across tribunals and the wider civil justice system, including in employment tribunals, as the hon. Gentleman acknowledged. The Bill gives the tribunal procedure committee the same powers to make employment tribunal rules on judicial delegation as it has for the unified tribunals, so that it is consistent. This will allow for the creation of harmonised tribunal rules and greater alignment across the tribunal system. We always keep all matters under review. This positive change is in keeping with the way the wider unified tribunal system works.
Question put and agreed to.
Clause 35 accordingly ordered to stand part of the Bill.
Clause 36
Responsibility for remunerating tribunal members
Question proposed, That the clause stand part of the Bill.
James Cartlidge
This is the final clause related to employment tribunals. As a consequence of the history of the establishment of employment tribunals, authority for the remuneration of pay and expenses for employment tribunal judges currently rests with BEIS, in contrast to the remainder of the tribunal system, where responsibility for the remuneration of panel members sits with the Lord Chancellor. The clause will transfer responsibility for that remuneration from BEIS to the Lord Chancellor, bringing employment tribunals in line with the wider tribunal system.
Question put and agreed to.
Clause 36 accordingly ordered to stand part of the Bill.
Clause 37
Discontinuance of investigation where cause of death becomes clear
Andy Slaughter (Hammersmith) (Lab)
I beg to move amendment 69, in clause 37, page 49, line 33, at end insert—
“(4) After subsection (2), insert—
(2A) The coroner is not to decide that the investigation should be discontinued unless—
(a) the coroner is satisfied that no outstanding evidence that is relevant to the death is available,
(b) the coroner has considered whether Article 2 of the European Convention on Human Rights is engaged and is satisfied that it is not,
(c) there are no ongoing investigations by public bodies into the death,
(d) the coroner has invited and considered representations from any interested person known to the coroner named at section 47 (2)(a) or (b) of this Act, and
(e) all interested persons known to the coroner named at section 47 (2)(a) or (b) of this Act consent to discontinuation of the investigation.”.
This amendment would ensure that certain safeguards are met before a coroner can discontinue an investigation into a death.
The Chair
With this it will be convenient to discuss the following:
Amendment 70, in clause 37, page 49, line 33, at end insert—
“(4) After subsection (2), insert—
(2B) If a coroner is satisfied that subsection (1) applies and has complied with the provisions at subsection (2A)(a) to (d), prior to discontinuing the investigation, the coroner must—
(a) inform each interested person known to the coroner named at section 47(2)(a) or (b) of this Act of the coroner’s intended decision and provide a written explanation as to the reasons for this intended decision,
(b) explain to each interested person known to the coroner named at section 47(2)(a) or (b) of this Act that the investigation may only be discontinued if all such interested persons consent, and
(c) invite each interested person known to the coroner named at section 47(2)(a) or (b) of this Act to consent to the discontinuation of the investigation.”.
This amendment would ensure that family members and personal representatives of the deceased are provided with the coroner’s provisional reasons for why the coroner considers that the investigation should be discontinued, to ensure that family members can make an informed decision as to whether to consent to the discontinuation.
Amendment 71, in clause 37, page 49, line 33, at end insert—
“(4) Omit subsection (4) and insert—
(4) A senior coroner who discontinues an investigation into a death under this section must—
(a) as soon as practicable, notify each interested person known to the coroner named at section 47(2)(a) or (b) of this Act of the discontinuation of the investigation and provide a written explanation as to why the investigation was discontinued, and
(b) if requested to do so in writing by an interested person, give to that person as soon as practicable a written explanation as to why the investigation was discontinued.”.
This amendment would ensure that family members are informed in writing for the reasons for a discontinuation of an investigation, without being required to request this information.
Amendment 72, in clause 37, page 49, line 33, at end insert—
“(4) Section 43 of the Coroners and Justice Act 2009 (Coroners regulations) is amended as follows.
(5) In subsection (3) after paragraph (a) insert—
“(aa) provision for the establishment of an appeals process for interested persons who disagree with the decision to discontinue an investigation under the provision in section 4 of this Act.”.
The purpose of this amendment is to ensure the Lord Chancellor establishes an appeal process for families who disagree with the decision to discontinue an investigation.
Andy Slaughter
We now come to the part of the Bill that deals with coroners, to which we have tabled a number of amendments and new clauses. We appreciate that the clauses in the part of the Bill we have just discussed, and indeed in other parts of the Bill, are very much a template for the Government to take forward procedural changes to parts of the courts and tribunal systems. We essentially have two things to say about that.
First, we are not against any of that per se, particularly where the aim is to make what is proposed more streamlined, efficient and economical. However, we must look at safeguards, because often in the process, as we have seen in earlier parts of the Bill on criminal procedure and online procedure, there can be dangers to current users of the system that need to be addressed. Secondly, as addressed in our new clauses, the Government are not short of advice on improvements to the coronial system, including most recently through the report of the Justice Committee, which we debated in Westminster Hall, but many opportunities for improvement simply have not been taken. We highlight some of those around representation, and vulnerable representation, which we will come on to. That is disappointing, given that that report is only the latest in a whole series, going back to Tom Luce’s report in 2003—although there are many more recent than that—that have drawn attention to the limitations and the need for improvements in the coroners system. We just wish that there was more to address that, either in the Government’s response to the Justice Committee report or in the Bill.
I thank some of the organisations that provided briefings to us, including Justice, the Association of Personal Injury Lawyers and, principally, Inquest, which I will say a bit more about when we debate the new clauses. It has been an outstanding organisation in representing, and fighting the cases of, bereaved families for many years.
I have concerns about clauses 37 to 39. Clause 37 will broaden the circumstances in which coroners can discontinue investigations, Clause 38 gives coroners powers to hold inquests in writing, and clause 39 enables the wider use of remote hearings, including the power to hold remote hearings with juries. I will argue that the increase in discretion to discontinue investigations in clause 37 risks important evidence not being tested and complex cases not being publicly scrutinised. I will describe the lack of evidence to support the introduction of clauses 37 to 39 and how evidence instead suggests the need for careful safeguards to ensure that proper investigation and scrutiny is permitted where necessary, with due weight given to the wishes of the family. I will also argue that the Bill should be amended to include provision on public funding for bereaved families at inquests where state bodies are involved.
Chapter 4 deals with coroners and suggests that it will improve the efficiency of the service in the light of the backlogs in coroners’ courts due to the pandemic. The measures in clauses 37 and 38 were recently recommended by the Chief Coroner in his 2020 annual report. I am not aware of some other cause or evidence— the Minister may want to point me to some—for these measures to be introduced. It is notable that none of the conclusions or recommendations in the Justice Committee’s May 2021 report on the coroner service provides any justification for these measures, despite the Committee’s detailed analysis of the current state of the coronial system. It is extremely concerning that the argument that these measures are needed to address the covid-19 backlog of cases in the coroners’ courts is unevidenced, especially given the strong argument that the measures will lead to corners being cut and crucial opportunities for hearing and scrutinising evidence missed.
In its report, the Justice Committee found there to be
“unacceptable variation in the standard of service between Coroner areas.”
In the absence of a national coroner service, which the Committee recommended but the Government have refused, a central concern is the widespread inconsistency in approach by individual coroners in relation to all aspects of the inquest process—a postcode lottery, in other words.
James Cartlidge
The hon. Gentleman has twice referred to the backlog in coroners’ courts caused by the pandemic. Can I be absolutely clear? Does he accept that the pandemic has had a very significant impact on the backlog in the coroners’ courts?
Andy Slaughter
The pandemic has had a substantial effect on almost every aspect of our waking lives and on backlogs throughout the court system. That does not abrogate the Government from responsibility for dealing with the backlog so called, or indeed for other reasons why backlogs have been building up in the system over that time.
I mentioned Tom Luce’s fundamental review, in which he wrote:
“The phrase we have heard more than any other during the Review is ‘the coroner is a law unto himself’. Virtually every interest has complained of inconsistency and unpredictability between coroners in the handling of inquests”.
Clauses 37 and 38 will further entrench levels of coronial discretion and inconsistency, adding yet more challenges for bereaved families forced to navigate the inquest system. The Government have not evidenced how these measures will address the stated problem of reducing the backlog of cases in coroners’ courts. The latest statistics on the coroner service indicate an 18% rise in deaths in state detention. Many of those cases are complex, meaning that these provisions are unlikely to apply.
Let me deal specifically with amendment 69 and amendments 70 to 72, with which it has been grouped. Clause 37 broadens the circumstances in which a coroner might discontinue an investigation into a death. The current law, the Coroners and Justice Act 2009, holds that where a coroner has commenced an investigation, they must proceed to an inquest unless the cause of death becomes clear in a post-mortem examination. The Government claim that is a costly and unnecessary step where the cause of death may become clear through other means, such as medical records. As such, clause 37 will amend section 4 of the 2009 Act to allow for an investigation to be discontinued if the coroner is satisfied that the cause of death is clear, thus removing reference to a post-mortem as a necessary requirement for discontinuing an investigation. If the investigation is discontinued, the coroner cannot then hold an inquest into the death unless fresh evidence later comes to light or a successful challenge is brought to the decision.
There are a number of concerns about that, and about the implications of the Bill for inquests and bereaved families. Amendment 69 seeks to address three main issues: the need to test evidence; what happens in article 2 cases; and the need to safeguard the wishes of families.
On the need to test evidence, I am concerned that clause 37 would allow a coroner to discontinue an inquest based on evidence that could change if tested. The current wording states that a coroner must discontinue an investigation into an individual’s death if they are
“satisfied that the cause of death has become clear in the course of the investigation”.
While the Chief Coroner states in his 2020 annual report that such a provision could include evidence such as medical records, the Bill itself does not clarify the types of evidence that could be used, and effectively allows any evidence obtained during the investigation to be used to justify discontinuance, without the opportunity for it to be challenged at a later stage.
James Cartlidge
As ever, the hon. Gentleman makes a number of interesting points. Some of them go quite a bit wider than the clause before us, although he did enter the caveat that, given the importance of this clause, he was making some broader points, and I think that is fair. Taken together, these provisions are very important in terms of the coronial court. They do address matters relating to streamlining and ultimately, therefore, the backlog; and before I go into the specific points that he raised, some of which were very sensitive and very important, I want to talk about the backlog.
What the hon. Gentleman said was incredibly important. He specifically acknowledged that covid is responsible in large part—or however he wants to couch it—for the backlog in the coroners’ courts, and he is absolutely right. Let us be absolutely clear about this: social distancing has had a dramatic impact in the courts, particularly where juries are concerned. That is true in the Crown court. It is true in the coronial court. It is simple maths. The coroners’ buildings were not designed suddenly to have a rule about 2 metres, which was there, after all, for everyone’s public health benefit. The coroner’s house in Sunderland, for example, has capacity for, I believe, 54 persons in the courtroom. With social distancing, it had 11, so it does not take a great leap of imagination to work out how much harder it would have been to dispose of cases with a jury.
Dr Caroline Johnson (Sleaford and North Hykeham) (Con)
In support of the Minister’s point, I can say that during my visit to a Crown court last week, there were five defendants who would normally be sat in the same dock in the courtroom, but because of social distancing, a separate courtroom and separate dock are having to be used just to hold the extra defendants, which means, of course, that that courtroom cannot be used for anything else.
James Cartlidge
I am grateful to my hon. Friend. Was it Lincoln, by any chance?
James Cartlidge
Ah! I asked because my hon. Friend is obviously a Lincolnshire MP. She is absolutely right. Since I got this job—I have been in post only a matter of weeks—I have visited Crown courts and magistrates courts around the country, and to someone who has not been to one recently, it is very striking to go to a Crown court and see the limitations caused by social distancing. We are trying to deal with those, but it has been a job of work to deal with them.
Dr Johnson
I just wonder whether my hon. Friend could update me on what work he is doing with the Department of Health and Social Care to alleviate some of these restrictions. Now that we sit next to one another in, for example, the House of Commons Chamber, is the social distancing measure still required?
James Cartlidge
There are some very good examples. There are one or two that we are working on at the moment, which I will go into more detail about at the appropriate moment. But the most important thing by far is that many existing courtrooms in the Crown court have come back into use as social distancing has reduced. For example, I was visiting Highbury magistrates, where the maximum number of people in the building had been lifted, because, for example, when people arrive to be allocated to cases—there are all kinds of reasons why we have lots of people in a court building—the capacity in itself becomes a significant constraint.
I appreciate that this provision is about coroners, but what I am describing is fundamental to the current debate. I could not care less, frankly, what people say on Twitter. They are all predetermined—there is not a single swing voter out there. But the Labour party has now strongly put forward a message, effectively, that the backlog in the Crown court is not because of covid but because of this Government. I find that wholly disingenuous. It is not only inaccurate—the hon. Member for Stockton North is shaking his head. It is not only inaccurate; it therefore conveys a false sense of the reality on the ground.
Let me give a statistical example. On 31 December 2009, the outstanding case load—what we have generally come to call the backlog, although there is always an outstanding case load—was 47,713. In December 2019, it was 38,291. Surprise, surprise: when courts were closed because of social distancing and jury trials suspended—although we restored them as quickly as possible—that figure shot up. It created a huge bottleneck. And we still have those problems. It really matters what we say on this, because people must understand the extent to which the pandemic has hit our ability to dispose of cases, because obviously it therefore dictates the solutions. On this side, as my hon. Friend the Member for Sleaford and North Hykeham said, that has meant, for example, trying to lift restrictions where we can, which I think is very important. Therefore I am grateful that, in the matter of coronial courts, the hon. Member for Hammersmith has put on the record his recognition of the impact of covid on the backlog.
Andy Slaughter
The sensitivity of this is pretty clear. We have suddenly veered off to talk about backlogs in the Crown court. There will be ample opportunity to debate those matters in future. The relationship between backlogs and covid is a complicated one. No one is saying, clearly, that covid has not put pressure on the courts system—that would be bizarre—but the Minister is misinterpreting what I said. The Government have two responsibilities here. First, they must look at their responsibility for the extraordinary cuts in justice budgets that occurred post 2010, long before covid was ever thought of. For a whole raft of reasons to do with lack of legal aid, court availability because of court closures and so on—the Minister knows all the arguments—we have put ourselves in that vulnerable position, as we did in other areas, such as the NHS. The fact that the court service, including the coronial service, is in a parlous state is at the door of the Government—the Minister was not there, but his colleagues were in government during that time. So, first, they must take responsibility for that. Secondly, they must now take responsibility for reducing backlogs, whether they were caused by covid or were pre-existing before covid. Trying to exculpate himself from that, he does himself no service.
James Cartlidge
I look forward to debating that further. Labour have pulled their Opposition day debate on the backlog twice, one of which was for good reason, given the business that the House was debating. I will be delighted if they have an Opposition day debate on the backlog at their next opportunity, because it is important to stress the very positive things that the Government are doing.
The reason I made that point is that the whole purpose of the provisions is to streamline the courts in the coronial system, so of course it matters if the hon. Member for Hammersmith accepts covid causation in the coronial courts backlog and yet, for political reasons, the Opposition’s central message on backlog in the Crown courts magically does not relate to social distancing measures that have been so profoundly challenging to holding jury trials in particular and for cases with multiple defendants. But there we are. All I would add is that if he wants to go back to 2010, bring it on in that debate, because we know what their plans would have been had they got into government. He should always remember that.
On the specific points, I have great sympathy for those families who have had stressful cases in the coronial court or had cases in which they were disappointed with what happened. Obviously, as a Minister, I cannot comment on the specific cases raised by the hon. Gentleman. Those are determined by our independent judiciary, which is an important part of our constitution, but I sympathise with the families. Bereavement is an inherently distressing experience, we can all agree, and in part that is why we are trying where possible to address and reduce that anxiety with the measures in the Bill. For example, in this clause we are trying to reduce some of the bureaucracy that can come with bereavement.
The hon. Member for Hammersmith made a couple of other specific points about coroners’ courts and the Justice Committee report. He was recently a member of that Select Committee, and I pay tribute to his work on it, and to the Committee more broadly under the chairmanship of my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill). Recently, I spoke about such matters at length in a Westminster Hall debate on coroners, but to be absolutely clear, we have accepted six of the recommendations made by the Justice Committee in its report on coroners published in May. To enact some in the Bill is incredible timing—to have Committee recommendations in a Bill within six months. The obvious example is clause 41, dealing with the merger of coroner areas, which we shall come on to.
The other important specific point that I wish to make is on safeguards. Again, the hon. Member for Hammersmith is absolutely right. As I have said throughout the Committee’s proceedings, streamlining measures—generally technological, but not always, as some might be in procedure or when a hearing is held and so on— are there to improve efficiency, and in itself that can actually help families. For example, if we reduce the need to hold an inquest, particularly because it has proven to be unnecessary because the cause of death was natural causes, that can remove some of the bureaucracy that can be faced by a bereaved family.
Andy Slaughter
If those safeguards exist, as the Minister says, why are they not on the face of the Bill? They are, at least in part, in clause 38, which we are going on to discuss, so why would the Minister not accept some or all of the safeguards that we propose?
James Cartlidge
I will be addressing all the points, but the hon. Gentleman is right: clause 38 contains very significant safeguards.
The intention behind clause 37 is to provide coroners with the flexibility to discontinue an investigation into a death where a death from natural causes has become clear through means other than a post-mortem examination. It is intended that the clause will negate the need for unnecessary procedures and processes, freeing up capacity and resources for the coroner to concentrate on more complex cases. The clause should be read along with section 4 of the Coroners and Justice Act 2009, which it amends.
Amendment 69 proposes to introduce additional safeguards into clause 37, as discussed, by requiring additional conditions when a coroner seeks to discontinue an investigation into a death where the cause of death becomes clear in the course of investigation, which typically will be where medical evidence shows that the death was from natural causes. The safeguards include a requirement that the coroner seek consent from interested persons before discontinuing such an investigation. Although I understand the hon. Gentleman’s concerns, I would like to assure him that the amendment is not necessary. The 2009 Act already provides the safeguards that the amendment seeks to include in the Bill. Section 4 of the Act sets out instances where the coroner may not discontinue an investigation, which include violent or unnatural deaths, or deaths in custody or other state detention.
I also remind the hon. Gentleman that coroners are independent judicial office holders, and the way that they carry out investigations and inquests is a matter for them. Introducing a requirement for the coroner to seek consent from interested persons before making judicial decisions would be not only fettering their discretion but would, in effect, remove the decision from the coroner—that is, the judge, which is what they ultimately are—into the hands of an interested person or a number of interested persons. That is at odds with the most fundamental principle of judicial proceedings, which is that only the judge or the jury makes the decisions, having listened to all the arguments without fear or favour. We must be mindful that while interested persons have certain rights at the inquest, they do not control the inquest process or its investigations. That is for the coroner alone to determine, as a judicial office holder.
I would like to assure the Committee that in his capacity as judicial head of the coroner service, the Chief Coroner will provide guidance to coroners accompanying all changes, which we expect coroners will follow.
Amendment 70 proposes that the coroner gives interested persons an explanation as to why they are considering discontinuing an investigation, to enable them to make an informed decision about whether to consent to the discontinuance of the investigation. Section 4 of the 2009 Act, which clause 37 amends, already provides that a senior coroner must, on request, provide a rationale for the discontinuance of an investigation. We expect the coroner to work sensitively with bereaved families to address any concerns that they may have regarding the investigation into their loved one’s death. However, as I have said, the decision on the direction of the investigation, including consideration of any discontinuance, must be for the coroner alone. In any event, section 4 has a narrow remit. It is to permit the discontinuance of an investigation where natural causes are found to be the reason for the death, and not in any other instances. Every day, coroners make the decision not to investigate deaths reported to them that they determine are of natural causes. Section 4 expressly prohibits the coroner from discontinuing an investigation where the coroner has reason to suspect that the deceased died a violent or unnatural death, or died while in custody or otherwise in state detention. That position remains unchanged.
Amendment 71 goes slightly further and proposes to set out in primary legislation a requirement for the coroner to provide to the bereaved family a written explanation of why they have decided to discontinue an investigation, regardless of whether a request has been received from the bereaved family. As I have said, section 4 of the 2009 Act already provides that the coroner must provide a written explanation for discontinuing an investigation on request. We consider that that ensures that only family members who actually require the information will receive it, and that additional work is not required of the coroner when it is not needed. After all, these are streamlining measures. The Government’s intention behind the measures on coroners in the Bill is to reduce unnecessary procedures in coroners’ courts and unnecessary distress to bereaved families. The amendment runs counter to the Government’s intentions and would add additional administrative process to the system. Providing such information unsolicited could also unintentionally distress bereaved families, although I am not suggesting that that is the hon. Gentleman’s intention.
Finally, amendment 72 would require a separate appeals process to be established for bereaved families who would like to challenge a coroner’s decision to discontinue an investigation into the death of their loved one. Although I understand that the hon. Gentleman wishes to ensure that bereaved families have recourse to appeal if they are not happy with the coroner’s decision, I must remind him that there is already a route for bereaved families to challenge a coroner’s decision by seeking judicial review of the decision. In 2020, there were just 20 judicial reviews against coroners’ decisions, of which five got permission and two were successful at hearing.
Additionally, an individual may apply to the High Court, with the permission of the Attorney General, for an investigation to be carried out if the coroner has not held one, or for a fresh investigation to be held, for example if new evidence comes to light. The High Court will allow a fresh investigation only if it would be in the interests of justice, but importantly, there is no time limit for making such an application, which of course is not the case with judicial review. We therefore do not think it appropriate to set up a seemingly freestanding, separate appeals process to deal with this single element of coroners’ judicial decision making.
I hope that I have adequately addressed the hon. Gentleman’s concern and assured him that appropriate safeguards are in place. On that basis, I urge him to withdraw the amendments.
Andy Slaughter
That was a disappointing response from the Minister. I was looking for any or all of the following: an explanation of why there are not safeguards in the clause that go beyond what is in the 2009 Act; perhaps acceptance of some, if not all, of the suggestions that we have made; and at least reassurances that the Government will look at mitigation. It is undeniable that the effect of the processes set out in this part of the Bill is to make it more difficult for bereaved families to be active participants in the process when all the evidence is that we should be taking steps to facilitate that.
The Minister mentioned the recommendations of the Justice Committee. I can tell him that the Justice Committee was extremely disappointed with the Government’s response. I will not go into that in detail now—it is outside the scope of these amendments—but I will quote from the debate that we had recently in Westminster Hall:
“I counted at least seven major omissions from the Government’s response, and many of them have been mentioned already…One is the provision of non-means tested legal aid,”
which we are coming on to.
“One is appeals on coroners’ decisions. One is the issue of pathologists’ fees. One is the national coroner service, which the report recommends. One is the inspectorate, which the report recommends. One is a complaints procedure. The last is the independent office.”—[Official Report, 28 October 2021; Vol. 702, c. 216WH.]
The significance of that is that, individually and collectively, those recommendations of the Justice Committee were trying to give some consistency and rigour to the way that coroners’ decisions are made. The reason I quoted Tom Luce was to point out that inconsistency has been the constant complaint over the years. Coroners, in a way that is not typical of the courts and tribunal system, can produce very anomalous responses to families in that situation.
The Government have chosen not to bring forward responses on the issues that I have mentioned that were raised in the Justice Committee report, and they have been generally quite negative about them, while not ruling all of them out. However, at the very least, we need the very specific safeguards that I have mentioned. Having heard everything that the Minister has said, we will press amendments 69 and 72 to a vote. I will not oppose the clause outright, but those amendments are, frankly, the least that is necessary to offer the safeguards that we have indicated.
James Cartlidge
Over the past year, the coronial system has shown great resilience in how it has coped with the impacts of the pandemic in ensuring that death investigations have continued as far as possible. I pay tribute to our coroners and all of those who work in the coronial system. We are, however, aware that a considerable number of inquests have been delayed due to the pandemic restrictions, and coroners, along with the Chief Coroner, are looking at post-pandemic plans to ensure that the system recovers.
We expect that the coronial measures introduced in the Bill will play a major role in the coronial system’s post-pandemic recovery, as they will reduce unnecessary procedures in coroner’s courts. This will provide capacity to coroners as they address inquest backlogs in their courts. The Government’s priority remains to ensure that bereaved families are at the heart of the coronial process. The measures in the Bill support this priority. Reducing unnecessary procedures in coroner’s courts will reduce the distress of bereaved families. Clause 37 gives the coroner the flexibility to discontinue an investigation where the cause of death becomes clear and it has been revealed through means other than a post-mortem examination.
Where the cause of death has become clear otherwise than through a post-mortem examination, clause 37 will negate the need for the investigation to proceed to an inquest, reducing the distress for bereaved families. The clause does not remove the statutory requirement for a coroner's investigation into deaths in custody or other state detention to proceed to an inquest. Inquests into such deaths will still be required to take place as usual. We expect that the Chief Coroner will issue further guidance on this and the other coronial measures to ensure consistency of approach across the coroner areas.
Question put and agreed to.
Clause 37 accordingly ordered to stand part of the Bill.
Clause 38
Power to conduct non-contentious inquests in writing
Andy Slaughter
I beg to move amendment 73, in clause 38, page 50, line 18, after “hearing” insert—
“(e) the coroner has considered the views of any of the interested persons named at section 47(2)(a) or (b) of this Act who are known to the coroner,
“(f) all of the interested persons named at section 47(2)(a) or (b) of this Act who are known to the coroner consent to a hearing in writing.”
This amendment will ensure that inquests are not held without a hearing if that is against the wishes of the deceased’s family.
The Chair
With this it will be convenient to discuss the following:
New clause 10—Publicly funded legal representation for bereaved people at inquests—
‘(1) Section 10 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 is amended as follows.
(2) In subsection (1), after “(4)” insert “or (7).”
(3) After subsection (6), insert—
“(7) This subsection is satisfied where—
(a) The services consist of advocacy at an inquest where the individual is an Interested Person pursuant to section 47(2)(a), (b), or (m) of the Coroners and Justice Act 2009 because of their relationship to the deceased; and
(b) One or more public authorities are Interested Persons in relation to the inquest pursuant to section 47(2) of the Coroners and Justice Act 2009 or are likely to be designated as such.
(8) For the purposes of this section “public authority” has the meaning given by section 6(3) of the Human Rights Act 1998.””
This new clause would ensure that bereaved people (such as family members) are entitled to publicly funded legal representation in inquests where public bodies (such as the police or a hospital trust) are legally represented.
New clause 11—Removal of the means test for legal help prior to inquest hearing—
‘(1) Schedule 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 is amended as follows.
(2) In paragraph 41, after sub-paragraph (3), insert—
“(4) For the purposes of this paragraph, the “Financial resources” provisions at section 21 (and in The Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013 do not apply.””
This new clause would remove the means test for legal aid applications for legal help for bereaved people at inquests.
New clause 12—Eligibility for bereaved people to access legal aid under existing provisions—
‘(1) Section 10 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 is amended as follows.
(2) In subsection (4)(a), after “family”, insert—
“or where the individual is an Interested Person pursuant to section 47(2)(m) of the Coroners and Justice Act 2009 because of their relationship with the deceased.”
(3) In subsection (6), after paragraph (c), insert—
“(d) or they fall within any of the groups named at section 47 (2)(a), (b) or (m) of the Coroners and Justice Act 2009.”
(4) Schedule 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 is amended as follows.
(5) In paragraph 41, after sub-paragraph (3)(c), insert—
“(d) or they fall within any of the groups named at section 47 (2)(a), (b) or (m) of the Coroners and Justice Act 2009.””
This new clause would bring the Legal, Aid, Sentencing and Punishment of Offenders Act 2012 into line with the definition of family used in the Coroners and Justice Act 2009.
Andy Slaughter
As we move on to clause 38, I will speak to amendment 73 and the three new clauses about legal aid for representation and other matters.
Clause 38 gives coroners the power to hold inquests in writing where they decide that a hearing is unnecessary. Currently, rule 23 of the coroners’ rules allows for documentary inquests to take place, where no witnesses are required to give evidence but a hearing must still take place. Clause 38 would change that by creating a new section 9C to the Coroners and Justice Act 2009, allowing a coroner to hold an inquest entirely in writing. New section 9C does include a list of considerations that the coroner must make before deciding to hold an inquest in writing. They include ensuring that all interested persons have been invited to make submissions; considering whether an interested person has put forward “reasonable grounds” for a hearing to take place; and determining that there is no public interest in holding a hearing.
The key concern with clause 38 is that there may be circumstances in which the bereaved family wants an inquest with a hearing but a coroner deems one unnecessary. Other interested persons invited to make representations may argue against a hearing. Holding an inquest in writing in this context could deprive the family of the opportunity to explore all available evidence and limit their ability to scrutinise the account provided by relevant authorities, including by hearing oral evidence and questioning key witnesses.
It is acknowledged that clause 38 provides some safeguards in this regard. However, we believe that those safeguards are insufficient. For instance, clause 38 does not mention the need to consider the bereaved family’s wishes in terms and there is no guarantee that they will be given any weight in the coroner’s ultimate decision. Therefore, it is not clear that a family’s wishes would constitute the reasonable grounds needed to decide against conducting an inquest in writing. The current drafting of the Bill leaves a wide discretion to individual coroners to determine whether reasonable grounds for a hearing have been made out by a family.
Further, at the point where a family would be invited to make representations to the coroner on whether an inquest should or should not be held in writing, many families would not necessarily have legal representation to support them in making their views heard. That would put families at a disadvantage in comparison with other interested persons with the benefit of legal teams who were also invited to make representations and argue against a hearing.
I will refer to a particular case; my purpose is to illustrate the argument rather than deal with the specifics of the individuals concerned. Jessica died on 16 October 2020 at a women’s crisis centre called Link House. Jessica had mental ill health and had suffered from an eating disorder and depression for most of her adult life. The inquest into Jessica’s death was originally listed as a rule 23 documentary inquest. However, given emerging evidence that there were serious problems in Jessica’s care, representations were made to the coroner that the inquest should be adjourned. That request was granted, and a pre-inquest review is scheduled for later in the year, when lawyers will be able to argue that article 2 is engaged.
If clause 38 had applied in this case, Jessica’s family might have struggled to make clear their arguments that the coroner should proceed to an inquest hearing; an inquest in writing might have proceeded at the coroner’s discretion and against the family’s wishes. My amendment to clause 38 would ensure that the wishes of families are respected in decisions on whether to hold a paper-only inquest instead of having a hearing, as ordinarily happens. Some families may wish to have a hearing so that evidence can be fully aired and they have the opportunity to raise any concerns with the coroner directly. The amendment would ensure that inquests are not held without a hearing if that is against the wishes of the family of the deceased.
I move on to new clauses 10, 11 and 12. I start with a quote from Deborah Coles, the executive director of Inquest. She sums up the position we are in and why I am asking the Government to support the three new clauses on legal aid at inquests. Ms Coles says:
“It is now for the Government to put the experiences of bereaved people at the front and centre and ensure equality of arms, accountability, oversight and candour. There can be no more false starts, broken commitments or shelved recommendations.”
Ms Coles knows well what she is talking about. Inquest has worked on more than 2,000 cases and investigation processes, with 483 families currently needing their support after a bereavement. This work is done to secure more effective scrutiny of the state when people die. These are people who die in police custody, in prison cells, in health or social care settings, but also in major disasters such as Hillsborough and, more recently, Grenfell.
When these deaths occur, there is a fundamental inequality of arms when it comes to what follows. Inquests following state-related deaths are intended to seek the truth and to expose unsafe practices and abuses of state power. However, the preventative potential of inquests is undermined by the pitting of unrepresented families against multiple expert legal teams defending the interests and reputations of state and corporate bodies. What is more, bereaved families often struggle for legal representation, while public authorities have unlimited access to lawyers at the taxpayer’s expense.
I want to mention the intervention from the hon. Member for East Worthing and Shoreham (Tim Loughton) in the Westminster Hall debate on 28 October. The Minister was there replying for the Government. The hon. Gentleman himself, with the assistance of many, had to work to get to a situation where there was representation for the families in the Shoreham air show case. There were 18 different public bodies, all of which had legal representation. That is at the far end of what can happen, but it is not untypical for there to be not just one, two or three, but four, five or six different public bodies represented.
I did not accept the evidence of Mr Rebello. He made some very cogent points, which we will come on to in clause 39. Lawyers are employed to represent the interests of state parties. Yes, they will have a general duty, as all lawyers do, to assist the court, and, yes, they may, albeit asked by the court, assist unrepresented parties—or they will volunteer to—but that is not the norm. They are there to—and are paid to—represent their clients. They will, on the whole, make points that seek to exculpate their client from responsibility. To see that happening day-to-day, year-to-year, in the coroner’s courts, where families are pitted in that way, is deeply disturbing, frankly.
Families will face hospitals, police and local authorities and other public bodies that have legal representation, often funded by the public bodies. Where these bodies do not have representation, they will still likely have formal assistance through in-house legal professionals or specialist inquest officers—none of which is available to most families. At the very least, public bodies will have witnesses who are experienced professionals, such as doctors, who will still have been provided with advice from a legal team prior to the inquest. All this, and yet a family suffering a bereavement and dealing with the trauma surrounding the circumstances of the death and the inquest process are likely to be refused the same publicly funded legal assistance.
Legal aid will be granted only under the Government’s exceptional funding scheme if it is considered that there is a wider public interest in the inquest or if it is an article 2 inquest. As many of the Committee will know, an article 2 inquest is held when there is a death in state custody, or if it can be argued that the state failed to protect someone’s right to life. Furthermore, to be granted legal aid under this scheme, families must currently also meet a financial means test.
In the absence of legal aid, some lawyers help bereaved families by funding representation through a conditional fee agreement—or CFA—otherwise known as no win, no fee. This funding arrangement has to be linked with a separate civil claim for compensation. If a CFA is not possible, either legal representation is provided free of charge by a lawyer, which can be unsustainable for law firms, or a family has to fund its own representation. This is simply unaffordable for many families—for most, I would argue. Legal aid provides families with the certainty that there will be equality of arms at the inquest and that they will not be alone during what is likely to be one of the most difficult periods of their lives.
Animal Welfare (Kept Animals) Bill (Fifth sitting)
(2 years, 5 months ago)
Public Bill CommitteesRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Committee divided: - Ayes: 6 / Noes: 9 - Question accordingly negatived.
The Committee divided: - Ayes: 5 / Noes: 10 - Question accordingly negatived.
The Committee divided: - Ayes: 6 / Noes: 10 - Question accordingly negatived.
The Committee divided: - Ayes: 7 / Noes: 9 - Question accordingly negatived.
The Committee divided: - Ayes: 6 / Noes: 10 - Question accordingly negatived.
The Chair
We have had an emergency membership substitution this morning, allowable in narrow circumstances in accordance with the resolution of the Committee at selection, with Jane Stevenson being discharged and Lia Nici being appointed to the Committee.
I remind Members that they are expected to wear masks when they are not speaking. This is in line with current Government guidance and that of the House of Commons Commissions. Please also give each other and members of staff space when seated, and when entering and leaving the room. Hansard colleagues would be grateful if Members would email their speaking notes to hansardnotes@parliament.uk.
Clause 47
Zoos
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to discuss the following:
Amendment 84, in schedule 5, page 44, line 12, leave out from “to” to “education” and insert
“a broad range of conservation activities (including species recovery work both in situ and ex situ,”.
This amendment aims to ensure that any conservation measures laid out in the new standards will include the conservation work, such as species recovery work, undertaken within zoos, as well as externally.
Amendment 119, in schedule 5, page 44, line 14, leave out lines 15 and 16.
This amendment would remove a provision that would allow different standards to be applied to different descriptions of zoos.
Amendment 122, in schedule 5, page 44, line 15, at beginning insert—
“(1A) Standards relating to conservation may not be made unless a draft has been laid before and approved by a resolution of each House of Parliament.”
This amendment would require standards relating to conservation to be laid before and approved by a resolution of each House of Parliament.
Amendment 83, in schedule 5, page 44, line 16, at end insert—
“(3) In drawing up standards of modern zoo practice, the Secretary of State must—
(a) consult the Zoos Expert Committee (ZEC), and
(b) issue a public consultation seeking the views of zoos, aquariums, and other interested parties,
and the Secretary of State must publish the responses to these consultations.
(4) The Secretary of State must lay a copy of the standards of modern zoo practice before Parliament.”
This amendment seeks to ensure that the Secretary of State’s standards for modern zoo practise are subject to full consultation and scrutiny, both when published and if any further changes are made, by Parliament, zoos and aquariums, other interested parties, and the Zoos Expert Committee.
Amendment 121, in schedule 5, page 44, line 16, at end insert—
“(3) The standards of modern zoo practice must define “conservation” for the purposes of the standards and, in drawing up that definition, the Secretary of State must consult the Zoos Expert Committee and publish its advice.”
Amendment 120, in schedule 5, page 45, line 15, leave out “a specialist” and insert “an expert”.
That schedule 5 be the Fifth schedule to the Bill.
The Minister of State, Department for Environment, Food and Rural Affairs (Victoria Prentis)
It is a pleasure to be here again, Mr Davies. I am going to speak once on zoos, unless I need to answer anything specific: there is a lot to get through, and it is quite technical.
There are over 300 licensed zoos in England. A zoo is not just the classic setting that we might think of: it is an establishment where wild animals are kept for exhibition to the public for more than seven days a year. This can be a range of different settings, such as a traditional zoo, a park, a farm park, an aquarium, or a bird of prey centre. All zoos are subject to the Zoo Licensing Act 1981. Most of the licensing requirements are set out in the standards of modern zoo practice. As part of their licensing conditions, all zoos are required to carry out conservation, education and research. Some of our zoos do incredibly valuable work in those areas, but others, frankly, should do more. The changes set out in this Bill should help to deliver that.
The current conservation requirements in the Zoo Licensing Act were introduced in 2002, and have not been updated since. They have been criticised as being on the weak side. All other standards for the management of zoos and the animals within them are set via the standards created by section 9 of that Act. This Bill makes changes to move the conservation requirements out of the Act and into the zoo standards.
Turning now to the Zoos Expert Committee and amendments 83 and 121, I reassure the Committee that ZEC already plays a significant part in the drafting of the new zoo standards, and has been involved very much in the production of that new document. ZEC is an expert committee of the Department for Environment, Food and Rural Affairs and the Scottish, Northern Irish and Welsh Governments. DEFRA and ZEC are currently in the process of updating the full package of zoo standards, which will be put out to consultation by the end of this year. That process has involved the full spectrum of zoo industry specialists. We therefore do not feel that amendments 83 and 121 take us any further.
When it comes to defining conservation, as is done in amendments 84 and 121, we feel that conservation should take its normal meaning, which of course will include both in situ and ex situ breeding programmes involving endangered species. One of the reasons why we have not defined conservation is that its meaning has changed over time, and we want any new zoo standards drafted by the ZECs of the future, with input from the zoo sector, to continue to reflect the latest best practice on consultation, so we are trying to future-proof this legislation.
We do not feel that the amendments dealing with ZEC transparency need to be in legislation. However, we have acknowledged the purpose behind some of these amendments, which is that the work of ZEC should be more transparent. In order to deal with that issue, we have recently provided ZEC with its own online presence on gov.uk, and that website is where we will put reports from ZEC and, where appropriate, responses from the Secretary of State. We believe that the process we have put in place—standards are drafted by the expert advisory committee, then put online to be transparent—means that the parliamentary scrutiny suggested would not add much in this area. We therefore do not believe that it is necessary.
The zoo standards are detailed technical standards that set out what is required of zoos. They are drafted by ZEC, which is made up of vets, inspectors, animal welfare experts and zoo operators, who all have detailed knowledge of the zoo sector. The same welfare standards will apply equally to all specimens of a species, regardless of the size of the zoo in which they are kept, so the provision for different standards for different types of zoos is aimed only at the new standards relating to conservation, education and research.
I understand the concerns—I will pre-empt them—about how the term “specialist” may have a separate meaning in the veterinary profession. I do not know whether my hon. Friend the Member for Penrith and The Border was going to mention that, but we have heard him mention it before. However, we are satisfied that the term “specialist” will be commonly understood to mean a person trained in a particular branch of a subject.
Dr Hudson
I am eternally grateful to my hon. Friend the Minister for giving way, and I welcome her comments. We could add to the Bill the term “competence” or “experience” in the relevant species, in accordance with the Royal College of Veterinary Surgeons’ guidance. For any vet who deals with animals, there are separate guidelines within the Royal College guidance that talk about what they should be dealing with as a veterinarian. If we added Royal College guidance, that would help.
Victoria Prentis
I thank my hon. Friend for his intervention. I know that he feels very strongly about this issue, but I reassure him that we have tried to use the normally understood meaning of the word “specialist”.
Schedule 5 makes various amendments to the Zoo Licensing Act 1981. Some of the amendments are technical in nature—for example, including the Council of the Isles of Scilly, which for some reason was not included before. I really have no idea why that was the case. Schedule 5 also removes circuses, because that reference is now obsolete following the passing of other legislation, and increases the available penalties. Importantly, schedule 5 amends the 1981 Act to ensure that each zoo will have a condition on its licence that it must meet the standards specified under section 9 of the Act. Currently, local authorities must only “have regard to” the standards produced under section 9. We think this change will make the standards easier to follow and enforce. On that basis, I hope the hon. Member for Cambridge will not press his amendments to a Division.
Daniel Zeichner (Cambridge) (Lab)
This is a short clause, but it is complicated, as the Minister said. I am grateful to her for her introduction, and she has clarified one or two points that I still want to pursue. I will start with amendments 121 and 122, which have been tabled in my name and that of my hon. Friends, but I also want to speak to amendments 83 and 84 and new clause 4, which were tabled by my hon. Friend the Member for Rotherham (Sarah Champion) and the hon. Member for Romford (Andrew Rosindell), both of whom spoke on these issues on Second Reading. I am sure the Minister was listening closely, as she always does, to the Second Reading debate, in which considerable concern and interest, and some unease, was expressed by Members of different parties about some of the proposals.
Despite the Minister’s reassurances, our amendments seek to ensure that there is greater oversight of the Government’s zoo advisory body, the Zoo Expert Committee, and the process for setting future conservation standards. Amendment 83 would make a full consultation with appropriate stakeholders on any future standards changes not just a matter of best practice, but a requirement. We will probably labour this point a bit: it is not that we do not trust the Government, but who knows what future Governments will do? We think that is an important point, as others have expressed, and it should not be left to discretion; it should absolutely be a requirement.
As the Minister has set out, the Government are making promises, and although we have no reason to disbelieve them, we want the legislation strengthened. There is no statutory requirement on future Ministers to consult on further updates. The role of the Zoos Expert Committee is a dilemma, frankly, because we have had cause for concern in other areas when reports from expert committees have not necessarily always been published. That is why people are pressing for a stronger system. We think it important not only that there is a consultation, but that everything is done transparently. The Bill does not currently provide for a statutory requirement on future Ministers to involve the Zoos Expert Committee as part of any review of the conservation standards, or to formally respond to that committee’s guidance.
Amendment 83 would ensure that any advice provided by the Zoos Expert Committee, and the response by Ministers, is transparent and open to the public. I have heard what has been said about a website, but I am afraid we have seen examples of that not working—they are almost always controversial cases, quite frankly, and those are the ones that people are interested in. If that transparency is good enough for the Animal Welfare (Sentience) Bill, which is coming our way soon, it is good enough for this Bill, so we think that the amendment makes a reasonable demand. Amendment 121 puts it slightly differently but also requires the Secretary of State to consult the Zoos Expert Committee and to publish its advice.
Amendment 84 deals with the vexed issue of conservation. The Minister is right that the understanding of the term “conservation” has changed. I am grateful to both Chester Zoo and the British and Irish Association of Zoos and Aquariums for their advice. Both have expressed concern about the need for the Bill to provide a clear definition of “conservation”, because they fear that future definitions may not fully capture the breadth of the work done by zoos. I am told that zoos globally contribute more than $350 million annually to species conservation programmes in the wild, making them the world’s third-largest funder of species conservation after the World Wide Fund for Nature and the Nature Conservancy.
I am also told that UK zoos contribute 10% of that global zoo total, so we are making a big contribution. Most of that funding comes from the large charitable zoos, which I am told receive no direct public subsidy, and generate the surpluses for conservation through visitor revenue. They support more than 800 projects in 105 countries, providing direct conservation action for 488 species of animals and plants. They believe it important that the Government’s definition of zoo conservation accurately reflects the wide range of work.
Amendment 84 would ensure that the Bill recognises
“a broad range of conservation activities”
and that, alongside education and research, it explicitly includes “species recovery work”, both in situ and ex situ. Although in situ species reintroduction and overseas field projects, for example, are vital to zoo conservation efforts, they alone do not fully capture the extent of the work that takes place or the impact that zoos have. To put it simply, that excellent work cannot be achieved without a lot of back-up within the zoos themselves., including the world-class care by keepers, the feed, the bedding, the veterinary attention, the facilities, the scientific development and the carefully planned and co-ordinated breeding plans. I perhaps got slightly confused by “ex situ” and “in situ”, but basically, the ex situ work is an essential component of a holistic planned approach to species recovery.
Amendment 84 would ensure a broad understanding of zoo conservation, and that the standards accurately reflect the different ways in which zoos achieve conservation impacts, helping to ensure the continuation of the vital work that zoos undertake in support of international conservation efforts. Put together, the amendments would ensure parliamentary scrutiny of future changes to conservation standards. We think that is important because, despite the Government’s decision to take the standards out of primary legislation, those standards are to become a core part of the zoo licensing and conservation requirements, so we believe that there should be democratic oversight of them.
I listened closely to what the Minister said about amendment 119 and I was reassured by what she said. It is a technical point and it depends how the draft Bill is read. We are concerned that different standards of animal welfare might be applied to “different descriptions of zoo.” The Minister made it clear that is not what is meant.
Daniel Zeichner
No, please don’t, because obviously that would upset the Whip and then it would have to be changed.
Finally, we come to amendment 120, which I really hoped was going to be a final victory and was written with guidance from the British Veterinary Association. We have discussed the amendment and the hon. Member for Penrith and The Border put things very well, although I wait to see whether his helpful suggestion about amending it further will be well received or not. The issue is around “specialist” and “expert”. We cannot see why the Government cannot just change that word, so, Mr Davies, we will press this amendment to a vote.
Dr Hudson
Again, we are coming back to this issue of specialist competency and expertise. As a new Member of Parliament, I am new to the system but I wish to put on record the frustrations with how we are drafting law. Obviously, we cannot change hundreds of years of history relating to how we do it, but it is very frustrating to have amendments from both sides of the House—from Government and Opposition—when if there were consultation with members of the Bill Committee, in a similar way that Select Committee members agree the final wording of a report, I am sure we could nail all the different issues and agree a sensible form of wording. When amendments are tabled and there has not been any discussion about them, then those amendments may pass or fail depending on the wording. If an amendment is incorrectly worded, then we cannot support it. If we could get together, consult and agree on wording, then we would pass better law.
Daniel Zeichner
That is a very sensible suggestion. I fear we are not quite in that world yet, although it is miraculous how things, as they go through, can sometimes change. I reassure the hon. Gentleman that the message has been heard on this side, but we will still press the amendment to a vote. One never knows—we might even win. On that basis, I do not wish to pursue any of the other amendments.
Dr Luke Evans (Bosworth) (Con)
It is a pleasure to speak under your chairmanship, Mr Davies. I declare an interest as I am a member of the zoos and aquariums all-party parliamentary group and I have Twycross zoo in my patch, in regard to which I have spent a lot of time and effort.
I was intrigued to hear my hon. Friend the Minister’s comments at the start. Would she be kind enough to expand a little further? As put across by the Opposition, there is some concern about the definition of conservation. I was pleased to hear that it will be kept broad, fluid and future proof, because I think that is important. I am also pleased to hear that there is more transparency with regards to ZEC and that opening up. That will go a long way to alleviate concerns that may be there.
It is fair to say there is a rift within the zoo community and the wider conservation community about where things should and should not be kept, and how they should be looked after, so there is wide agreement that the welfare aspect of the Bill is important. The reason there is an interest in the definition of conservation is around the question of what is deemed to be conservation. Are zoos arks? Are they exhibits? Should they have no place at all? That is one of the threats that the zoo community may be feeling.
I have no truck with zoos with low standards. They should not exist and the Bill provides legislation to drive up those standards, which is well founded. However, if the definition of conservation is too narrow and not all encompassing, there is concern for purely monetary reasons because of positions with turnover and with money being given out just to specific areas. As Twycross zoo has recently got £19.9 million in the levelling-up fund for an education, science and conservation centre, the hope is that we will have a regional and national centre of excellence training the top-level conservationists of the future. That is obviously something very good for us locally, regionally, nationally and internationally, and it needs to be recognised for the work it will contribute to saving species in the future.
I was pleased to hear that the Minister can confirm that species recovery, both in situ and ex situ, can be included—I think it was hinted at. I was also pleased that the Minister will take away the fact that such consideration must be out there; getting that information out to the broader zoo and conservation community may help relieve a lot of the angst that is felt.
Victoria Prentis
I would like to thank my hon. Friend the Member for Bosworth—and for Twycross zoo, if I may put it that way—for his intervention. I am thrilled about the recent grant from the levelling-up fund. I know that Twycross is going to do important work to study the four great apes and over a hundred endangered species in this new, purpose-built unit. As I said earlier, it is important that both in situ and ex situ are covered by the new standards, and I reassure the Committee that we will work with zoos to ensure that the new conservation standards are appropriate and achievable. All zoos will be consulted on the new standards, including the new conservation standards, and we will assess their likely impact before deciding how long zoos will have to bring in those standards. The new standards will also seek to reflect the size of the zoo, because larger zoos are likely to be expected to do more in the conservation space. As my hon. Friend said, there will be no difference in welfare.
Question put and agreed to.
Clause 47 accordingly ordered to stand part of the Bill.
Amendment proposed: 120, in schedule 5, page 45, line 15, leave out “a specialist” and insert “an expert”.—(Daniel Zeichner.)
Question put, That the amendment be made.
Victoria Prentis
I beg to move amendment 54, in clause 48, page 31, line 6, leave out from “authority”” to end of line 15 and insert
“, in relation to a power to make provision, means—
(a) the Secretary of State;
(b) the Scottish Ministers, so far as the provision would be within the legislative competence of the Scottish Parliament if contained in an Act of that Parliament;
(c) the Welsh Ministers, so far as the provision would be within the legislative competence of Senedd Cymru if contained in an Act of the Senedd.
(2A) But the Secretary of State may make regulations under section 43 or 46 only with—
(a) the consent of the Scottish Ministers, if the regulations contain provision that could be made under that section by the Scottish Ministers;
(b) the consent of the Welsh Ministers, if the regulations contain provision that could be made under that section by the Welsh Ministers.”
This amendment amends the definition of “appropriate national authority” to provide that the devolved authorities’ powers are limited by reference to devolved legislative competence.
The Chair
With this it will be convenient to discuss the following:
Government amendments 57, 61, 63, 64, 69 and 70.
Government new clause 2—Concurrent functions in Wales.
Victoria Prentis
The amendments in this group are technical and concerned with the way in which Scottish and Welsh Ministers may make regulations under the Bill. Amendment 54 amends clause 48 to ensure that the powers to make regulations under part 4 are consistent with devolution arrangements. Amendment 57 amends clause 50 and provides Scottish and Welsh Ministers with powers to amend other legislation where there are consequential changes.
Amendment 61 amends clause 51 and removes a reference to clause 49. Amendments 63 and 64 also amend clause 51 to provide for the commencement of new clause 2, which will come into force two months following Royal Assent. Amendments 69 and 70 amend clause 52 to confirm that the territorial extent on the amendments to the Government of Wales Act 2006 is the same as for that Act.
Amendment 54 agreed to.
Clause 48, as amended, ordered to stand part of the Bill.
Clause 49
Regulations under Part 3
Question proposed, That the clause stand part of the Bill.
Victoria Prentis
This clause is no longer necessary as it has been replaced by new clause 3, which brings all the regulation-making powers in the Bill into a single new clause. I ask the Committee to agree that clause 49 does not stand part of the Bill.
Clause 49 disagreed to.
Clause 50
Power to make consequential provision
Amendments made: 56, in clause 50, page 32, line 8, leave out “made by statutory instrument”.
This amendment (together with Amendment 58) removes provision about regulations under this clause with a view to provision about regulations being made by a new clause.
Amendment 57, in clause 50, page 32, line 9, at end insert—
“(1A) The Scottish Ministers may by regulations make provision that is consequential on any provision of Part 3 as it extends to Scotland.
(1B) The Welsh Ministers may by regulations make provision that is consequential on any provision of Part 1 or 3 as it applies in relation to Wales.
(1C) But—
(a) provision may be made under subsection (1A) only if it would be within the legislative competence of the Scottish Parliament if contained in an Act of that Parliament;
(b) provision may be made under subsection (1B) only if it would be within the legislative competence of Senedd Cymru if contained in an Act of the Senedd.”
This amendment confers powers to make consequential provision on the Scottish Ministers and the Welsh Ministers.
Amendment 58, in clause 50, page 32, leave out lines 14 to 24.—(Victoria Prentis.)
This amendment removes provision about regulations under this clause with a view to provision about regulations being made by a new clause.
Victoria Prentis
Clause 50 provides a general power for the Secretary of State to make any necessary changes to legislation that are consequential on any provisions included in the Bill.
Question put and agreed to.
Clause 50, as amended, accordingly ordered to stand part of the Bill.
Clause 51
Commencement
Amendments made: 59, in clause 51, page 32, line 29, at end insert—
“(A1) Part 1 comes into force—
(a) in relation to England, on such day as the Secretary of State may by regulations appoint;
(b) in relation to Wales, on such day as the Welsh Ministers may by regulations appoint.”
This amendment, which is consequential on the amendments of Part 1 that result in that Part applying to Wales, confers on the Welsh Ministers the power to commence Part 1 in relation to Wales.
Amendment 60, in clause 51, page 32, line 30, leave out “Parts 1 and 2 come” and insert “Part 2 comes”.
This amendment is consequential on Amendment 59.
Amendment 61, in clause 51, page 32, line 35, leave out “, 48 and 49” and insert “and 48”.—(Victoria Prentis.)
This amendment is consequential on Amendment 55.
Victoria Prentis
I beg to move amendment 62, in clause 51, page 32, line 36, at end insert—
“() section (Animal Welfare Act 2006: minor amendments) comes into force on such day as the appropriate national authority may by regulations appoint;”
This amendment provides for the new clause containing minor amendments of the Animal Welfare Act 2006 to be commenced by regulations.
The Chair
With this it will be convenient to discuss the following:
Government amendment 68.
Government new clause 1—Animal Welfare Act 2006: minor amendments.
Victoria Prentis
The amendments and the new clause ensure that the time limits for prosecuting offences set out in the Animal Welfare Act 2006 also apply to regulations that are made under the Act. Doubt was thrown on this position by a recent administrative court decision. It is important that we make the changes proposed, to enable prosecutors long enough to gather detailed evidence in animal welfare cases.
Amendment 62 agreed to.
Victoria Prentis
I beg to move amendment 85, in clause 51, page 32, line 36, at end insert—
“() sections (Taking of dog without lawful authority etc) and (Power to extend section (Taking of dog without lawful authority etc)) come into force on such day as the Secretary of State may by regulations appoint;”
This amendment provides for NC5 and NC6 to be commenced by regulations.
The Chair
With this it will be convenient to discuss the following:
Government amendment 86.
Government new clause 5—Taking of dog without lawful authority etc.
Government new clause 6—Power to extend section (Taking of dog without lawful authority etc).
Victoria Prentis
The theft of a pet is devastating. We all know that pet sales increased during the pandemic, as we were all at home and felt that we would like to share our homes with various furry friends. As a consequence, the price of puppies and kittens rose, which is thought to have triggered a rise in the abhorrent crime of pet theft. In May this year, the Government launched the pet theft taskforce. It was asked to gather evidence and make representations, and I thank its members for their speedy work—they produced a report in September. I also thank my right hon. and learned Friend the Member for South Swindon (Robert Buckland) for chairing the taskforce and for his continued interest in this area.
In brief, the taskforce found that there is a growing feeling among the public that the current laws do not sufficiently recognise the difference between pets and inanimate objects. The taskforce therefore recommended the creation of a new offence of pet abduction, which acknowledges that pets form bonds with their owners and that their welfare can be adversely affected when they are removed from their primary carer. To start with, the new offence will apply to dogs—that is a recommendation from the taskforce. The reason is that seven of 10 animal thefts are thefts of dogs, and most of the evidence on the effect on animals is concentrated on dogs at the moment. However—you have heard me talk about cattism before, Mr Davies—we need to continue to gather evidence on other species, so we are taking a power to extend the offence to other common pet species in the future. The new offence has penalties that mirror those in the Animal Welfare Act 2006, with a maximum penalty of five years in prison.
Daniel Zeichner
Well, here is a surprise: pet theft through the back door. We have been calling for it for ages, and we are absolutely supportive of it, but what a way to do it on such a significant issue. The amendment was tabled on Friday, after the evidence session, and there is no Library briefing. Of course, the amendment, as drafted, is not actually about pet theft; it is about dog theft. It may reasonably be asked why it does not apply to cats. I understand the additional power. The Minister denied cattism the other day, but I feel that the charge will continue to be levelled.
This is such last-minute stuff. I notice the Department managed to get its press briefing out, although it muddled pet theft and dog theft throughout. That is my gripe with the amendment: this is a really important issue that has been added to the Bill very late in the day, which means that we do not have the opportunity to scrutinise it in the way that we would have liked. We had relevant witnesses at the evidence session last week, and we did not ask them about it. I could not help noticing that, unusually, the Minister’s speech was handwritten. Goodness me! This is so typical of the Government at the moment. What a mess.
There is a problem with this. If we do it in a rush, we will get it wrong. We have seen it before with dogs, so can we repeat the same mistake again? There are a number of unanswered questions, particularly on the concept of lawful control and complicated questions of ownership. One can immediately see that the connected person test could easily be problematic. There are many multi-person households in this country, and there are millions of people living together who are not in civil partnerships. Many are reconstituted or blended families. Perhaps Government Members have not noticed what the modern world is like—or perhaps they have. In a domestic row, for example, one person goes off with the dog or cat—they consider it theirs—and the other gets the police involved for a claim of pet theft, which carries a five-year prison sentence. The connected person test really needs to be looked at properly, not just brought to a Bill Committee late in the day. I am sure that it will be subject to further scrutiny elsewhere, but this is no way to do it.
New clause 6 states that the Secretary of State may exercise the power under subsection (1) if there is evidence that
“removing an animal of that species from a person with whom it has formed a bond may adversely affect its wellbeing.”
How is that test to be assessed? Who is the judge? Does a snake get sad when it is parted from its keeper? I do not know, but we ought to find a way of finding out before we pass this legislation. Maybe this should have been done in the right sequence, starting with the Animal Welfare (Sentience) Bill. But, as ever with this Government, it is all about a rush to get a headline—it could have been drafted by the Prime Minister.
To be helpful, I direct the Minister’s attention to the Police, Crime, Sentencing and Courts Bill, to which Labour tabled amendments last November to deal with pet theft. Again, amendments were tabled on Report, in July this year, and not just by the Labour Front Bench but by a cross-party group of esteemed parliamentarians, including many senior Government Members. The Government opposed all those amendments.
I find myself in some difficulty this morning, because although we absolutely want the legislation on the statute book, we do not want rushed legislation that leads to unintended consequences. I have some sympathy with the Minister, as I suspect that she is embarrassed about it, but that is the problem we have. We will not oppose the new clause, but we think that the provisions need to be looked at much more carefully. Otherwise, we will find ourselves in the same kind of situation as with the Dangerous Dogs Act 1991.
Dr Hudson
Thank you, Mr Davies. I rise to welcome Government action on pet theft. In response to the hon. Member for Cambridge, I noted those amendments to the Police, Crime, Sentencing and Courts Bill a few months ago, and the reason why many of us on the Government side voted against them was not because we were against pet theft law being strengthened, but because we were given assurances by the then Justice Secretary, my right hon. and learned Friend the Member for South Swindon (Robert Buckland), who has been mentioned, that pet theft would be addressed in law. I am so pleased, as a veterinary surgeon and a parliamentarian, that we are now at the stage of recognising and passing pet theft into law.
I welcome that the Opposition will not oppose the new clause. I very much agree with the hon. Member for Cambridge that the new clause has been tabled at very short notice, and I feel that the Government can work with the Opposition, with Committee members, and with Members on both sides of the House, to ensure that we get the legislation right. We have to get the wording right so that we can stamp out the abhorrent crime of pet theft.
I have called for some time for the legislation, once introduced, to be expanded to include other species. I welcome the Government’s acknowledgment of those calls and their attempts to address them with new clause 6, but I share the hon. Gentleman’s concerns. As it is worded, the new clause is incredibly complicated, incredibly confusing and subject to much misinterpretation. I urge the Government to look closely at the definitions in the new clause, which are not suitable.
The Government are moving forward on animal welfare. The Animal Welfare (Sentience) Bill has been introduced, and will recognise that animals are fully sentient beings—the theft of animals is distressing for both the animals and their owners. Cats are being stolen as we speak, and should be included. I am keen, though, for the provisions to be expanded beyond pets.
I welcome the fact that we are expanding the measures to other species, but they should not apply only to pets. Should we be talking about “companion animals”, rather than pets? What about farm animals? When a farmer in Cumbria has 20 sheep stolen—a not uncommon occurrence—it is incredibly distressing for that farmer. I urge the Government to look closely at expanding the measures to include all animals: farm animals, horses, ponies. What about the Vietnamese pot-bellied pig that someone keeps in the back of their garden? What about someone who keeps a sheep to help them keep the lawn down—is that a pet or a farm animal? This is where we will end up going due to the complexities of the Bill.
I fear that if the Government do not change new clause 6, we will have some form of George Orwellian “Animal Farm” interpretation of how important some animals are compared to others. I urge the Government to not let us go into that. These animals are being stolen now—farm animals, horses, cats, dogs—so we need to act now. I welcome what the Minister is doing, and what DEFRA is doing, and I encourage them to listen to voices on both sides of the House. I ask with good grace whether the Minister will meet me and Lord Goldsmith. Can we get round the table and see if we can improve these clauses, so that all animals are covered, and so that we can stamp out not just pet theft, but animal theft?
James Daly (Bury North) (Con)
It is a pleasure to serve under your chairmanship, Mr Davies. I was a criminal defence solicitor for 16 years. The one thing that we will never get in legislation that will potentially go before the criminal court is 100% exact language. We are talking about legal interpretation. These are matters that will be decided on by those giving expert evidence and through the interpretation of the courts. That is how the system works—the separation of powers. I understand the point made by my hon. Friend the Member for Penrith and The Border about looking at the wider definition of theft, but all the matters that he mentioned are covered; they are acts of theft, which is on the statute book already.
I welcome new clause 6; I think it is a good clause. Criminal lawyers, together with those giving expert evidence and others involved in the court system, will be able to understand it clearly. Even if we were to have a lengthy discussion, as the hon. Member for Cambridge said, regarding what “forming bonds” means—we could discuss that forever—it will be expert evidence in a court that will decide matters, not what parliamentarians debate. I welcome the clause and congratulate the Minister on it.
The Chair
I welcome Members making contributions, but could you use your leg muscles to indicate that you want to contribute—perhaps near the start of the debate, but you are free to stand whenever you like—so that I do not miss you out? I almost missed that last request to contribute.
Victoria Prentis
Well, we cannot seem to get it right, can we? We are either going to quickly or too slowly. [Interruption.] I am teasing. This is being done quickly; I am not apologising for that because I think the situation is one that we need to resolve quickly. The taskforce was a serious body that did important work, and it worked quickly—I refer Members to its work and recommendations. The Government then had to find the first appropriate piece of legislation for these recommendations to go in; the Animal Welfare (Kept Animals) Bill seemed too good an opportunity to pass up.
I have listened to and accept the comments about “connected persons”, “animals capable of forming bonds” and extending provisions beyond pets. My hon. Friend the Member for Penrith and The Border mentioned livestock; sheep rustling is already covered under the Theft Act 1968. I will take these points away and continue to do work to make sure that the drafting of this clause is, as my hon. Friend the Member for Bury North suggests, entirely suitable for the criminal courts.
I would be delighted to meet, as I am sure Lord Goldsmith would be, any Member of this House, or of the other place, to discuss the drafting of this clause. It is always important that we get the law right. It is important that we make sure the clause is as good as it can be; it is difficult when clauses are brought forward at a late stage of a Bill’s proceedings. However, I am not apologising for that; it is right that we should do this. We should make a new offence of pet abduction and this is an appropriate place to do that.
Dr Hudson
I welcome the Minister’s comments. On the concept of forming a bond with an animal, I note the comments made about livestock rustling. The Bill covers livestock worrying, too. It can be incredibly distressing for a farmer when farm livestock are attacked by dogs. A person can have a bond with an individual animal or be devastated when 20 sheep are attacked by a dog. I take on board what my hon. Friend the Member for Bury North, who is from the legal profession, said about the legal definition of the word “bond”, but I think these debates in the courts of law will be incredibly fraught, so I urge the Government to move on that.
Victoria Prentis
I reassure Members that we will look carefully at the drafting of this clause, following the remarks we have heard today. I am confident that this is an appropriate place to bring forward the offence of pet abduction, and I am pleased that we have been able to do so.
Amendment 85 agreed to.
Amendments made: 63, in clause 51, page 33, line 13, after “Part” insert
“(except section (Concurrent functions in Wales))”.
This amendment is consequential on Amendment 64.
Amendment 64, in clause 51, page 33, line 13, at end insert
“; section (Concurrent functions in Wales)) comes into force at the end of the period of two months beginning with that day.”
This amendment provides for the commencement of new clause (Concurrent functions in Wales).
Amendment 65, in clause 51, page 33, line 16, leave out from first “Ministers” to “may” in line 17.
This amendment is consequential on Amendment 67.
Amendment 66, in clause 51, page 33, line 18, at end insert “in Scotland”.
This amendment is consequential on Amendment 67.
Amendment 67, in clause 51, page 33, line 18, at end insert—
‘(6A) The Welsh Ministers may by regulations make transitional or saving provision in connection with the coming into force of any provision of Part 1 or 3 in relation to Wales.’—(Victoria Prentis.)
This amendment confers powers to make transitional or saving provision on the Welsh Ministers, in consequence of Part 1 applying to Wales (as well as Part 3).
Question proposed, That the clause, as amended, stand part of the Bill.
Victoria Prentis
The clause sets out when provisions in the Bill will commence, following Royal Assent.
Question put and agreed to.
Clause 51, as amended, ordered to stand part of the Bill.
Clause 52
Extent
Amendments made: 68, in clause 52, page 33, line 32, at end insert—
“() section (Animal Welfare Act 2006: minor amendments) extends to England and Wales only;”.
This amendment provides for the new clause containing minor amendments of the Animal Welfare Act 2006 to extend to (ie form part of the law of) England and Wales only.
Amendment 69, in clause 52, page 33, line 35, at beginning insert “Subject to subsection (5),”.
This amendment is consequential on Amendment 70.
Amendment 70, in clause 52, page 33, line 35, at end insert—
“(5) The amendments and repeals made by section (Concurrent functions in Wales) have the same extent as the enactments to which they relate.”—(Victoria Prentis.)
This amendment provides for the amendments and repeals of Schedule 7B to the Government of Wales Act 2006, made by a new clause, to have the same extent as that Schedule.
Question proposed, That the clause, as amended, stand part of the Bill.
Victoria Prentis
This clause sets out the territorial extent of provisions in the Bill.
Question put and agreed to.
Clause 52, as amended, ordered to stand part of the Bill.
Clause 53
Short title
Question proposed, That the clause stand part of the Bill.
Victoria Prentis
This clause is a standard provision that simply provides for the short title of the Bill once it becomes an Act at Royal Assent. The short title of this Bill will be the Animal Welfare (Kept Animals) Act 2021.
Question put and agreed to.
Clause 53 ordered to stand part of the Bill.
New Clause 1
Animal Welfare Act 2006: minor amendments
‘(1) The Animal Welfare Act 2006 is amended as follows.
(2) In section 31(1) (time limits for prosecutions) after “under” insert “or by virtue of”.
(3) In section 51 (inspectors)—
(a) in subsection (5) after “under” insert “or by virtue of”;
(b) after subsection (6) insert—
“(7) In this section, a reference to the purposes of this Act includes the purposes of provision made under the Act.”’—(Victoria Prentis.)
This new clause amends the Animal Welfare Act 2006 so that section 31 (time limits for prosecutions) applies to offences under regulations under that Act (as well as to offences under that Act) and section 51 (inspectors) applies in relation to provisions of regulations under that Act (as well as in relation to provisions of that Act).
Brought up, read the First and Second time, and added to the Bill.
New Clause 2
Concurrent functions in Wales
‘(1) Schedule 7B to the Government of Wales Act 2006 (general restrictions on legislative competence of Senedd Cymru) is amended as follows.
(2) In paragraph 9(8)(b) (exceptions to restrictions relating to reserved authorities)—
(a) omit the “or” at the end of paragraph (vi);
(b) at the end of paragraph (vii) insert “; or the Animal Welfare (Kept Animals) Act 2021.”
(i) the Animal Welfare (Kept Animals) Act 2021.”
(3) In paragraph 11(6)(b) (exceptions to restrictions relating to Ministers of the Crown)—
(a) omit the “or” at the end of paragraph (vi);
(b) at the end of paragraph (vii) insert “; or the Animal Welfare (Kept Animals) Act 2021.””
(i) the Animal Welfare (Kept Animals) Act 2021.”’—(Victoria Prentis.)
This new clause amends Schedule 7B to the Government of Wales Act 2006 so as to disapply certain restrictions in that Schedule in relation to functions conferred by or under the Bill.
Brought up, read the First and Second time, and added to the Bill.
New Clause 3
Regulations
“(1) This section applies to regulations under any provision of this Act except section 51.
(2) A power to make regulations includes power to make—
(a) different provision for different purposes;
(b) different provision for different areas;
(c) consequential, incidental, supplementary, transitional, transitory or saving provision.
(3) Regulations made by the Secretary of State or the Welsh Ministers are to be made by statutory instrument.
(4) For regulations made by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (Scottish statutory instruments).
(5) The Secretary of State may not make a statutory instrument containing (whether alone or with other provision)—
(a) regulations under section 3(1) or (3)(b),
(b) regulations under section 22,
(c) regulations under Part 2,
(d) regulations under Part 3 other than regulations made by virtue of section 46(2A)(c) (power to prescribe fee for making application), or
(e) regulations under section 50 that amend, repeal or revoke provision made by primary legislation or retained direct principal EU legislation,
unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(6) Any other statutory instrument made by the Secretary of State containing regulations is subject to annulment in pursuance of a resolution of either House of Parliament.
(7) The following regulations made by the Scottish Ministers are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010)—
(a) regulations under Part 3 other than regulations made by virtue of section 46(2A)(c);
(b) regulations under section 50 that amend, repeal or revoke provision made by primary legislation or retained direct principal EU legislation.
(8) Any other regulations made by the Scottish Ministers are subject to the negative procedure (see section 28 of that Act).
(9) The Welsh Ministers may not make a statutory instrument containing (whether alone or with other provision)—
(a) regulations under section 3(1) or (3)(b),
(b) regulations under section 22,
(c) regulations under Part 3 other than regulations made by virtue of section 46(2A)(c), or
(d) regulations under section 50 that amend, repeal or revoke provision made by primary legislation or retained direct principal EU legislation,
unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru.
(10) Any other statutory instrument made by the Welsh Ministers containing regulations is subject to annulment in pursuance of a resolution of Senedd Cymru.
(11) In this section “primary legislation” has the meaning given by section 50.’—(Victoria Prentis.)
This new clause makes provision about regulations under the Bill (except regulations under clause 51).
Brought up, read the First and Second time, and added to the Bill.
New Clause 5
Taking of dog without lawful authority etc
“(1) A person commits an offence if, without lawful authority or reasonable excuse, the person takes or detains a dog in England—
(a) so as to remove it from the lawful control of any person, or
(b) so as to keep it from the lawful control of a person who is entitled to have lawful control of it.
(2) No offence is committed if the person taking or detaining the dog is connected with any of the following—
(a) any person entitled to have lawful control of it;
(b) where it is removed from the lawful control of a person, that person.
(3) A person who commits an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);
(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).
(4) In this section—
“connected person”: a person is connected with another person if—
(a) they are married to each other,
(b) they are civil partners of each other,
(c) one is the parent of the other, or
(d) they are siblings (whether of the full blood or the half blood);
“detaining”: references to a person detaining a dog include the person—
(a) inducing it to remain with the person or anyone else, or
(b) causing it to be detained;
“maximum summary term for either-way offences”, with reference to imprisonment for an offence, means—
(a) if the offence is committed before the time when paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 comes into force, 6 months;
(b) if the offence is committed after that time, 12 months;
“taking”: references to a person taking a dog include the person—
(a) causing or inducing it to accompany the person or anyone else, or
(b) causing it to be taken.” —(Victoria Prentis.)
This new clause, which will be added to Part 3, creates an offence, committed by taking or detaining a dog in certain circumstances. The offence applies in England.
Brought up, read the First and Second time, and added to the Bill.
New Clause 6
Power to extend section (Taking of dog without lawful authority etc)
“(1) The Secretary of State may by regulations amend section (Taking of dog without lawful authority etc) so that it applies not only to dogs but also to one or more other species of animal.
(2) The power under subsection (1) may be exercised in respect of a species only if the Secretary of State considers—
(a) that animals of that species are commonly kept as pets, and
(b) that there is evidence that—
(i) animals of that species are capable of forming bonds with people who keep them, and
(ii) removing an animal of that species from a person with whom it has formed a bond may adversely affect its wellbeing.
(3) Before making regulations under this section the Secretary of State must consult such persons as the Secretary of State considers appropriate.” —(Victoria Prentis.)
This new clause, which will be added to Part 3, confers a power to extend the new offence relating to the taking or detaining of a dog so as to apply in relation to other species.
Brought up, read the First and Second time, and added to the Bill.
New Clause 7
Prohibition of Sow farrowing stalls
“In Schedule 8 of the Welfare of Farmed Animals (England) Regulations 2007 omit sub-paragraph 6(2).”—(Daniel Zeichner.)
This new clause would the end the use of sow farrowing crates.
Brought up, and read the First time.
Daniel Zeichner
I beg to move, That the clause be read a Second time.
We move on to what could be called the second half of the Committee—Labour’s animal welfare Bill. I suspect that there will be a division on new clause 7, which is about pigs. Schedule 8 of the Welfare of Farmed Animals (England) Regulations 2007 allows female pigs to be kept in small metal crates for the period beginning seven days before the predicted day of their farrowing and ending when the weaning of the pigs is complete—a process that lasts around four weeks. This clause would put an end to the use of those sow farrowing crates.
Compassion in World Farming tells us that every year, over 200,000 sows are subjected to this procedure, the purpose of which is to try to reduce the risk of the sow lying on and crushing her new-born piglets. We acknowledge that that is clearly a problem for farmers. However, as a result of their seeking to achieve that aim, sows are forced to spend weeks in stalls, unable to turn around. Alongside the crate in the pen is a creep area for the sow’s piglets. The piglets are able to reach the sow to suckle, but she is unable to clean and interact with them.
Farrowing crates are also a major concern because they prevent sows from building their nests. Even if nest-building material is provided—sadly, that does not always happen—sows do not have room to build them. Not allowing sows to behave naturally can make them frustrated and stressed, and the sow is more likely to savage the piglets in farrowing crate systems. I do not think there is much dispute anywhere about the desire to find a way forward on this issue.
Alternatives to farrowing crates, many of them designed by British farmers and engineers, are already commercially available in the UK. We should support British ingenuity and pig welfare by requiring the use of these higher-welfare systems. Labour has long been committed to ending the cage age and banning sow farrowing crates, and many others from across the political spectrum are committed to the cause—including, it would seem, the Prime Minister, who claimed in the Chamber that as a result of Brexit, we would be now able to introduce such a ban. The issue was very close to the heart of Sir David Amess, who earlier this year brought forward a private Member’s Bill, the Pig Husbandry (Farrowing) Bill, that sought to ban the use of farrowing crates.
However, I am also mindful of the challenges facing pig producers, particularly at the moment. I have spoken about this frequently in recent months, and have urged the Government to give swifter assistance. As we speak, the culling of healthy pigs continues on farms, because despite the welcome announcements a few weeks ago, neither the temporary visa scheme nor the private storage scheme has yet come into effect. Sadly, it may be mid-December before the 800 skilled pork butchers arrive, and in reality, help may not come before the new year, so the situation remains very serious.
We will press the new clause to a vote, and are signalling our intention to bring in a ban when in government, but I reassure the industry that we will work closely with it to make sure that a ban is introduced in a way that does not damage the industry. We all want higher standards. This goes to the heart of the trade debate. There is no point imposing higher animal welfare standards here if the suffering, and the industry, is merely exported elsewhere. The Government have repeatedly told us that we should trust them on not allowing lower-standard food products to be imported. Frankly, we do not, but if we take them at their word, the amendment should not create a problem. I suspect many Government Back Benchers are not entirely persuaded either.
I note that the Government’s action plan for animal welfare says they
“are currently considering the case for introducing further reforms, on areas such as the use of farrowing crates for pigs”.
Here is their opportunity. It is time to move on and end the suffering caused by farrowing crates.
Victoria Prentis
The hon. Gentleman, with whom I remember discussing this issue at some length during the passage of the Agriculture Bill, will know that we are very much of one mind on this issue. My difficulty is that the new clause would cause an immediate ban.
The Government’s action plan on animal welfare said that we are considering the case for further reforms in this area. Our stated aim is for farrowing crates to no longer be necessary. We want any new system to protect the welfare of the sow, as well as her piglets, but an immediate ban on the use of farrowing crates for sows without full consideration of the implications for animal welfare and the pig sector would have a significant impact on the industry. We spoke to Dr Zoe Davies, chief executive of the National Pig Association, earlier this week. She said:
“To suggest an immediate ban”,
as the hon. Gentleman suggests,
“on the use of farrowing crates would be the final straw for the majority of indoor producers and would trigger a mass exodus from the pig sector, thus exporting production to countries with lower welfare standards. Far better to work with the sector on a longer term transition, which we have already begun.”
Some 60% of UK sows are kept indoors and use farrowing crates, so moving overnight entirely to free-farrowing systems would require a fundamental change for pig producers, and significant investment. I am keen to ensure we have a realistic phasing-out period that is sustainable for the industry, so that we can achieve the welfare goals shared by Members from across the House. I do not consider this Bill to be the appropriate delivery mechanism, so I cannot support the new clause, and I ask that it be withdrawn.
Daniel Zeichner
The Minister is absolutely right: we sat here two years ago and had exactly the same conversation. The question is: when? That is the problem. I do not disagree with Zoe. I will speak to her about this in a few days’ time. I have made it absolutely clear that we would not make this change without working with the industry to ensure that the dangers the Minister mentioned, of which we are all aware, do not come to pass. This animal welfare Bill is an opportunity to take a stand. That is why we will put the new clause to a vote.
Question put, That the clause be read a second time
Daniel Zeichner
I beg to move, That the clause be read a Second time.
This new clause returns us to part 2 of the Bill, on dogs attacking and worrying livestock. As I said on Tuesday, we want to address the issue of compensation for farmers who are victims of livestock worrying. As we noted then, livestock worrying has a significant financial impact: in 2020, the total costs were around £1.3 million, while data from NFU Mutual indicates that in the first quarter of this year, the cost of dog attacks on livestock rose by more than 50%. That insurer said that its total claims for January to March of this year were estimated at £686,000—up from £453,000 for the same period last year.
As we discussed on Tuesday, contributing factors may well be increased dog ownership and, since the first coronavirus lockdown, more people accessing the countryside with a lack of understanding of how to behave there. That is why organisations including the Royal Society for the Prevention of Cruelty to Animals, the National Farmers Union and the Countryside Alliance supported the requirement for dogs to be on leads when around livestock. We have had that debate, and the Committee chose not to go down that route, but that does not mean that we cannot use our deliberations as an opportunity to look at whether there are ways to offer support to livestock owners. I listened closely to the moving words from the hon. Member for Penrith and The Border.
The new clause would require the Secretary of State to carry out a review of the appropriate measures to compensate livestock owners for cases of livestock worrying. It would also require the Secretary of State to bring forward legislation based on the findings of the review within 12 months of the date of the Bill receiving Royal Assent.
This is not a simple issue, but given that there are rights of way, and that we all want more people to enjoy access to the countryside, it is reasonable, when those various rights collide, to at least consider the consequences for those who live in the countryside and whose living is made by raising livestock. Is there a public responsibility to help in those situations? The need to find the right balance calls for a proper review.
Victoria Prentis
We absolutely understand how distressing and financially damaging livestock worrying can be for farmers. The legislation makes reforms to provide police with more powers to tackle dog attacks on livestock, so that we can identify and, we hope, prevent repeat offences. That should, in turn, lead to fewer instances of livestock worrying, but we will monitor that closely.
However, we appreciate the importance of not leaving farmers out of pocket when they fall victim to livestock worrying attacks. We agree that suitable and effective compensation mechanisms are key. There are various ways that farmers can recoup their losses, including through out-of-court settlements, civil compensation claims and insurance claims. Insurance is often claimed via the NFU, which is, as we know, the UK’s leading rural insurer. The NFU estimates that the cost of dog attacks on farm animals was around £1.3 million in 2020, and the average value of an NFU claim in this area was £1,329. Most livestock worrying incidents are resolved in out-of-court settlements through the community resolution process. That is the police’s preferred route; it allows the victim to be compensated swiftly without escalation, and relies on an agreement between the victim and the suspect.
We are happy to consider how well existing mechanisms—other than insurance via the NFU and other providers—work. We will work closely with the industry and the police to ensure that that happens. By modernising the legislation and improving the enforcement mechanisms, we aim to reduce livestock attacks in the future. We hope that, through improved awareness, with dogs being kept away from livestock and on leads where appropriate, there will be less need for compensation. I therefore ask that the new clause be withdrawn.
Daniel Zeichner
In the light of the Minister’s response, for which I am grateful, I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 10
Regulation of the keeping of hunting dogs
“(1) The Secretary of State must, within 12 months of the date of Royal Assent to this Act, make regulations providing for licensing of the keeping of one or more dogs used for the purposes of hunting.
(2) It shall be an offence to keep a dog which is used for hunting without a licence.
(3) For the purposes of this section, “hunting” includes, but is not limited to—
(a) hunting any animal; and
(b) trail hunting or other hunt simulation.”.—(Daniel Zeichner.)
This new clause would require the Secretary of State to make regulations for licensing of the keeping of one or more dogs used for the purposes of hunting.
Brought up, and read the First time.
The Chair
With this it will be convenient to discuss the following:
New clause 11—Hunting dog welfare: review and consultation—
“(1) The Secretary of State must carry out a review of the welfare conditions of dogs used for hunting.
(2) In conducting the review the Secretary of State must—
(a) consider the welfare conditions of dogs used for hunting;
(b) consult the public and such persons as the Secretary of State considers appropriate on the welfare of dogs used for hunting.
(3) The Secretary of State must lay before Parliament a report on the findings of the review, which must set out recommendations for action.”
This new clause would require the Secretary of State to conduct a review into the welfare conditions of dogs used for hunting.
New clause 12—Ban on the use of a dog below ground in the course of stalking or flushing out—
“The use of a dog below ground in the course of stalking or flushing out is prohibited.”.
New clause 13—Removal of exemption of hounds under the Road Traffic Act—
“(1) The Road Traffic Act 1988 is amended as follows.
(2) In section 27 (Control of dogs on roads), in subsection (4) omit paragraph (b).”.
Daniel Zeichner
You might not like this one so much, Mr Davies—or some might not. New clauses 10, 11 and 12 are about the welfare of hunting dogs. I am grateful to the League Against Cruel Sports for its advice on the new clauses.
New clause 10 would require the Secretary of State to make regulations within 12 months of the passing of the Bill that would require individuals who keep one or more hunting dogs to obtain a licence, and it would make it an offence to be in possession of hunting dogs without a licence. New clause 11 would require the Secretary of State to carry out a review of the welfare of dogs used for hunting. At the core of these issues is a concern about the welfare of hunting dogs and that the absence of a robust licencing system has resulted in some hounds experiencing poor welfare conditions.
Unlike dog boarding kennels, which are commercial and therefore licensed, hunt kennels are not licensed and are regulated by the code of practice for the welfare of hounds in hunt kennels. The code sets out that euthanasia is not an offence so long as it is done in an “appropriate and humane manner”. It says that, for adult hounds over the age of 10 weeks, a humane killer should be used, and that hounds of all ages may be put down by a veterinary surgeon with an overdose of Euthatal. The issue is that hunt kennels are not independently inspected, and so there is no independent monitoring of hound welfare and the euthanasia of hounds. As a result, hound welfare concerns are unlikely to come to light, and when they do, reports of how the dogs are treated sometimes fall well below expected standards.
Last month, ITV published an exposé of the killing of hounds by the Beaufort hunt, which included videos of hounds being dragged outside and shot, including one hound that was shot twice, minutes apart, before it died. It is believed that the shooter was not a trained veterinary professional. This clearly does not constitute appropriate and humane euthanasia. I watched the footage, and I suggest others do so, although it is upsetting. A number of those commenting in the ITV piece, including a Conservative MP, urged regulation. That is what we propose.
In 2015, the Daily Mirror published a report on the treatment of hunting dogs, including the testimony of a former hunter who said that the whipping of dogs was commonplace and that hounds are disposed of when they are perceived to have failed in any way. In the past, when the debate over the future of hunting was raging, I visited the West Norfolk Foxhounds to speak to people directly. My strongest memory of that visit was of the hounds themselves—big, strong dogs, totally unsuitable for rehoming. When I asked what became of them, the answer was honest and clear: “We shoot them.” Some will say that that is just the way of it; that is a reality of rural life. I do not think that is good enough in 2021, and my sense is that most people living in rural areas do not think so either.
It is our view that such weak regulations and the lack of monitoring of hunting kennels leave hounds open to poor welfare conditions. Given that we license dog boarding kennels, I do not see why the same approach is not taken to hunt kennels. Are we saying that somehow the welfare of hunting dogs is not important?
I would like to make it clear that I am not saying that all hunts necessarily treat hounds in that way, but the lack of monitoring makes it difficult to know how they are treated. Given that the Bill is an animal welfare measure, I believe that we should be seriously concerned about the limited understanding of how hounds are treated and the lack of a licensing system to protect their welfare. New clauses 10 and 11 would rectify that.
New clause 12 would ban what is known in the hunting world as terrier work. That terminology describes a hunting activity whereby terriers are introduced into a hole in the ground to flush out or force a wild mammal to escape. If the wild mammal does not escape from the hole immediately, those in charge of the dog will dig down to access it—a process that can take hours, I am told. If the wild mammal—usually a fox, but sometimes a badger—does not subsequently bolt from the hole, there can be an underground battle. That is not only cruel to the wild animal being flushed out, but to the dogs, who risk being forced into a dangerous confrontation, which can result in severe injuries or death.
I am afraid that there is also, in our view, the real risk that the practice is used as a cover for illegal hunting with dogs. Although hunting with dogs is illegal, we are told that those who work with terriers still sometimes accompany hunts under the guise of trail hunting. There is of course little reason for that since no live wild mammals should be being hunted and there should be no need for support to flush out a wild mammal. Recently, in a notorious, high-profile case, Mark Hankinson of the Masters of Foxhounds Association was found guilty of encouraging and assisting people to evade the ban on foxhunting. The prosecution was the result of leaked footage of webinars hosted by the Hunting Office in August 2020, during which, among other incriminating comments, Mr Hankinson said that terrier work is “our soft underbelly”.
The League Against Cruel Sports reports that, in addition to its role in foxhunting, terrier work continues to occur as a stand-alone recreational pastime for individuals and gangs of people across the country who enjoy using their terriers to attack foxes and badgers. It stated that evidence it has gathered suggests that putting dogs underground to chase and fight foxes can lead to some of the worst cruelty cases associated with hunting. Given the harm that terrier work can cause to dogs, the new clause banning the practice is long overdue.
New clause 13 would remove the exemption for hunting dogs from section 27 of the Road Traffic Act 1988, under which local authorities may specify “designated” roads where dogs must be kept on leads. Sadly, every season there are incidents of hounds causing chaos by running across roads when trail hunting. During the March 2019-20 hunting seasons, the League Against Cruel Sports received 128 reports of hunts causing havoc on roads. Eight involved foxes being chased across roads by hounds that were supposedly trail hunting. The league also received reports of 10 hounds involved in road traffic collisions. Five of them were killed.
Removing the exemption would mean that a hunt had to abide by the same rules as any other dog owners on designated roads. Again, that should not pose a challenge to legal hunts. If trail hunts are operated properly, they can be organised in a manner whereby there is no possibility of hounds ending up on the road. The route of any trails laid should be properly planned, well away from such hazards. In cases of exempt hunting, hunts should have sufficient control over hounds to prevent them from unexpectedly marauding across and along roads. It should be added that not all roads are designated, so hunts will still be allowed to cross certain roads if the council allows it.
Victoria Prentis
The Government are committed to improving the welfare of all dogs. The Animal Welfare Act 2006 puts obligations on all animal keepers to meet the full range of welfare needs. It is backed up by the statutory code of practice, to which we referred extensively on Tuesday, for the welfare of dogs.
The Animal Welfare (Sentencing) Act 2021 raised the maximum penalty for cruelty to five years’ imprisonment and an unlimited fine. Local authorities have powers under the 2006 Act to act where a dog is suspected to be suffering. The local authority can enter the land and take control of the animals. As we know, local authorities often work very closely with the RSPCA.
The Committee will remember that dog licensing was abolished in 1988. I remember buying a licence for our springer spaniel at the post office as a child—it cost 37p —but apparently only half of all owners bought one. We did not find that dog licensing ensured the welfare of dogs or restricted who was able to keep them. We would need sufficient evidence of welfare concerns to treat one type of dog differently from another.
Daniel Zeichner
I thank the Minister for her response. I suspect that we will not find agreement on this. I do not think that there is any need to rehearse the arguments at length, but the Minister’s licensing argument is weak, frankly. On that basis, we will not pursue all the new clauses, but I will press new clause 10, on the basic welfare of hunting dogs, to a Division.
Question put, That the clause be read a Second time.
Olivia Blake (Sheffield, Hallam) (Lab)
I beg to move, That the clause be read a Second time.
The new clause would ban the sale of dogs with cropped ears, although obviously not if they have been rehomed by official rescue organisations. We have been over the issue during our debates, but this new clause is about the sale of such dogs, rather than their transportation into the country. Let us see what the Minister has to say.
Victoria Prentis
The mutilation of dogs’ ears has been banned in the UK for some time, but there is currently no ban on imports, so as we heard in evidence, sadly the numbers continue to rise. The Bill includes an enabling power that will allow us to restrict such imports on welfare grounds via secondary legislation. We recently consulted widely on the issue and received 14,000 responses, of which we will publish a summary early next year. We are also working closely with the devolved Administrations on the matter.
In summary, we already have the powers to take action, and we are working through the process of doing so. I therefore ask for the new clause to be withdrawn.
Olivia Blake
As I said earlier, this practice has increased by 621%, which is obviously concerning. I hear what the Ministers says, and although a ban on sales would be welcome, we will not push the new clause to a vote.
I beg to ask leave to withdraw the clause.
Clause, by leave, withdrawn.
New Clause 16
Snare traps
“Snare traps may not be used in England in areas where there is a possibility that kept animals may become intentionally or unintentionally ensnared.”—(Olivia Blake.)
This new clause would prohibit the use of snare traps in the England where there is a possibility that they might ensnare kept animals. Snare traps are thin wire nooses that are used to catch foxes, rabbits and stoats but can also catch other animals such as cats.
Brought up, and read the First time.
Olivia Blake
I beg to move, That the clause be read a Second time.
Under new clause 16, we propose a ban on the use of snare traps in England in areas where there is a possibility that kept animals might be ensnared, whether intentionally or not. Snares are imperfect, indiscriminate traps that regularly cause unnecessary suffering and harm to kept animals as a result of incorrect usage and inadequate legislation. Although snares can legally be used only to trap certain species, in reality it is impossible to limit the species or type of animal that gets trapped in a snare. As a result, non-target species are often caught and suffer through exposure and injury.
The current legislation, which was introduced in 2005, is failing to protect animals from harm. It proposed a code of practice on snares, setting out best practice on their use and guidance on where and how to set them. Unfortunately, compliance with the code is voluntary, which severely negates its effectiveness. A 2012 report by DEFRA found that although awareness of the code was high, levels of compliance with best practice were, sadly, exceedingly low.
The same report found that 1.7 million animals were caught in snares each year. Of those, 33% were hares, 26% were badgers, 25% were foxes and 14% were other animals. In 2015 alone, the RSPCA reported 717 calls from members of the public about animals caught in snares, including 157 cats, 58 dogs, 10 equines and 307 wild mammals. The reality is that without more controls over the placement of snares, there is no way to prevent more kept animals from being snared and injured, whether intentionally or not.
Victoria Prentis
I absolutely recognise that snares can be used improperly, and that non-target species, such as livestock, and particularly cats, can get trapped in them, sometimes fatally. The code of practice to which the hon. Lady referred was set out in 2016, and tries to ensure that snares are not set near domestic dwellings, where pets may be trapped.
We continue to work on the issue. In our action plan for animal welfare, we have committed to opening a call for evidence on the use of snares, which we hope to publish shortly. We encourage Members across the House, and indeed members of the public, to make their views known when we open the consultation. In those circumstances, I ask that the motion be withdrawn.
Olivia Blake
I understand what the Minister says about more consultation, but the Opposition feel that the matter is clearcut and we wish to press new clause 16 to a vote. A lot of time has passed since the code of practice came in; as I say, it is sad to hear that it has been ineffective in resolving some of the issues.
Question put, That the clause be read a Second time.
The Chair
Order. I do apologise; the Whip had meant to adjourn the Committee, but she did not do it in time, so please carry on.
Olivia Blake
Thank you, Mr Davies—I will be quick. I am sure that everyone knows about the “justice for Reggie” campaign, which has been working tirelessly better to regulate online sales of animals following a tragic experience. Reggie was a 12-week-old Labrador who was sold online through a reputable website that advertises thousands of puppies for sale, but he was sold without proper care from a breeder and with insufficient checks to safeguard his welfare and wellbeing. Within 12 hours of Reggie arriving home with his new owners, he fell gravely ill. He spent the next three days receiving care at a vets before dying of parvovirus. His death was painful and horrific, and his owners were understandably still traumatised because of their ordeal. Following Reggie’s death, it was discovered that false documentation had been provided, and in fact Reggie was unwell at the time of the sale.
The new clause proposes further regulation of online animal sales to prevent situations such as Reggie’s happening again. It would require all websites that sell animals to verify the identity of all sellers. It further proposes that all prospective sellers who wish to sell a cat or dog aged one year or less must post a photograph of the animal with one of its parents. Putting such checks on a legal footing would help strengthen the use of online sales—unfortunately, I do not think we can end them—and is essential to prevent animals being sold with falsified or no documentation. We could therefore ensure that all animals sold come from reputable, trustworthy breeders.
Victoria Prentis
The Government take this issue seriously and have recently taken several steps to strengthen pet breeding and selling regulations, including banning the third-party sale of kittens and puppies. We are also encouraging the responsible sourcing of pets via the national “petfished” campaign.
The Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 introduced a wide range of real welfare improvements for pet breeding and pet sales. The object of the regulations was to update and improve the existing welfare standards. They also provided a template for adding further activities in future, when necessary. The regulations make numerous requirements of pet sellers and dog breeders who are licensed relating to the keeping of records and advertising. Any licensed pet seller or dog breeder advertising animals for sale will need to include their licence number in the advert and specify the local authority that issued the licence. Additional requirements relating to adverts include a requirement for the age of the animal to be displayed alongside a recognisable photo. That said, we are always looking to make improvements where possible. We will review the regulations before October 2023.
Our regulations aim to ensure that sellers and breeders become responsible, but I understand that the hon. Member’s concerns are about online platforms used by sellers; that is what the new clause covers. It may be helpful to outline the work that the Government are doing. We support the work of the pet advertising advisory group—PAAG—created in 2001, which aims to combat concerns regarding the irresponsible advertising of pets for sale, rehoming and exchange. It comprises various animal welfare organisations, trade associations and vet bodies. It has been engaging with online marketplaces in the UK to help them to distinguish appropriate adverts and take down those that are not.
DEFRA has backed a set of minimum standards developed by PAAG. Encouragingly, several of the UK’s largest classified websites have now agreed to meet those standards. I look forward to working closely with PAAG. I therefore ask the hon. Member not to move the new clause.
Olivia Blake
I thank the Minister for the response. I beg to ask leave to withdraw the clause.
Clause, by leave, withdrawn.
Ordered, That further consideration be now adjourned. —(Mrs Wheeler.)
Nuclear Energy (Financing) Bill (Fourth sitting)
Thursday 18th November 2021
(2 years, 5 months ago)
Public Bill CommitteesRead Full debate Nuclear Energy (Financing) Act 2022 View all Nuclear Energy (Financing) Act 2022 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 18 November 2021 - (18 Nov 2021)
The Committee divided: - Ayes: 5 / Noes: 7 - Question accordingly negatived.
The Minister of State, Department for Business, Energy and Industrial Strategy (Greg Hands)
Welcome back to the Chair, Ms Fovargue.
I believe that the intent of the amendment is already captured in the approvals framework for the regulated asset base. That includes the process for designating a project and then modifying its licence, and wider due diligence on the project. The Government simply would not allow a company to enter into a RAB revenue collection contract if there were cause to doubt the ability of the company to complete construction, a point made slightly more pithily by my hon. Friend the Member for Bridgend in his intervention on the shadow Minister, the hon. Member for Southampton, Test. We expect to say more about how the Secretary of State will make this judgment in our statement on the designation criteria, which we will publish in advance of any consultation on designation.
Before considering the matter of licences, let me return to the question asked earlier by the hon. Member for Kilmarnock and Loudoun. Sizewell C does have a licence, as within the terms of clause 1(2). He said that he could not find the link to the licence on the Ofgem website, so I will commit to write to him, copied to the Committee, with that link.
Designation is very much the first step in the process of amending a developer’s licence to include the RAB conditions. At the point of designation, no commitments have been made; a project will be under development, and further negotiation is required between the developer and the Government. The process is open and transparent and includes consultation at several stages, meaning that a project will be designated only at an appropriate point.
Let me deal with the points raised about various RAB projects in the United States. It is not unreasonable to look at foreign experiences, but it is important to separate the experience of another country in developing and delivering a nuclear power plant from what part of that experience was due to a RAB model. There were several unique circumstances linked to the failure of the South Carolina Virgil C. Summer project, which was referred to, and the parent company, including—[Interruption.] I beg your pardon?
Dr Alan Whitehead (Southampton, Test) (Lab)
Sorry. I was just wondering to myself whether the Minister had looked all this up during lunchtime. If so, I congratulate him on doing so.
Greg Hands
I thank the hon. Gentleman for that intervention—I think it was an intervention—from a sedentary position. As the Energy Minister, I have to be aware of what is going on in the world of nuclear globally, so no, I did not look it up during lunchtime, actually; I have looked into this and other US plants. The failure of the Virgil C. Summer project—I think that is the one he was referring to—and the parent company included arrests and a conviction for fraud. There were also issues linked to design and supply chain immaturity, as well as a lack of experience with the construction of new nuclear projects. Those issues are pretty far removed from its status as a RAB project. I do not think those risks in South Carolina are applicable to the UK.
Dr Whitehead
I fully accept that the Minister did not look that up at lunchtime and that he is fully apprised of the circumstances surrounding the South Carolina project. However, does he not accept that the issues that he has mentioned as relevant to the failure of that project—it was entered into without proper consideration of a lot of things that, as he said, were at least in part responsible for its failure—are precisely the sorts of issues that we would expect him to take into account and sort out before deciding on the designation of a project in this country?
Greg Hands
Broadly speaking, the answer is yes. I think that all of those factors, if known at the time, would be considered when the Secretary of State makes the designation. That is the point. Of course they would be factors, were they to be known. I cannot put myself in the shoes of the governor of South Carolina—if indeed it was the governor of South Carolina who made the decision—but if he were or had been of the opinion that the project could not have been completed, he would surely not have made the designation at that time. I am slightly hesitant to stray into the politics of South Carolina, but doubtless the governor was of the opinion at that time that the project would have been completed. The hon. Gentleman uses South Carolina as an example, but I do not think that his amendment would have helped the governor make that decision.
This is not just a question of the factors, which are already covered in the Secretary of State’s determination of a RAB designation. The timing is also important. A project has to go through many stages and approvals post designation of a RAB. To include the hon. Gentleman’s additional definition at this stage might be premature, though I doubt it is needed at all, for the reasons pithily put by my hon. Friend the Member for Bridgend about the chances of the person making the decision being of the view that the project might not be completed. If that were the case, I think it would be a highly material fact in determining whether to designate a RAB. I do not believe that this amendment is necessary in order to meet the laudable objectives that Opposition Members seek to achieve. I therefore ask the hon. Gentleman to withdraw the amendment.
Dr Whitehead
I hear what the Minister says about the amendment, but I am not entirely convinced that he has made the case that he thinks he has made as to why this addition is not necessary for the designation process. After all, we are not talking here about a particularly adept and alert Minister in a particular Administration taking a decision on Sizewell C. As the Minister has said, this Bill is supposed to deal with decisions that might be taken under other circumstances, for other projects, at other times, with other Ministers, and possibly other Administrations. It is important that we put in legislation everything that we think could go wrong with a project and its designation process, so that the legislation is robust for the future.
On South Carolina, the Minister is right. The project failed as a result of a series of interlocking issues. Those issues were not necessarily associated with the RAB process, which is what we are considering in this Bill, but there were wider concerns that should have been apparent to legislators in South Carolina when the project was commissioned and went ahead. Many of the things that the Minister alluded to that occurred in South Carolina were not unforeseeable events. They were events that could have been analysed out at the time of the designation of the plant. Essentially the amendment seeks to address that issue.
We will not press this amendment to a vote—indeed, we will withdraw it—but we have put on the record our belief that the Secretary of State should have a very substantial hand in ensuring, as far as possible, that the project really can come to completion. I am sure that the Minister is with me on that and agrees that that should be the process by which we conduct designation.
Even if it is not explicitly in the Bill, the fact that the Minister has indicated that he thinks that a number of these issues can be covered within the designation elements is perhaps a step along the path to ensuring that these processes can be carried out properly. I do not wish to proceed with the amendment on that basis, but we need to do a proper job at the point of designation, for the protection of investors, for the project and for the customers who pay for it.
Greg Hands
Just to probe the hon. Gentleman on this, if I may, one of the criteria is whether the project is sufficiently developed to warrant a RAB. At what point does he think that the fact that the person making the decision might not necessarily think it would be completed would mean that they do not think it is sufficiently developed to start the process? Surely, if they did not think it was going to finish, they would not think it was ready to start either?
Dr Whitehead
The Minister puts that as a binary choice, but it is not because there are circumstances. That is essentially what happened in South Carolina. A number of people thought that it was a fine project that would go ahead; they put forward impossible timelines for the project to work on, there were very difficult financing arrangements and the RAB was placed on top of that. Yes, they may have thought that the project could come to completion, but it was not a very well-founded thought, and nor was it arrived at on the basis of the sort of diligence we should expect from the approach to a project the size of, say, Sizewell C.
The amendment’s intention is not to make the Secretary of State make a choice based on a potential view, when designating a project, that it might not be completed. He should do all that work, and indeed be publicly accountable for it, when ensuring that his view is as well founded as possible and that it will stand the test of time as the project progresses. There are points of landing between knowing whether a project is not going to be completed, and being sure that it is going to be completed. When making a designation, the Secretary of State should be held accountable for arriving at an informed position, which can be scrutinised in future, on whether it is reasonable and realistic to say that a project is likely to be completed. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Greg Hands
This clause, through subsection (1), gives power to the Secretary of State to designate by notice a nuclear company to benefit from a RAB. The later provisions of this part mean that the designation power can only be exercised with appropriate protections and transparency of decision making. Subsection (3) sets out the criteria a company must meet to be eligible for designation: that the Secretary of State must be of the opinion that, as previously debated, the nuclear project is sufficiently advanced to justify the designation, and that designating the company in relation to the project is likely to result in value for money. In considering value for money, it is expected that the Secretary of State will take into account considerations such as the cost to consumers and the impact on our net zero obligations. As set out in clause 3, the Secretary of State will be obliged to publish details on the process that he will follow when assessing whether the criteria are met.
The eligibility criteria offer important protections for consumers and taxpayers. A company can have access to a RAB only when the Secretary of State is convinced that it is a good project and sufficiently advanced, and where the likelihood of cost overruns is remote. The Secretary of State will also need to consider whether using the RAB to fund the project is likely to represent value for money.
Alan Brown (Kilmarnock and Loudoun) (SNP)
I will come to this in my own comments, but is it not the case that the Secretary of State gets to sign off whether he thinks a project is value for money and sufficiently advanced, and then a statement is published giving the reasons for that? However, the Secretary of State gets to write the rules for the sign-off. Is it not the case that no clear structure or checklist will be gone through so that the Secretary of State can sign off such projects?
Greg Hands
I disagree with the hon. Gentleman. I think that the process and the checklist is set out pretty well. If he would like, I can run through how the process works when we get to the later clauses and look at the specifics of the process. It might appropriate to take him through that.
When considering value for money, the Secretary of State is expected to have regard to the cost to consumers, future security of supply and our decarbonisation targets. The Secretary of State can designate multiple nuclear companies at any given time, so more than one project can be designated for a RAB at the same time, but the designation criteria, project status and likely value for money will be applied individually to each project.
Alan Brown
Following on from my intervention, I have real concerns about the clause—we will come later to clause 3—and the lack of transparency in what constitutes value for money. In signing off projects, the Secretary of State has to give an opinion on whether they are suitably advanced to justify a designation, but what constitutes “suitably advanced”? What considerations must the Secretary of State be compelled to make to ensure that a project is suitably advanced to give the correct level of detail and analysis for cost definition in sign-off? We should bear in mind that sign-off for a 60-year contract ties up consumers.
I do not see those considerations in the Bill. The Minister said that he would take the Committee through them, but how does the Secretary of State consider how suitably advanced a project is? Does there have to be a working prototype? There is no working prototype of the evolutionary power reactor model generating electricity to the grid. The projects in France and Finland are years late, over cost and still not connected to the grid—and, as I said earlier, the Taishan 1 EPR is now offline due to safety concerns. How can the Secretary of State have any confidence that a project such as Sizewell C is suitably advanced when there is no working prototype?
What other permissions need to be taken into account to determine whether a project is suitably advanced? Does it need to have planning permission? Does it need to have gone through all its environmental appraisals and have all its environmental approvals in place? Are there other things to consider? How far is outline design to be developed? Is there a level of detail to consider to determine whether a project is suitably advanced? How much site investigation work needs to be undertaken before a Secretary of State can have confidence that a project is suitable advanced, bearing in mind the cost of a 60-year contract? Should consideration be given to a company’s track record on deliverability? That takes us full circle to how there is not an EPR up and running. In a way, that touches on what the shadow Minister said about having confidence that a project can be delivered when not one project has yet been delivered successfully.
The Government are in advanced negotiations on Sizewell C, which is the most well developed nuclear project at the moment. Does it come close to the definition of “sufficiently advanced” or does a lot more work need to be done? That takes us full circle back to the discussions earlier about the £1.7 billion allocated in the Red Book. The Minister has still not given us any clarity on what the £1.7 billion is for. Is it to allow the Sizewell C company to develop the project further to get it to a position that the Secretary of State thinks is sufficiently advanced? That would mean that, by default, the Secretary of State knows what “sufficiently advanced” means, so we should be able to understand what the £1.7 billion is going to pay for. Hopefully, all that can be explained.
EDF has claimed it is using Hinkley as a prototype that it will replicate at Sizewell C. It will accrue savings and just move the design almost lock, stock and barrel from Hinkley into the footprint at Sizewell C. I would have thought that, by default, that means the project is sufficiently advanced such that we do not need the £1.7 billion to advance it any further. A bit of clarity on that would be useful.
We need a lot more clarity on subsection (3)(b). What is the process for the Secretary of State assessing and giving the opinion that
“the project is likely to result in value for money”?
What are the intended governance and transparency protocols? We have spoken about the designation in a statement, but there is no clarity on what the Secretary of State will consider and what will be provided in the statement.
In recent months we have had the dodgy covid contracts. How do we ensure good faith rather than backroom negotiations and that there is public trust in what goes on in the signing-off of contracts? When I asked the Treasury a written question about the £1.7 billion and the discussions the Chancellor has had, the answer I was given was:
“Details of any meetings with companies regarding funding are commercially sensitive.”
If the Treasury will not even tell me who it is meeting and when, how can we have any comfort about what goes on behind closed doors in respect of the negotiations and the assessment of value for money? I hope to come back to value for money later in Committee, because I have tabled a relevant new clause.
It seems to me that as it stands, subsection (3)(b) means nothing, other than that the Secretary of State can rubber-stamp something that he believes to be value for money. Let us bear in mind that this is the Government who told us that Hinkley was value for money, even though everybody argued that the strike rate was too high. With this Bill, they are telling us that Hinkley was actually a rubbish deal, so we need the RAB model in the Bill to save taxpayers’ money.
The Government explained on Second Reading that a contract for difference had to be used for Hinkley because it was the first of a kind, so all the risk was on the developer, but that raises further questions. If a CfD was needed for Hinkley because it was the first of a kind in the UK, how on earth can the Government make a final decision to proceed with Sizewell C under a RAB model before Hinkley is even operational?
Hinkley is 25% over budget and at least a year late, with a possible further 15-month delay on top of that. How can the Government have any confidence in signing off on something like Sizewell C, for which the impact assessment talks about a 2023 construction start date? How can that project be anywhere close to “sufficiently advanced”? How can the Secretary of State do a proper value-for-money assessment given all the outstanding issues with Hinkley?
As I said, we need a lot more clarity on that £1.7 billion. Is that going to be the way forward in future? Is it the intention that, for a project to get to a stage where it is sufficiently advanced and the Secretary of State can make a value-for-money assessment, something like £1.7 billion will be allocated to each developer that is in the mix for a new nuclear project? That is crucial for value for money overall.
Paragraph 50 of the explanatory notes gives four criteria that might be used to consider value for money, but three of them are just the traditional Government tropes to justify nuclear in the first place: security of supply, low-carbon electricity and net zero targets. The Minister alluded to that in his opening speech. Those same arguments have been put forward to justify new nuclear for the past 15 years. We still do not have a new nuclear plant operational, so when the Secretary of State looks at the reasons for value for money, it will be very easy because those are the arguments that they will use.
In particular, the security of supply argument was used to justify Hinkley, but Hinkley was supposed to be required by December 2017 to stop the lights going out. It will not be operational for at least 10 years after that original date, and the lights have not gone out, so security of supply is almost a nonsense argument for value for money. That confirms to me that the criteria are too loose and will be too easy. There will be a lack of transparency, but the Secretary of State will sign it off and say, “Yes, I think the project is value for money.” Again, we have this Bill because they are desperate to get Sizewell signed off at any cost.
In conclusion, for me the clause is too loose and too vague. It is set up to encourage backroom negotiations without transparency. At the very least, it would be nice if the Government conceded to an independent assessment of the risks and value for money for consumers. That was suggested in the witness session on Tuesday by Citizens Advice. I look forward to the Minister’s response, but he will have to go a long way to satisfy me that there is a robust procedure in place to assess value for money and how suitably advanced the project is for designation.
Greg Hands
I thank the hon. Gentleman for that varying and detailed speech on clause 2. I will try to deal with each of his points. First, he raised a series of additional factors that could be considered by the Secretary of State. He might have tabled an amendment, for example, on what those additional factors might be. I do not think I have seen any amendments tabled by the Scottish National party, but he might have perhaps tabled one in the same way that the official Opposition did as a test. My initial response is that the additional factors he raised would be covered by the two criteria on whether it is value for money and sufficiently advanced, so his additional criteria would be encompassed by the two processes that are already there. Perhaps he can table an amendment to deal with where he would specifically like something added.
The hon. Gentleman asked about the £1.7 billion. We have been clear, while remaining consistent with the fact that this is a commercial negotiation, that the funding is to bring a project to a final investment decision in this Parliament, subject to value for money and all relevant approvals. That could include development stage funding to support the maturation of the project to de-risk it. It could also include some Government investment at the point of a transaction, helping to mobilise other private sector capital. It is already laid out in detail in the Budget document. It was debated at Budget, and I reiterate it today. That there is a limit to how much additional information I can put out on something when ultimately the background is that it is a commercial negotiation.
Alan Brown
Earlier, the Minister talked about UK pension funds as well in terms of levering in capital. Is some of the £1.7 billion going to be matched funding with pension funds, for example, or is it to provide some guarantees so that the pension fund can invest at a guaranteed rate of return, where the guaranteed rate of return comes from the taxpayer?
Greg Hands
I am not going to add anything on the £1.7 billion, which is a separate process and a separate factor to the Bill. I have nothing further to add. I have given sufficient detail of where the £1.7 billion might be spent. Where it will be spent is properly a matter for which the background is the commercial negotiation.
The hon. Gentleman mentioned delays at Hinkley Point C. He is in danger of arguing with himself at times. At one point he argued that we had not brought a nuclear project to a final investment decision, or we had brought only one in the last decade. Then he said that we should wait to make a decision on Sizewell C until we had Hinkley Point up and running. It sounds to me as if he wants to have it both ways—
Greg Hands
He is saying we are either moving too quickly or too slowly. Ms Fovargue, it reflects back to the starting position. If the hon. Gentleman does not mind me saying it, I think he is opposed to nuclear power per se. I suspect he is less interested in whether it is going too quickly or too slowly, to be frank, and it would be helpful if he gave us a straight view as to whether we are being too quick or too slow.
Dr Whitehead
I beg to move amendment 4, in clause 3, page 2, line 37, at end insert—
“(5) Prior to consulting persons under subsection (3)(g), the Secretary of State must publish a statement setting out why it is relevant to consult those persons.”
This amendment requires the Secretary of State to indicate the relevance of the people he is consulting on the designation of a nuclear company.
The amendment, and another couple that relate to clauses further down the order paper, need not detain us for long. They essentially seek to improve the effect of the text of the Bill and are not controversial.
Amendment 4 applies to clause 3, on page 2 and requires the Secretary of State to
“publish a statement setting out why it is relevant to consult those persons.”
That refers to the list of those people who are to be consulted upon the designation of a nuclear company. At the bottom of that list is the phrase
“such other persons as the Secretary of State considers appropriate.”
I appreciate that is often seen in Bills and I am sure hon. Members have seen it in their time in other Committees, but I suggest that it is rather loose arrangement if we want to have a Bill that will stand the test of time. While it is a catch-all arrangement, one could almost ask why the other categories are listed. One might as well just put, “Those persons who the Secretary of State considers appropriate.”
Surely, where the Secretary of State is considering consulting other people, in addition to those listed, those people ought to be relevant to the designation of the nuclear company. As the Bill stands, it is just people
“the Secretary of State considers appropriate.”
Kirsty Blackman (Aberdeen North) (SNP)
I am slightly confused about why the hon. Member seems to be suggesting that it is a bad thing for the Secretary of State to undertake more consultation. Surely more consultation is a good thing. Generally, the Opposition call for more transparency. If the Secretary of State feels that it is necessary to consult more people, I am not hugely convinced that there is a point to making him justify that.
Dr Whitehead
I hope that the hon. Member will forgive me if I have not made myself clear. I am certainly not saying that consultation is a bad thing or that there should be less of it; I am saying that the Bill appears to provide for consultation with all the people named in it and anybody else the Secretary of State feels like including. One may think that that is a good thing, but I would have thought that anyone else the Secretary of State feels like including ought to be relevant to the designation of the nuclear company. All the amendment asks is that, when and if the Secretary of State decides that people other than those who were already on the list be consulted, he publish a statement to say why the people he has selected for additional consultation are relevant to the issue in hand. Otherwise in principle it would be possible for the Secretary of State simply to choose a random number of people off the street and consult them. That would not serve the cause of further consultation and transparency.
Kirsty Blackman
May I check that an alternative amendment could have been to change the last word in subsection (3)(g) to “relevant” rather than “appropriate”, which would mean that the Secretary of State would be able to consult all the other people he considered to be relevant, rather than appropriate? Is that the direction in which the hon. Member is trying to go with his amendment?
Dr Whitehead
Indeed. The hon. Member has drafted her own, perhaps more succinct, amendment on the fly. I would welcome hon. Members tabling amendments if they feel that they can do it better, or more succinctly, than we can. She is right that it is a test of the relevance of the consultation process. Her suggestion does not quite cover the point because I would like the Secretary of State to say why those people are being consulted. Essentially, the amendment requires the Secretary of State to not just think that people are relevant but tell us why. It is not a big point, but I think that would improve the Bill a little were it to be accepted.
Greg Hands
I thank the hon. Members for Southampton, Test and for Greenwich and Woolwich for amendment 4, which amends the clause governing the process by which the Secretary of State can designate a company. As part of the process, the Secretary of State must consult a named list of persons, including the authority, Ofgem, the Office for Nuclear Regulation and the relevant environment agency. The Secretary of State will also be able to consult, of course, such other persons as they deem appropriate at that time. The amendment would require the Secretary of State to publish the reasons for consulting those persons not named in the legislation.
Of course it is important for us to be transparent, and I welcome the intention of the amendment to increase transparency and accountability throughout the process, but it might help if I set out the intention of the consultation requirement in clause 3. The Government have agreed a set of persons that they feel must be consulted: the Office for Nuclear Regulation, Ofgem, the relevant environmental agencies and the devolved Administrations in the event that all or part of one of the plants be located in one of the devolved nations of the United Kingdom. The ones who must be consulted include the key regulatory bodies for nuclear generators in Great Britain.
Alongside that, for each designation, there may be other relevant parties that the Secretary of State thinks it is reasonable to consult to inform the draft reasons for designation. That sort of provision is standard practice. The clause is modelled closely on existing consultation obligations in the Energy Act 2013, which allows the Secretary of State to consult other persons without the requirement to publish a justification.
I do not seek to reject the amendment because of concerns about transparency. The designation process takes several important steps to ensure transparency, including the publication of a statement on how the designation criteria will be assessed and the publication of the designation notice.
The hon. Member for Southampton, Test says that those consulted ought to be relevant, but I think that the Secretary of State will consult only with those who ought to be relevant rather than, in the terms of the hon. Member for Southampton, Test, a random set of people off the street. The way that governmental processes work is that consultations are supposed to be with people who are relevant. I do not think that including a relatively unprecedented amendment to publish a statement about why it is relevant to consult those persons will help the transparency or the understanding of the decision made by the Secretary of State.
I hope that I have shown hon. Members that the legislation already takes the necessary steps to ensure transparency and that the amendment would go against the established precedent for this kind of provision, which has generally worked well for big Government infrastructure decisions. I therefore ask the hon. Member for Southampton, Test to withdraw the amendment.
Dr Whitehead
I am certainly happy to withdraw the amendment, but in passing I mention that the Minister has drawn attention to the word “must” in clause 3(2), which precedes the people who the Secretary of State is listed as consulting. I am glad that he drew attention to that, because it may reflect on an amendment that I will move later concerning the words “may” and “must”. The Minister will know that a regular concern of mine is that legislation needs to be written in the right way concerning the imperatives on the Secretary of State rather than the allowances. We have made progress from that point of view.
Although this clause contains a fairly standard way of putting things, that may just mean that legislation has been slightly lax in the past, which may be considered less than satisfactory in future. I take the Minister’s point, however, that it is not an exceptional way of putting things, and I take his assurance that a question of relevance would be in the Secretary of State’s mind when he consulted anybody under such circumstances. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Greg Hands
Let me lay out the purpose of clause 3, which is to set out the procedure that the Secretary of State must follow to designate a nuclear company for the purposes of the nuclear RAB model. The clause requires the Secretary of State to undertake various transparency and consultation obligations before a company is designated.
The clause sets out the process. By putting the process in the Bill, the Government are showing their commitment to transparency and openness when designating a company. Prior to the designation of any company, subsection (1) requires the Secretary of State to publish a statement setting out the procedure they expect to follow in determining whether to designate a nuclear company and how they expect to determine that the designation criteria are met.
The Government anticipate that a nuclear company with a generation licence, and which thinks that its project should be funded through a RAB, would approach the Secretary of State. The Secretary of State will then assess the project against the factors set out in the statement, before consulting expert bodies on the designation. That provides opportunities for those directly affected by the potential designation, or with special expertise relevant to the decision, to provide their views on the matter. That includes the Gas and Electricity Markets Authority, the governing body of Ofgem—I will refer to it generally as Ofgem in the course of this debate, for the sake of time—whose primary statutory duty is to protect the interests of consumers.
Alan Brown
The Minister spoke about transparency, but as I touched on earlier, it seems to me that clauses 2 and 3 still do not provide transparency. Clause 3(1) gives the Secretary of State the power, in effect, to make things up as they go along. Under paragraph (a), the Secretary of State sets out the procedure that they will follow, so they are setting the rules, and then paragraph (b) allows the Secretary of State to confirm whether the designation criteria that they have already set in clause 2 have been achieved. The criteria in clause 2 are simply these: does the Secretary of State think that the project is advanced enough to be designated and is it value for money?
Effectively, by my logic, the Secretary of State states that the project is advanced enough and is value for money. Then, under clause 3(1), the Secretary of State affirms what rules will be applied to confirm what has already been confirmed—that the project is value for money and suitably advanced. It is a kind of circular argument. If the Secretary of State is determined to sign off on a new nuclear project, which they are, and they are setting the rules that they are going to apply and then they will publish the rationale as to why it has been signed off, that, to me, does not provide proper transparency. It is not things that can be challenged; it is actually just the Secretary of State giving their reasons for why they have signed off.
As I touched on earlier, paragraph 50 of the explanatory notes still does not give enough information, either. It actually gives too much wriggle room for a Secretary of State to be able to sign off, so that is also not robust enough. The Minister challenged me to table amendments, and I can table a new clause at a later date, or we can challenge further, but it is really hard to table amendments to clauses that are so fundamentally flawed. It is hard to actually improve them.
Turning to value for money, the cost to consumers is one of the items that has been suggested, but the Government are also good at saying that a new nuclear power station will add only £x a year to a consumer’s electricity bill and therefore it will have minimal impact on bills. That is a very neat way of trying to argue that a new nuclear station involves minimal cost to consumers, but of course we are talking about a 60-year contract.
In the same vein, the letter from the Minister to all MPs on 26 October stated that a nuclear project starting construction in 2023 will add only a few pounds to bills during the lifetime of the Parliament and only £1 per month during full construction. I will leave to one side the fact that 2023 is a fanciful construction date, but let me break down what the cost of £1 per month per consumer means. According to the Office for National Statistics, there are now 27 million households in Great Britain. According to the Bill’s impact assessment, the construction period for unit 1 is estimated to be between 13 and 17 years, plus another year for unit 2, so let us call it a 15-year construction period. That £1 a month per household is circa £5 billion up front. It can be argued that £1 a month is a low cost for consumers, but something like £5 billion is actually being committed. That is why we need more robust ways to evaluate what is the actual cost to consumers and what is value for money.
Let us work backwards from some of the figures in the impact assessment. It is suggested that, under RAB, the capital cost and associated financing for a new nuclear power station could be £63 billion. If we work backwards over a 60-year period, that is still only a few pounds a month, but it is actually £63 billion that we are talking about. That is a huge sum, which could be invested much better elsewhere in other forms of renewable energy. I hope that demonstrates how much wriggle room the Minister and Secretary of State have given themselves with the Bill. In fact, looking at the cost and impact assessment that the Government have quoted, it almost undermines their argument about the justification for new nuclear.
I turn now to subsection (2). Truthfully, it adds little more in the way of transparency. The Secretary of State must provide
“draft reasons for the designation”
and consult stakeholders, but the subsection does not detail how the statutory consultation will be undertaken, the timescales applied to it or, more importantly, what happens to the consultation feedback from the stakeholders whom the Secretary of State consults. Paragraph 54 of the explanatory notes states that a final reasons determination must be published as part of the designation notice, and subsection (5) covers that too. With the way the Bill is currently framed, however, this has the potential to simply be a tick-box consultation exercise. The Secretary of State can consult and stakeholders respond, then the consultation is dismissed out of hand and the final reasons are printed.
Subsection (3)(f) states that the Secretary of State may consult the Scottish Ministers and the Scottish Environment Protection Agency for Scottish projects, so what protection is there for the Scottish Government if they say no? We are implacably opposed to new nuclear, as is current SNP policy and the policy of the Government who have been elected by voters in Scotland since 2007. At the moment, the Scottish Government rely on the national planning policy framework to block new nuclear, but will the Minister confirm that, despite market failure, if somehow a proposal came for a new nuclear project in Scotland, the Bill, along with the United Kingdom Internal Market Act 2020, will not be a way for the UK Government to ram it through? How valid would the consultation with the Scottish Government be? It is not clear in the Bill.
Again, clauses 2 and 3 do not do enough to provide transparency and hold the Government to account. As I say, I would like to amend the clauses and be helpful to the Government, but given that I am opposed to the Bill and that I do not think the clauses are robust enough, it is very difficult to do so.
Kirsty Blackman
It is a pleasure to be able to take part in this Committee. Thank you very much for your excellent work in chairing today’s sitting, Ms Fovargue.
I have just been on the Subsidy Control Bill Committee, and the Subsidy Control Bill has an incredible lack of information. We spend a huge amount of time asking for more transparency in that Bill, but this Bill is significantly worse than the Subsidy Control Bill in the lack of information that has been provided. To be honest, I cannot believe that the Bill is actually considered appropriate for primary legislation, because there is a totally stunning lack of info and an absolute lack of transparency.
The Secretary of State has to publish the reasons for the designation. What does that mean? What does the Secretary of State actually have to say in their reasons for the designation? Do they just write, “I think it’s a good idea. Let’s go for it.”? There is not enough information. As my hon. Friend the Member for Kilmarnock and Loudoun asked earlier, does the Secretary of State have to take into account whether there is planning permission in place? Does the Secretary of State have to take into account the licences that have been put in place? It is totally unclear how this is likely to work.
I have a specific question for the Minister in addition to my general dismay at the clause. Subsection (3) talks about the people who have to be consulted. It says that if part of a site is in Scotland, the Scottish Ministers and SEPA have to be consulted. It also says something similar in relation to Wales and England. We know that if something is to be built in a border area, it will likely have cross-border environmental effects, so two environmental agencies could be involved should a project be fairly close to a border.
I would like the Minister to give me some comfort by saying that he would consider consulting more than one environmental agency, because if a project were to be on the border between England and Wales but slightly more on the English side, it might still have environmental impacts in Wales. It would be relevant, therefore, for the Minister to ensure that the consultations are slightly broader than simply where the footprint of the site is, because we know that any large thing that is built—whether it is something as potentially likely to cause massive environmental problems as nuclear or something much less of a potential environmental risk—has wider environmental issues than simply its footprint. It would be useful if the Minister could confirm that he would give consideration to that happening in the event that it is really pretty close to a border.
Greg Hands
I thank the hon. Members for Kilmarnock and Loudoun and for Aberdeen North for their contributions on clause 3. I will try to deal with their points.
It is important to understand the different parts of the process and the transparency involved in the process. The rules are published first; then comes the rationale for the designation, which is consulted on. It is standard practice in a consultation, of course, to take into account the results or the responses made to the consultation. Perhaps the hon. Member for Kilmarnock and Loudoun was trying to characterise it as superfluous or part of a process that would not add any additional information, but a Government consultation is there specifically to seek out and find more information. We then publish the final rationale for the designation. I hope that is helpful in setting out a little of the process involved.
The question about stating the length of the consultation is one that would be appropriate to the project itself. Let us not forget that we are trying to design a process here that would take into account a number of different possible future nuclear power stations. It would be difficult for us today to be prescriptive about the length of time that a consultation should take. We have set out those who we think must be consulted, and we have also left it open for the Secretary of State to consult other interested parties, which is quite reasonable considering that this legislation is supposed to encompass various forms of future nuclear power plants. We would be in danger of becoming too prescriptive about things such as the length of the consultation and the earlier amendment about stating reasons for particular people to be consulted.
Dr Whitehead
I do not want to be accused of trying to be too helpful to the Minister but, as I understand it, this part is about the designation of an existing nuclear company for the possibility of receiving RAB payments for a project it has not yet undertaken. That is it. It seems to me that what we are concentrating on in this part of the Bill—although not later on in the Bill—is just the designation process. I hope the Minister will agree that that is not the project or the RAB process itself, on which we would expect considerable transparency as it goes through, but not necessarily at this particular stage.
Greg Hands
The hon. Gentleman makes a fair point, and he is right that that is the purpose of this clause. None the less, the purpose of the clause is also to allow designation for a potential variety of timeframes within those projects, so it is still important not to be over-prescriptive, for example with the suggestion that we lay out today what the length of time for a consultation should be.
In terms of the costs, the whole purpose of the Bill is to reduce costs. The hon. Member for Kilmarnock and Loudoun is probing on the costs and what they actually mean, but the point is that this is a reduction in the costs that would otherwise be the case under a contract for difference model. That is ultimately getting to the heart of the Bill. I appreciate that he is against nuclear power, but he would surely have to recognise that the Bill is about reducing the costs of nuclear power. That is the purpose of the Bill. He says it is going to be very expensive—we acknowledge that it can be very expensive, and the purpose of the Bill is to make it less expensive.
Mark Jenkinson (Workington) (Con)
Is it not the case that the rest of the UK can learn from Scotland’s lead on net zero when we see the low-carbon content of their grid, which is thanks to nuclear technology?
Greg Hands
My hon. Friend makes a very strong point—one made by quite a few people who were in Glasgow just two weeks ago. Ironically, in Scotland, making that argument strongly were not just the UK Government, but countries from all over the world. They were making the argument for nuclear power being part of our low-carbon future.
The powers of the Scottish Government are unchanged. The Bill makes provisions for the Secretary of State to consult named persons and organisations prior to the specification of any project under a nuclear RAB, and to consult those persons or organisations before he or she amends a projects licence to insert RAB conditions. Ministers in devolved Administrations will be captured—in scope, I should say; not physically—by this consultation.
Alan Brown
The Minister has already said that energy generation is a reserved power. Is he confirming that if the devolved Administrations say no in a consultation, that could be overruled by Westminster, with the imposition of a nuclear power plant?
Greg Hands
The hon. Gentleman is inviting me to go down a hypothetical road. The devolved Administrations have powers in other areas, and if the devolved Administration was strongly minded about having a nuclear power plant in that particular part of the UK, it is difficult to envisage circumstances in which the UK Government would proceed to do that. I hope that gives him enough reassurance.
I will deal with the point made by the hon. Member for Aberdeen North. On the question of a project near a border, it is reasonable then that the UK Government would consider the appropriateness of consulting with the devolved Administration. I return to my earlier point about specifying those who must be consulted and those who the Secretary of State would think it reasonable to consult. That would be within the scope of who the Secretary of State would think it reasonable to consult.
Kirsty Blackman
I appreciate that really helpful clarification.
A couple of points about the lack of transparency in the clause have not been covered. Subsection (2)(a) states that the Secretary of State has to “prepare draft reasons”. Subsection (5)(b) states the Secretary of State must provide the reasons “amended as appropriate”. We have not heard what those reasons look like. Do they say something along the lines of, “The Secretary of State gives designated status because he feels like it”? I presume not, but there is no information about what those reasons would include. Could we have something in writing about what could be in those reasons? There is no framework here at all—the Bill seems to be quite lacking.
Greg Hands
I thank the hon. Lady for that intervention. The point strikes at the heart of what a Government Minister is doing. I think she is asking what happens if a Government Minister behaves entirely unreasonably. The way our constitutional settlement works is that if a Minister is behaving entirely unreasonably, he or she is answerable to Parliament. If Parliament believed the Secretary of State to be unreasonable or acting in a way contrary to the intention of the Act, people would find ways of getting the Secretary of State to explain. I think the hon. Lady was trying to suggest that the Secretary of State might arbitrarily decide to go through with something—
Greg Hands
I am not going to give way again, because I have set out clearly that the Secretary of State is ultimately accountable to Parliament, and Parliament would find a way of examining the reasons that he or she laid out under this clause.
Question put and agreed to.
Clause 3 accordingly ordered to stand part of the Bill.
Clause 4
Expiry of designation
Dr Whitehead
I beg to move amendment 5, in clause 4, page 3, line 24, leave out “5” and insert “4”.
This amendment shortens the maximum time allowed by the Secretary of State for the designation period of a nuclear company.
The Chair
With this it will be convenient to discuss amendment 6, in clause 4, page 3, line 33, leave out “5” and insert “4”.
This amendment shortens the maximum time allowed by the Secretary of State for the designation period of a nuclear company.
Dr Whitehead
The amendments are grouped because one follows directly from the other—amendment 6 is consequential on amendment 5. The previous debate about the designation process was helpful for discussion of this clause, because clause 4 looks at how long a designation may last once the process has started. That is important because the process can cease to have effect either on the expiry of the designation—that is, a company has been designated for moving along the path to eligibility for a RAB and various negotiations will take place as the company develops its plant—[Interruption.]
Dr Whitehead
Hon. Members have such Pavlovian responses these days, automatically running out of the door whatever the circumstances.
The expiry date of a designation could well arrive because the company has received a designation, but has done nothing about it, or because the Government have got a designation through, but are a bit lax in pursuing the subsequent process. Alternatively, as the clause suggests, it could be because a project is under way, the revenue collection contract starts biting, investment is secured and the project goes ahead.
However, I am a little concerned that the expiry date is set at a period of five years, beginning on the date of the designation notice in question. As such, both the nuclear company and the Government have five years to get their act together on the RAB process, although that could lead to a going slow or delays. We already know that nuclear projects have a habit of running over time, sometimes due to construction issues and so on, but we do not want projects to be further delayed because people have not got themselves organised for a proper RAB process or because the Government cannot be bothered to get things going at a certain time and believe that they have five years to sort that out.
We have made the modest suggestion that that period should be four years; that might concentrate minds a little on moving from the process of hopefully being designated to the process of having a revenue collection contract and getting under way properly. There would not be that time to mess about between the two ends of the process, as might be the case under the five-year designation period.
I agree that we could pick any one of a number of different dates; the four-year period is just to suggest that we should concentrate minds a little. The amendment does not lay down the law: if the Government think it could be reconstructed in a different but more concentrated way, we would be happy with that. The amendment just suggests an indicative new date so that the point is borne in mind. I hope the Government will be able to accept it on that basis.
Greg Hands
Amendments 5 and 6 would seek to reduce the length of time a designation remains valid from five to four years and they would reduce the period for which the Secretary of State may extend the designation notice for a designated nuclear company to four years.
First, I thank the Opposition for their consideration of this matter. The hon. Member for Southampton, Test spoke to his amendment in a probing way—trying to get to the bottom of why the period should be five years rather than some other period. I am glad that the Opposition recognise the importance of the designation notice period and the fact that it should strike the right balance between providing enough time for the Government and the company to undertake all the processes necessary to inform a decision on licence modifications without leaving a designation in place for an unreasonable length of time. That is, as it were, the exam question here.
I believe that we have achieved that balance in the Bill. Currently, if negotiations on a project are successful and a relevant licensee nuclear company becomes party to a revenue collection contract, the power of the Secretary of State to modify its licence ceases, of course, outside some limited circumstances. That is vital to give investors confidence that the Secretary of State does not have an open-ended power to further amend the generation licence.
On the other hand, if negotiations are not successful after a project has been designated—the point here is to give enough time for those negotiations to be successful—it is necessary for the Secretary of State’s modification powers to lapse rather than continue indefinitely, so a sunset clause to the designation is also needed. That sits alongside the provisions in the Bill that revoke designation if the designation’s criteria or conditions are no longer met.
However, a decision to take a financial close on a nuclear power station may not happen overnight; robust processes must be followed, extensive due diligence must be carried out and there must be rigorous negotiations to ensure value for money for both the consumer and taxpayer. That is the case with many large infrastructure projects.
Take the negotiations at Hinkley Point C as an example: discussions and eventual negotiations on the project took a number of years to complete. I believe therefore that a five-year window is a reasonable period to expect negotiations to have run their course, recognising that a project for RAB must be suitably advanced to be designated in the first place—that goes back to the earlier debates. That window provides time for negotiations to achieve a successful outcome without providing the Secretary of State with licence modification powers for an inappropriate period. The ability to extend the designation presents a backstop provision that allows the designation to be continued when the designation criteria continue to be met and negotiations are ongoing—in other words, it builds a certain amount of flexibility with a positive decision to extend negotiations. It is therefore appropriate that the extension period should mirror the initial designation period.
I do not consider that the amendments would provide any enhancement to that rationale. I did not hear any specific argument for four years rather than five years, so I am minded to continue with five years. I consider the provisions within this clause, which will permit the Secretary of State to revoke a designation notice at any point if he considers that the criteria are no longer met, mitigates the risk that negotiations—or, indeed, the modification power—will continue for longer than they should. I therefore invite the hon. Gentleman to withdraw his amendment.
Dr Whitehead
As the Minister has said, the amendment was essentially a probing amendment to seek a little more clarification on why five years is considered to be the appropriate time. I am not sure that the Secretary of State has fully answered the question about the extent to which that might allow people not to get on with things as quickly as they might otherwise do, but I appreciate that in a complicated project such as those we are considering, there are processes that take quite a lot of time; it may well be that getting on for five years is the time necessary for such projects to be completed.
The overall point is that we want to make sure that, once designation has been undertaken, we move to the next stage as quickly as possible. I am sure that the Secretary of State would concur with that particular aim. On that basis, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Greg Hands
Clause 4 sets out the circumstances in which the designation of a nuclear company would expire. As set out in subsections (1) and (2) of the clause, the designation of a nuclear company will be limited to a period of five years from the date of the project designation. If a designation expires, the Secretary of State must publish the details of that fact under the provisions in subsection (5). However, the Secretary of State will have the power under subsection (3) to extend the designation period before the five-year period lapses.
Subsection (4) of the clause requires that prior to granting an extension for a maximum of five years, the Secretary of State would need to consult the company, the authority, the ONR, the relevant environment agency, and the devolved Governments if relevant. Before exercising that power, the Secretary of State would also need to continue to be satisfied that the criteria for designation are met. This would allow for any circumstances in which the negotiations with the designated company and engagement with the financial markets last beyond the five-year designation period, but the Secretary of State believes that the project both represents value for money and is sufficiently advanced to warrant a RAB.
The designation will also expire if the company enters into a contract with a revenue collection counterparty. That is to provide confidence to investors that once the RAB licence conditions have been inserted into the company’s electricity generation licence, the Secretary of State will no longer be able to modify that licence except in the limited circumstances set out in clauses 7 and 35 of the Bill. This is a proportionate approach that balances the need for investor certainty with the ability to flexibly apply the RAB model to individual projects. On that basis, I commend the clause to the Committee.
Question put and agreed to.
Clause 4 accordingly ordered to stand part of the Bill.
Clause 5
Revocation or lapse of designation
Dr Whitehead
I rise to speak to amendment 7, in clause 5, page 4, line 16, leave out “either” and insert “any”.
This amendment is consequential on amendments 2 and 3.
This amendment was tabled to deal with the possible eventuality that we would have three designation criteria in clause 2(3), rather than two, as is the case at the moment. We moved an amendment to try to place three criteria into that clause, which the Committee did not accept. The statement, therefore, that either of those two criteria are relevant stands as far as the Bill is concerned, and the word “either” should therefore not be replaced by “any”. On that basis, amendment 7 logically falls, so I have no wish to move the amendment.
Question proposed, That the clause stand part of the Bill.
Greg Hands
Clause 5 provides the Secretary of State with the power to revoke the designation of a nuclear company and sets out the applicable circumstances and procedure for doing so, as well as the circumstances and procedure whereby a project designation could lapse. The revocation power is tightly constrained by subsection (1). It applies only where a nuclear company ceases to hold a generation licence in respect of the nuclear project for which it was designated or it no longer meets the designation criteria. It is important that only the right projects are able to benefit from a RAB where they are sufficiently advanced and likely to provide value for money.
As set out in subsection (2), revocation of a designation would follow a similar process to project designation. The Secretary of State must prepare draft reasons, consult the named persons and publish a revocation notice, where relevant; they can attach additional conditions to a designation notice, as set out in subsection (3). If a company fails to comply with the conditions set out in the designation notice, the Secretary of State will notify the company that it has failed to comply, which will result in the designation lapsing. Such a notice must be published by the Secretary of State under subsection (5).
Such a model is a common feature of similar RAB models. The procedures envisaged allow time for consideration and consultation before any decision to revoke is taken. Given that the ability to continue to meet any of the conditions attached to designation is within the control of the company, there is no consultation requirement for the Secretary of State before a designation lapses.
Taken together, these routes to ending a designation provide an important layer of protection for consumers before a designated company enters into a RAB. In essence, they allow for a designation to end in any circumstance where it is no longer appropriate for a company to benefit from a RAB before project funding begins.
Question put and agreed to.
Clause 5 accordingly ordered to stand part of the Bill.
Clause 6
Licence modifications: designated nuclear companies
Dr Whitehead
I beg to move amendment 8, in clause 6, page 5, line 3, at end insert—
“(2A) Prior to exercising the power under subsection (1), the Secretary of State must publish a statement setting out how the exercising of the power will facilitate investment in the design, construction and commissioning of nuclear energy generation projects.”
This amendment requires the Secretary of State to justify the exercise of a power to modify the electricity generation licence of a nuclear company.
The clause concerns modifications to the licences of companies that have entered into a designation with regard to the RAB process. It sets out a number of powers enabling the Secretary of State to make modifications to licences in order to square the designation process with the licence process. It occupies a lot of other areas, but would be particularly relevant to the licence as it applies to, say, the Sizewell C project.
Subsection (2) states that the Secretary of State is able to exercise the power under subsection (1)—to modify licences—
“only for the purpose of facilitating investment in the design, construction, commissioning and operation of nuclear energy generation projects”,
which restricts the powers of the Secretary of State to modify the licences, concentrating it in the field of the design, construction and operation of the nuclear project.
Hon. Members will notice that that restriction stops there—that is, the Secretary of State may exercise that power for that purpose, but no one else needs to know about it. The Secretary of State may consider doing that, or restricting himself or herself to that particular designation, and may consider that he or she has done that, but it is a completely opaque process.
This amendment seeks to ensure that the Secretary of State publishes a statement setting out how his decision does indeed facilitate investment in the design, construction, commissioning and operation of nuclear energy generation projects, so that when he is considering exercising that power, it is a publicly exercised power, and information on what he has done is in the public domain.
The publication of the statement does not restrict what the Secretary of State can do; it sheds a light on what they can do, and ensures that they are carrying out that particular power correctly, as laid out in the legislation. We think that would be a good, safe addition to the Bill. It does not fundamentally alter its direction, but sheds a little more light on the process as the directions of the Bill are undertaken.
Greg Hands
As the hon. Gentleman says, this amendment addresses the process for modifying a designated nuclear company’s licence, particularly which documents should be published before the power is exercised. We recognise that designating a nuclear company and subsequently modifying its licence is a significant decision. That is why the legislation lays out a clear process, which provides transparency and builds confidence in the decisions that the Secretary of State will make when exercising these powers. The process in the Bill is strongly based on existing licence modification powers; it is well precedented.
The amendment obliges the Secretary of State to publish a document setting out how the licence modification would facilitate investment in nuclear projects before modifications are made. I do not believe that is necessary. The Government have already set out a clear process and strong transparency provisions in the legislation. Currently, the Secretary of State is required to consult named persons prior to making any licence modifications, and must then publish the details of any modifications as soon as reasonably practicable after they are made, with material excluded only when necessary—for example, for purposes of commercial confidentiality or national security.
Alan Brown
Could the Minister give an example of an existing licence that the Government have granted that could likely need to be modified to facilitate the investment that the Government are looking for? Could he explain what that process looks like?
Greg Hands
The process is as described. It is based on a very good precedent on these sorts of licence modifications. This would not be the first Bill to come along to look at how to modify a licence, and we have based that entirely on existing precedents. There is nothing unusual in this process or this structure.
The approach of consultation followed by publication is well precedented, as I said, in other licence modification powers. We think that the amendment proposes an unnecessary additional process. Moreover, the consultation provisions will allow expert voices to input on whether the licence modifications are effective in facilitating investment, which, of course, is exactly the purpose of the clause. I therefore hope that the hon. Gentleman will withdraw the amendment.
Dr Whitehead
We do not intend to press the amendment to a vote, but I will say that we think it is a good idea, which adds to the Bill’s transparency. The Minister has given examples where certain elements of that transparency would be facilitated by other components of the Bill, but I would note that most of those are post hoc rather than before the process. Nevertheless, I take some assurances from what the Minister has said about the proper transparency of the process, so we will not pursue that this afternoon. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Dr Whitehead
I beg to move amendment 9, in clause 6, page 5, line 13, at end insert—
“(ba) the interests of existing and future consumers of electricity in relation to their prospects of recouping their contribution at the conclusion of the construction phase of the project;”.
This amendment requires the Secretary of State to have regard to the interests of electricity consumers in recovering the value of their contribution to the construction of a nuclear power plant.
We have now reached the point where we have the first consideration of the consumer in the Bill, in clause 6(4)(b), dealing with the licence modification arrangements. Hon. Members will note in subsection (4) the things that the Secretary of State must have regard to when exercising the power under subsection (1), subject to what we have just discussed about subsection (2) in terms of the design, construction, commissioning and operation of nuclear energy generation projects.
Subsection (4)(b) says that the Secretary of State must have regard to
“the interests of existing and future consumers of electricity, including their interests in relation to the cost and security of supply of electricity”.
I understand that to mean that the Secretary of State, in modifying licences, particularly in respect of a RAB agreement, must look at the interests of consumers with respect to the cost of electricity and the extent to which it may be produced at a better price as production develops in the years following the adoption of a RAB, and the extent to which security of supply to customers can be maintained.
What is lacking in that list of things that the Secretary of State must have regard to—along with many other things—as far as the consumer is concerned is a recognition that the consumer has an active interest as well as a passive interest in this process. If we are setting out to produce a RAB arrangement that effectively requires a levy on customers at all stages of the process—during development, construction and production—then the consumer surely has rather more of an interest in that process than just the passive interest in price and security that is suggested in subsection (4)(b).
For example, the consumer has a considerable interest in making sure that the cost to them is reasonable at all stages of the process, and that it does not simply set out to milk the consumer for the purpose of sorting out the project regardless of its vicissitudes. The consumer has a particular interest not only in the way that the RAB contract talks about the price of electricity, but in how it addresses the extent to which the consumer’s investment may be recouped as the RAB process comes to its conclusion and goes down its path.
Of course, in that context, the RAB arrangements that we are discussing have, during their latter stages, a two-way process. If the production of electricity goes above the ceiling of the allowable costs limit, then it is expected that the company producing the electricity, because the model is regulated, will restore money to the consumer in one way or another. If its production is under that allowable costs ceiling, however, it will take money from the consumer to allow that process to continue smoothly. Indeed, in the RAB consultation, we had a rather optimistic, smooth little curve down as the process comes to its end. I do not think that will quite be the reality as the RAB process goes on, but it is important.
Alan Brown
I share the hon. Gentleman’s concerns about protecting consumers from costs and so on. That is actually why we are against large-scale new nuclear. Can he explain a wee bit more about recouping costs? Recouping costs sounds like getting money back in terms of the asset, which does not make sense. The amendment also mentions recouping contributions
“at the conclusion of the construction phase of the project”.
That is effectively rent on a 60-year contract for the RAB, so I am not sure why it would be at the conclusion of the construction stage.
Dr Whitehead
It is at the conclusion of the construction stage because the construction stage gives way to a production stage. That is the point at which electricity is produced, when the customer—I am assuming we can describe the consumer and customer as an entity—or those acting on behalf of the customer can start to think about the extent to which some of that money may come back as a result of the way that production is carried out within the ceiling set for overall RAB programme costs.
There could be circumstances under which, as the RAB process comes to an end, the customer recoups—in lower bills, dividends and so on—a lot of the money that was put in. There will always be excessive production over the allowed costs level, so money will come back to the customer. We will see later in the Bill the methods by which that money might be restored to the customer. Yes, there is a real interest, post the construction phase, in recouping those costs.
A second issue for the consumer is the eventual outcome of the ownership of the plant at the end of the RAB period, as it goes into production. As it is a regulated asset base, by the end of the RAB period, the company that has undertaken the construction and run the production of the plant will have received all the money it should have received through the regulated asset base arrangement, and will have worked successfully as a result of the support that the RAB process provides.
Depending on how many years are set out for the RAB process to take place, if it reaches its end within the working life of the nuclear plant, the question then arises of who owns the nuclear plant at the end of that period. Does the consumer own it at the end of that period? If they do, that is a little bit like a mobile phone contract, whereby the consumer would expect the charges to reduce substantially after paying off the cost of the phone in their contract. Clearly, it is in the interests of customers to have an active involvement not just in spending their money wisely, but in recouping or changing it into a different form as the RAB process sets its course. Indeed, under those circumstances, the Secretary of State might need to consider the length of the RAB contract, and how far it goes into the operating life of the nuclear power station, to carry out the terms of the contract and to consider what arrangements might be made for life at the end of that contract.
I suggest that those are all things that the Secretary of State ought to have regard to over and above the passive involvement of consumers that is set out in subsection (4). That is why we tabled the amendment, which states that the Bill should take account of
“the interests of existing and future consumers of electricity in relation to their prospects of recouping their contribution at the conclusion of the construction phase of the project”.
That is an active consideration in the management of customers’ contracts, not just a passive one where the customer stands by and waits for the money to be deducted from their account to pay for these projects forever. The Secretary of State should have an active view on that in terms of how to get the best value for the customer from the project overall, over and above the best value for the project itself.
Greg Hands
Amendment 9 addresses how the interests of consumers, which are vital in this process, will be taken into account and what the consequences of that would be. In the Bill as currently drafted, the Secretary of State must have regard to a number of matters when modifying a designated company’s licence. That includes the UK’s net zero ambitions and the interests of existing and future consumers in relation to the future cost and security of electricity supply.
The amendment requires the Secretary of State also to have regard to the prospect of consumers recouping what I think the shadow Minister described as their “investment” at the end of the construction phase. I appreciate hon. Members’ enthusiasm for ensuring that consumers will benefit from any RAB project, and, in that sense, I welcomed their support on Second Reading. However, the amendment is not compatible with how the RAB model works.
The hon. Member for Kilmarnock and Loudoun got to the heart of this: the amendment would make RAB effectively inoperable. It treats consumers as investors, but they are not investors. Consumers will benefit from a new nuclear power station. He and I might disagree on whether that should have happened in the first place, but none the less, the benefit to consumers is in electricity rather than in a return on any investment.
Fundamentally, the amendment misunderstands how the RAB model will work. The RAB model will mean that consumers contribute to meeting project costs from the start of construction and reducing the cost of capital, which is the main driver of project costs. That is why we are seeking consumers’ contribution. What they get in return is a nuclear power station that produces low-cost, low-carbon electricity.
Dr Whitehead
Let me say two things. First, if someone contributes in a penny fund to a co-operative society account of some description, that does not mean that they are not an investor; it just means that they are investing in a certain way and at a certain rate. The fact that the RAB arrangements will be passed on to customers’ bills and that there will be a known and determined amount of levy on those bills, which can be quantified, means that the customer is, in effect, adding an investment into the process on top of their bills. That is what I am trying to say, and I am sure that the Minister would agree that that is a form of investment in the process, even though the consumer is not a conscious investor in the way that a corporation might be. This is one of the problems of how we best protect the consumer interest in this process. Nevertheless, I suggest that that is a consumer investment in the overall process.
Secondly, I am sure that the Minister would agree that the RAB process continues after construction for a considerable time in the production period, as the RAB consultation set out. Therefore, that part of the process needs to be considered equally as an investment in the overall outcome of the project, as it is in the construction period. If he thinks that it is something different, he ought to explain why.
The Chair
Order. Interventions are getting very long. There will be an opportunity to respond at the end of this debate, Dr Whitehead.
Greg Hands
I thank the hon. Gentleman for that lengthy intervention. I think that a bill payer’s contribution is not an investment. The objective is to lower the cost overall to the consumer. That is why we have the figure of £30 billion or more, or £10 a year per bill payer. The consumer’s objective is not to become an investor and get a return on that investment, but to have a future source and availability of low-cost, low-carbon electricity—that is, through a nuclear power station.
Kirsty Blackman
It is not low-cost energy. It may be slightly lower than more expensive nuclear, but it is still way more expensive than offshore wind, onshore wind, solar and such. Characterising it as low cost is simply wrong.
Greg Hands
That is a wider debate around nuclear, which I would contest. Obviously, it is an active debate: first, how expensive is nuclear, and secondly, how expensive is it relative to other forms of power generation? Those are active parts of political debate.
Greg Hands
Can I just deal with the hon. Lady’s first intervention? We are seeking to give effect to Government policy, which is to support the roll-out of more nuclear power. How do we do that in a financially reasonable and more cost-effective way for both consumers and the taxpayer? That is the purpose of the Bill within the confines of having already agreed as a Government that nuclear power is going to be the way forward in providing a large part of Britain’s electricity.
Kirsty Blackman
I was not aware that there was a political debate about the cost. The Department for Business, Energy and Industrial Strategy’s figures say that offshore wind costs £47 per megawatt-hour; nuclear is £93, onshore is £45 and large-scale solar is £39. Those are BEIS figures, so I did not think there was any debate. I am concerned that the Minister is inadvertently misleading us by using the term “low-cost”. He can use “low-carbon”, but to say “low-cost” is simply not true, even by BEIS figures.
Greg Hands
Again, I thank the hon. Member for that intervention. The cost of different forms of power generation is a very interesting part of the energy debate. Obviously those costs move around and will be based on any number of factors, including global market prices and the cost of extracting and producing particular forms of energy. Nuclear’s advantage is its ability to provide a steady, constant baseload, which is not always the case with some of the other technologies the hon. Lady is comparing it with.
I hope I am not digressing too far, but when it comes to offshore wind, the UK has had enormous success. We have the world’s largest capacity. None the less, when the wind is not blowing and the sun is not shining, we have to have something else to provide that baseload. That is the purpose of nuclear power. The Bill is about making it more cost-effective and reasonable for consumers. That is the Government’s position.
I hope I have convinced hon. Members that this amendment would not achieve their goals of helping consumers. The concept of consumers investing in a plant and then recouping their money somehow is incompatible with the RAB model. There are mechanisms in place to give confidence that any RAB project will successfully lead to the means of delivering large amounts of stable, low-carbon energy to consumers. I hope the hon. Member will withdraw the amendment.
Dr Whitehead
This really worries me. What does the Minister think consumers are doing in contributing to a RAB process? If the Minister does not think that that is in any way a form of investment in the plant and that consumers are just completely passive recipients—that they are good for whatever money is required to get the system through and should have no interest in the proceedings, other than being a milch cow for the process—I am afraid that we differ.
Kirsty Blackman
On that, consumers are investing in the significant profits for private companies that are in many cases not based in the UK. That seems to be the essence of the hon. Gentleman’s concerns and the reason he moved the amendment. Is that correct?
Dr Whitehead
Yes, indeed. This is perhaps a separate debate, but we have a position not just on this particular instance of nuclear power, but on similar arrangements that relate to the RIIO process for energy distribution and network companies, whereby they are enabled to charge an additional amount on bills in order to secure assets that they own and that consumers or the public do not. The consumers, however, are expected to pay for the privilege of having that piece of technology at their disposal subsequently, but the question of ownership never comes into it, because they pay collectively for someone else to have an asset to call its own. That is exactly the situation with the nuclear plant.
We therefore need to take the consumer rather more seriously than just being a passive contributor in the way often set out in such processes—“Oh well, the customer will pay an additional levy in the bill. As long as it doesn’t look too serious at any particular time, that’s okay.” Not only is that not okay, in particular for levies with no consequences if applied to customers, but it is not okay to have a cumulative set of levies that put a lot of money on electricity and gas bills over a period for particular purposes that the consumer has no hand in at all.
I agree that the concept of the consumer being a part investor in the process might sound a little odd to those who have a traditional view of an investor and how an investor works, it is nevertheless a real thing: the consumer is in effect investing in the success of the plant. The Secretary of State—the Minister; I have promoted him already—has set out how he sees the customer being involved in the process, but that completely ignores the proper interest and protection of the consumer and bill payer as far as the overall process is concerned.
The amendment would not make the RAB process impossible; it merely states that as part of that process—we will come to the debate about where allowable costs have been exceeded—yes, the customer invests in it, but the customer also has reasonable expectations of some quid pro quo for that investment. That ought to be looked after. The quid pro quo in this instance, as I set out—I am sure the Minister agrees that this takes place in the RAB process—is that in the production process, if there is an excess over the allowable costs of production, the fact that it is a regulated asset means that that money goes back to someone. In this instance, it should be the customer.
That is what I mean by the customers’ interests being protected in recouping their investment. The Minister surely cannot deny that that is part of, not instead of, the RAB process in the production period. That is actually set out in the notes that accompany the Bill. I am therefore a bit mystified as to how the Minister takes the position that he does, given what is in his own Bill and in the arrangements for RAB that he himself is putting forward. I see no reason why he should not accept the amendment if he has the customers’ interests at heart, because it does not detract from RAB; it adds to it by recognising who is paying the money, what their interests are and how they should be protected.
I will not press the amendment to a vote, but I want to record my disappointment in the Minister’s apparent lack of either understanding or empathy for the customer’s position. We are discussing a Bill in which the customer is central, because they are bankrolling a substantial part of the project as it goes forward. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Greg Hands
I will try to speed up a little. As we know, the clause allows the Secretary of State to make the necessary licence modifications to apply a RAB model to a designated nuclear company. Subsection (2) clarifies that the effect of a licence modification is that the company would benefit from being able to receive an allowed revenue to construct, build, commission and operate a new nuclear power plant. Subsection (3) requires that the power be exercised only in relation to a nuclear company that is designated in accordance with the provisions of the Bill.
Licence modifications will not take effect unless the nuclear company whose licence has been modified subsequently enters into a revenue collection contract with a revenue collection counterparty, as set out in subsection (9). The modifications will be subject to negotiation between the Government and the nuclear company. It is therefore not possible to describe the exact modifications that would be required; however, subsection (5) highlights possible examples, such as the revenue that a company is allowed to receive, how that revenue is to be calculated, and the kinds of activities that may be undertaken by the company.
When making any modifications to a licence, subsection (4) requires the Secretary of State to take into account both our commitment to decarbonising the power sector and the interests of existing and future consumers with respect to the cost and supply of electricity. Alongside that, and to ensure that any RAB project is financeable, the Secretary of State, when making modifications under the clause, must have regard to the costs incurred in delivering the project and the need for the company to finance that activity. Together, those obligations will ensure that the modification powers are used so that the project contributes to a transition to a low-carbon, low-cost energy system.
As set out in subsection (3), the power to make modifications to a licence will last while the designation for a nuclear company is in effect. That is important to allow the Secretary of State to make modifications to the licence to take into account developments in negotiations and engagements with the financial market. When making any modifications in that period, the Secretary of State will need to continue to take account of the consultation that he undertook with all bodies named in clause 8. In addition to the modification of the designated nuclear company’s licence, subsections (7) and (8) allow him in very limited circumstances to modify the standard conditions of generation licences if necessary. The Secretary of State can make those modifications only if he considers it appropriate for consequential, supplementary or incidental purposes.
Alan Brown
I will be brief, because I know that time is getting on, and far be it from me to speak to a clause that both Front Benchers have agreed adds transparency to the Bill—albeit that, being facetious, I would say that doing so is a low benchmark. Subsection (2) clearly states that the licence can be modified only to facilitate
“investment in the design, construction, commissioning and operation of nuclear energy generation projects.”
Given that clause 1 states that a company can be designated only if it already has a generation licence, I would like the Minister to provide more clarity on what could be in a generation licence that prohibits the investment that he says that we are seeking to unlock by modifying it. That is the part that I am not quite clear on.
Clause 6(5) says that it is all about being able to change the revenue mechanism to allow a company to create more money. The Minister rightly said that subsection (4) lists some of the things that need to be considered as part of a licence modification. I ask him to consider that in the light of what I said earlier about clauses 2 and 3, and about there not being enough information in the Bill about what the Minister or Secretary of State should consider. We could also look at that in the round on Report, but we would like a wee bit more information about why the licence would need to be modified to release this so-called investment.
Greg Hands
I thank the hon. Member for his contribution. The Government are satisfied that the amount of information included in the Bill is sufficient. Far be it from me to suggest that Members table amendments, but perhaps he might seek to do so if he wants to see more transparency and more information. I realise I was not quite right earlier in saying that the SNP had not tabled any amendments; I know that it has tabled some new clauses. If he wants additional publications, he might table some amendments on Report to be a little more precise about what additional information he thinks the Secretary of State should publish.
Question put and agreed to.
Clause 6 accordingly ordered to stand part of the Bill.
Clause 7
Licence modifications: relevant licensee nuclear companies
Dr Whitehead
I beg to move amendment 11, in clause 7, page 7, line 8, at end insert—
“(3A) When exercising the power in subsection (1), the Secretary of State must not cause the excess of expenditure being incurred over the allowable revenue cap to lead to further charges upon revenue collection contracts.”
This amendment prevents the Secretary of State from allowing the levy of further consumer charges should an increase in allowable revenue be agreed following increases in costs or timescale of a nuclear project.
The Chair
With this it will be convenient to discuss amendment 12, in clause 7, page 7, line 8, at end insert—
“(3A) When exercising the power in subsection (1), the Secretary of State must publish a statement setting out how an adjustment in the company’s allowed revenue is to be made without relying on revenue collection contracts.”
This amendment requires the Secretary of State to set out how an adjustment to allowed revenue, following an increase in costs or time, is to be provided for by means other than additional customer levies.
Dr Whitehead
With these amendments, we get to the heart of the consumer interest in the Bill. They are closely related, so it is appropriate that they are grouped and spoken to together.
As I think hon. Members know, when the RAB process gets under way, one of the first things that will happen is that Ofgem will be required to draw up a programme of allowable revenue. That is the sum total of the amount that is considered to be within the RAB process. Much of the rest of the Bill is about how that allowable revenue is collected from customers, placed with the counterparty and allocated out to the nuclear company that undertakes the construction and subsequent production of a nuclear plant, and about the safeguards and concerns surrounding that process. The question of allowable revenue is crucial to the rest of the Bill.
Allowable revenue is made up of a number of building blocks. The return on capital must be assessed, as must depreciation, operating costs, the project’s taxation, grid costs, the funded decommissioning programme, incentives and other adjustments. Those all go into the pot of the allowable costs regime, which sets a ceiling for the amount of money that can be taken from the consumer, albeit that that is a contribution towards the process made by lots of people in small amounts on their bills over a period of time. It sets out the quantum of those contributions, and many adjustments can be made to how that works, in relation to the timescale of the process, the part of the allowable costs element that is placed into construction and the part that is placed into production. That is set out later in the Bill as part of the process of allocation from the counterparty body to the body that carries out nuclear construction and production.
As was mentioned earlier, it is not always the case that nuclear power plants are constructed exactly to cost and exactly to time. Indeed, if we look at the construction of nuclear power plants across the world, we find that all but one has run over time or over cost or both—in some instances by very large amounts. The allowable costs ceiling is therefore important for us to get a clear scope of what the customer will have to bear in this process. However, there is also a process in the Bill that allows that allowable costs ceiling to be raised, on the Secretary of State’s consideration, if the circumstances change. If the costs rise or the timescale slips, the Secretary of State can allow the allowable costs ceiling to be raised.
What that means in principle for the consumer is potential catastrophe, because the consumer thought they were in for a particular allowable costs ceiling that had been determined. We have heard already about the rather heroically optimistic cost assessments provided for in the Bill, and on that sort of allowable costs arrangement consumers would have about £1 put on their bills in the design phase, with a lot more—perhaps £10—on their bills in the construction phase. The amount would then taper down as production gets under way, with the possible payback of some money in the process. The overruns on construction costs or time costs could double or treble that amount, particularly during the construction period, in a way that the consumer would not have anticipated.
In the amendments, we suggest that the consumer should be in for the initial allowable costs ceiling estimate—and that is it. In circumstances where the Secretary of State is contemplating what should happen with the allowable costs ceiling, he should not cause any excessive expenditure simply to be plonked on to customers’ bills. At that point, if the costs or the timescale have changed, there are a number of options open to him as to how to deal with the new cost ceiling; that need not necessarily be done by simply raising the allowable costs ceiling. For example, it could be by adding a particular taxpayer’s investment to the project, or it could be by issuing nuclear bonds, which puts additional money into the company but does not impact on customer bills.
We are seeking to cap the RAB in terms of what the customer expectation of it is. That does not necessarily mean that the function of the RAB is determined by that cap; it just means that the exponential milking of the customer to fund the RAB does not take place and that the Secretary of State has recourse to other means and should publish, as amendment 12 says, what the plans would be in the event of an excess over the ceiling to make the project a success.
That is a very important part of the new deal as far as RAB is concerned. The customer is now being asked to invest, in the first instance, in the hope for a plant, well before the plant has been established; that is new—the CfD process is post the construction of the plant. They are being asked to underpin the expensive costs that are incurred during the construction period. They are also being asked to engage in a two-way process whereby, yes, they get cheaper bills but they are still potentially contributing to a RAB process as the production phase continues. So the very least we should expect on behalf of the customer is that they know what they are letting themselves in for at the time of the outcome of the project.
We are not talking about capping costs necessarily; we are talking about how those additional costs are paid for under the circumstances where they do rise. We obviously hope that, as the project progresses, those costs and timescales do not increase, but if they do we do not see that the customer needs to foot the additional bill; there needs to be other recourse. That is what we have put in these amendments, and should the Secretary of State consider in any way that the customer is an investor in this process, we hope he would consider that a reasonable way of dealing with the investment that the customer is undertaking in the process as a whole.
Greg Hands
I will speak for a little longer than I might ordinarily do, because this is an important question of consumer protection. I will try to deal with all the points raised by the hon. Member for Southampton, Test.
Amendment 11 would limit the ways in which the Secretary of State could exercise the powers under clause 7. As we know, clause 7 allows for a nuclear company’s allowed revenue to be increased should its financing cap be exceeded in construction, but only in certain circumstances and where a clear procedure is followed. The amendment seeks to prevent the Secretary of State from creating any additional recourse to consumer funding in the exercising of his or her powers under the clause. Amendment 12 proposes that the Secretary of State should be transparent about the funding of a nuclear RAB project were they prohibited from funding an extension to the allowed revenue through a revenue collection contract.
First, I draw the House’s attention to the remoteness of the scenario under which the Secretary of State may choose to exercise the power under clause 7. Under a RAB model, the licence would determine a risk-sharing mechanism, whereby construction cost overruns up to the agreed financing cap are shared between investors and consumers. We expect that any RAB structure will ensure that financial incentives are in place to ensure the company’s investors manage project costs and schedules. The financing cap will be based on robust risk analysis, including best-practice, reference-class modelling, and set at a level that is sufficiently remote that there is a very low chance that it would be reached.
However, in the event that the financing cap is reached, investors would not be obliged to provide the capital to complete the project and this risks considerable sunk costs to consumers if the project is discontinued. Given the size and importance of the project, the Government consider it crucial that there is a mechanism in place to allow the additional capital to be raised to ensure completion of the project, and that decisions to extend the project’s revenue rest with the Secretary of State.
I would emphasise at this point that any decision taken by the Secretary of State to adjust the allowed revenue is one that is subject to a robust process of scrutiny and transparency. The Secretary of State could exercise the power to extend the allowed revenue only following consultation with the licensee, the ONR and Ofgem, which, I remind the Committee, has as its primary statutory duty the need to protect the interests of existing and future consumers with respect to the cost and security of the supply of electricity.
In exercising the power, the Secretary of State must continue to have regard to those matters detailed in clause 6(4), which includes the interests of existing and future consumers with respect to the cost of supply of electricity. As is consistent with our approach across the Bill, we have sought to ensure a transparency process whereby the Secretary of State is required to publish a statement setting out the procedure to be followed when exercising this power. That is set out in subsection (6).
Dr Whitehead
That is very disappointing. The Minister has effectively said that the customer has no say in this arrangement. He used the phrase “reduce the options to Ministers”; yes, this would reduce the options available to Ministers—it would make them think about how they should put forward other ways of covering a breach of the allowed expenditure without simply fleecing customers. The Minister may think that one of his options ought to be to fleece customers—that might be the universe he inhabits—but we do not think that should be the case. We think that the customer must have much clearer lines of protection, other than the very woolly things that the Minister has said that might cause the customer to be given some consideration in this process. For those reasons, we would like to divide on amendment 11.
Question put, That the amendment be made.
Dr Whitehead
I beg to move amendment 10, in clause 7, page 7, line 17, after “operations” insert
“and have generated power for placement onto the National Grid”.
This amendment amends the definition of the completion of construction of the nuclear project to include initial generation of power.
The amendment relates to statements made, for the purpose of licence modifications, about the completion of the construction of a nuclear project. Clause 7(5) states that completion of the project should be based on
“successful completion of such procedures and tests relating to the project as constitute, at the time they are undertaken, the usual industry standards and practices for nuclear energy generation projects in order to demonstrate that they are capable of commercial operations.”
I wonder whether hon. Members can spot what is missing from that subsection. This is not a quiz, and I think hon. Members have long gone to sleep—but in case not, the answer is that there is no suggestion in it that the nuclear power station actually has to produce anything. Construction could be regarded as complete provided that all the hoops have been jumped through, even if no button has actually been pressed. Presumably what one would regard as the original purpose of the whole operation is that it should produce some power that goes into people’s homes, buildings and so on.
The amendment simply says that not only must all those things be completed, but the project must do what it was originally supposed to do: generate power. As the amendment describes it, the project must
“have generated power for placement onto the National Grid”.
That seems a very modest amendment, but it would put right what I think is rather a serious omission in clause 7(5) with respect to the whole idea of what a nuclear power station is for. Surely we must agree that generating power is the purpose of a nuclear power station, and that completion must therefore be based on that purpose.
I cannot see any great reason why the amendment should not be accepted, but I am sure that the Minister has a very good argument why not.
Greg Hands
I thank the hon. Gentleman for moving his amendment. It is important that we consider that the scenario is remote; before allowing any project to have a RAB, we will obviously have conducted robust due diligence, using best practice benchmarking analysis to set the financing cap at a remote level. The project’s investors will be incentivised to control costs below that level and will be penalised for project overruns. We are clear that this power of modification should be exercisable only during the construction of the plant, and have sought to do this in clause 7(4). This determines that this power cannot be exercised at any point once construction has been completed. For the purposes of this clause, we have defined the construction phase in clause 7(5).
The amendment would provide further qualification to the definition of the end of a project’s construction phase. It seems to make it explicit that the purpose of the construction phase of the nuclear project is to build a plant that will contribute electricity to the national grid, and that might appear fair enough. However, the clause is intended to cover both the period of construction and the testing of the plant, to ensure that it can operate commercially to provide power. An early part of this testing is the connection of the plant to begin to provide power to the national grid. However, there is further testing that follows, to ensure that the plant can operate effectively throughout its life. We consider it appropriate that the option to increase funding to complete the project should run until all testing completes.
In a nutshell, I think the cut-off point proposed by the hon. Member for Southampton, Test is too early in the process. The point at which the power station connects to the national grid is not the point at which one can have 100% confidence in the project from there. Therefore, I thank the hon. Gentleman for his interest and concern, and of course we would not wish to see consumers being penalised, but unfortunately I think he strikes the wrong point in the process at which this clause would kick in. I urge him to withdraw the amendment.
Dr Whitehead
I concede that I may not have fully understood all the various tests that are undertaken to usual industry standards, but nowhere in this clause does it say that those tests include the production of power. That is my central point. It is a bit like going into a car showroom and being shown a really nice vehicle. It has all the bells and whistles on it, and all the guarantees; it looks greats and the paint is really good. But when one asks to go for a test drive, the person in showrooms says, “I’m sorry, you can’t do that, Sir; it hasn’t got an engine in it.” Surely it must be about producing power. That ought to be explicitly in the Bill. That is my only point. If the Minister thinks that, concealed in all these various tests is the production of power, which does not seem to be the case to me, then maybe that is not needed on the face of the Bill. I think it would be rather good if it were on the face of the Bill.
Dr Jamie Wallis (Bridgend) (Con)
Does the hon. Gentleman agree that we are in a very sorry place indeed if all the usual industry standards and practices for nuclear energy production do not actually include the production of energy?
Dr Whitehead
We would be in a sorry place, but that is effectively what the clause appears to state. It is all about the fact that it could produce energy, not that it does produce energy. Those are two potentially different things. The hon. Gentleman is right about the industry standards that set it all up to make sure that energy can be produced. I merely think it might be a good idea if we found out if it did produce that energy.
Alan Brown
I do not want to go on for too long but, further to the previous intervention, is it not the case that it can easily be argued that the EPR reactors currently being built are capable of generating electricity, but not one of the two EPRs under construction in Europe have started generating electricity for the grid? They are actually 10 years late, which underlines the point made by the hon. Member for Southampton, Test.
Dr Whitehead
The hon. Member makes a good point. We have a number of nuclear reactors in Europe that look like they can produce energy, and they are still standing there not producing energy, many years after they were supposed to do so.
We will not press the amendment to a vote. I am a little disappointed that the Minister did not take the opportunity to add to the Bill what I think an average person reading the Bill would think obvious, but I know we cannot get what we want all the time. He has put forward reasons why he thinks that point is covered elsewhere in the clause. It would have been good if it was more transparent and up front. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Alan Brown
Again, I will be brief. I have a few comments on clause 7 stand part. Subsection (2) and paragraph 83 of the explanatory notes confirm that a licence can be modified to allow the cost cap to be exceeded, but also, critically, so that additional revenue can be collected. The Minister spoke about transparency. How can that power be applied transparently? Clause 7 references clause 6(4), but that subsection does not provide enough scrutiny of governance.
I will give an example. What is to stop a nuclear company begging another £1 billion? With the costs of a nuclear project, £1 billion here or there does not make much difference in the overall scheme of things. If the Secretary of State thinks, “I am so worried about security of electricity supply”—that is an argument we keep hearing on nuclear—under clause 6(4)(b), they can then decide, “Yes, this power station is so critical for future energy security, I will just throw more good money after bad.” It is an easy step, and one that could be repeated several times—£1 billion here or there makes no difference.
This Government have already proven to be so pro-nuclear that they signed up to the most expensive power station in the world, Hinkley Point C, and so pro-nuclear that, after market failure, we are here debating this Bill, and, as was said earlier on, they have committed £1.7 billion just to develop Sizewell C to the final investment stage. We know they are so desperate to get Sizewell C over the line for the final investment stage, they are making that the newest, most expensive power station in the world, which we will be paying for for 60 years. So I do not understand how the clause gives protection and transparency for consumers, if costs go up. Invariably, costs will go up. It is unlikely that the risk is going to be carried by the developer. The risk under the RAB model is going to be carried by the consumers.
Greg Hands
Clause 7 provides the Secretary of State with the power to modify the allowed revenue of a relevant nuclear company where that is required to complete the construction of the nuclear RAB project.
I stress that this is a narrow power. Subsection (2) makes it clear that it can be exercised only where the expenditure to complete construction is likely to exceed a cap under the licence and to make modifications to the allowed revenue of the company. Subsection (4) means the power can only be used before the completion of construction, the point at which the plant is ready to enter commercial operations. That refers back to our previous debate. That is the right point at which this power ceases to be exercisable. The use of the power is at the discretion of the Secretary of State.
Alan Brown
Will the Minister explain how he sees the cap being set? Obviously, on a construction project, there is usually agreed risk sharing and that effectively sets a cap, but presumably, given the way the Minister is talking, there will be even more headroom here. How is that headroom going to be set and how transparent will that be, in terms of understanding what costs have increased to reach the cap?
Greg Hands
The financing cap will be set out at the beginning of the project by the Secretary of State. It will be available to be scrutinised. The purpose of the power in the clause relates to what happens in the event that we approach the financing cap.
The clause would have relevance in the very unlikely situation that, during construction, the project is likely to breach its financing cap under a RAB. The financing cap is the point at which investors are no longer required to put money into the project. What happens then? The cap is set at a remote overrun threshold. This means that before committing to a company having a RAB, the Secretary of State should be confident that the prospect of costs hitting that threshold is really very unlikely. Under the RAB licence, mechanics will be in place to incentivise investors to minimise costs and schedule overruns, such as overrun penalties. That will ensure that the breach of the financing cap is a remote risk.
When deciding whether to exercise the powers, subsection (3) means that the Secretary of State will need to have regard to the achievement of carbon targets and the interests of consumers, and whether the company is able to finance its activities. Those are the same considerations as when deciding whether to amend the company’s licence to insert the RAB conditions in clause 6. Given the strategic importance of a new nuclear plant, and the wider considerations, such as our need to secure resilient low-carbon energy, it is more appropriate that such a decision is made by the Secretary of State in this instance.
The Secretary of State is also the most appropriate person to balance the interests of consumers, taxpayers and investors. It is not about putting additional burdens on consumers. The RAB is designed to protect consumers by giving them a more cost-effective nuclear power plant, as shown by the steps that we have taken in the Bill. That includes robust due diligence before the final investment decision to be confident that the project will be effectively managed, incentives on the project in construction, penalties for investors in any overrun scenario, and the option for the Government to step in if the project hits extreme overruns.
Question put and agreed to.
Clause 7 accordingly ordered to stand part of the Bill.
Clause 8
Procedure etc relating to modifications under section 6 or 7
Dr Whitehead
I beg to move amendment 13, in clause 8, page 8, line 11, leave out from “power” to end of line.
This amendment strengthens the requirement on the Secretary of State to publish details of license modifications.
Ms Fovargue, as there are no amendments or objections to the clauses from this one to the end of part 1, I suggest that it might be possible to dispose of them collectively to get to the end of part 1 this afternoon. The Opposition would have no objection to that.
I will be brief. Amendment 13 simply says that if the Secretary of State is going to publish something, they should get on and publish it. As it stands, the clause states:
“The Secretary of State must publish details of any modifications made under a relevant power as soon as reasonably practicable after they are made.”
That is a weaselly dilution of the “must” at the start of the line—if the Secretary of State must publish details, they should just get on with it. Hon. Members will see that the following subsection states:
“If…the Secretary of State makes a modification…the Authority must…publish the modification.”
That does not have the little weasel phrase at the end, so why is that weasel phrase in subsection (5) and not subsection (6)?
Alan Brown
I do not want to be a pain, but does not deleting
“as soon as reasonably practicable after they are made”
make the timescale for the Secretary of State to publish open-ended? In a way, the amendment is not tightening the timescale but leaving it more open-ended.
Dr Whitehead
My concern in this clause is that the phrase
“as soon as reasonably practicable”
gives the opportunity for almost limitless delay to publication. If the Secretary of State must publish details of any modifications, he must, and if he does not, he can be called up under the terms of the Bill. If that weasel phrase is in it, however, the delay could last for a long time. I suggest that the amendment tightens it up by saying that it should be published and that is it.
Alan Brown
I realise that we are arguing over semantics, but perhaps it should be amended to be “must publish details of any modifications made under a relevant power once that modification has been made” to try to bring absolute clarity that it needs to be published right away.
Dr Whitehead
Yes, that might have been a good idea, but unfortunately it is not on the amendment paper this afternoon. My amendment is, so I hope the Minister will consider ensuring that subsections (5) and (6) are consistent, so that both modifications made under both are required to be published, full stop.
Greg Hands
Amendment 13 addresses how soon the Secretary of State should be obliged to publish the details of any modification made under the relevant powers, as already referred to. We think the clause already provides a clear and transparent process, which includes consulting the named parties before exercising these powers and modifications, and then publishing medications made
“as soon as reasonably practicable”
after the fact. Of course, publication can exempt matters that are commercially sensitive or that relate to national security.
The purpose of the amendment is to remove the obligation on the Secretary of State to publish the details of any modifications as soon as practicable after they are made. The Secretary of State would therefore not be subject to an express time obligation on when the details of the modifications must be published. I welcome the Opposition’s focus on ensuring transparency throughout the process of setting up a RAB for a project. We recognise that decisions to modify licences are important, and we believe it is necessary to provide a transparent decision-making process in legislation, as the Bill seeks to do.
I believe the amendment would reduce transparency, not increase it. I do not consider that it will help us to achieve the objective of a clear and transparent decision-making process. Removing the express obligation on the Secretary of State to publish details of any modifications as soon as reasonably practicable could result in uncertainty about when they should be published, which might cause the Secretary of State to unnecessarily delay the publication informing the public, stakeholders or industries of the modifications made. I hope that the hon. Members for Southampton, Test and for Greenwich and Woolwich will agree with that position; the amendment would reduce transparency, not increase it. I therefore ask that amendment 13 be withdrawn.
Dr Whitehead
I think we perhaps have a slight divergence of opinion here. We were seeking to simplify and create an imperative for publication by reducing the qualifications on that publication. The Minister has sought to suggest otherwise. We will have to disagree on that; however, we do not wish to push this to a vote this afternoon, so I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 8 ordered to stand part of the Bill.
Clause 9
Expiry of modifications made under section 6
Question proposed, That the clause stand part of the Bill.
Greg Hands
Briefly, clauses 9 to 14 lay out pretty clearly the direction of travel. No amendments have been tabled, so I assume there is contentment across the Committee with the clauses as they stand. They are perfectly drafted, though I say so myself, and I therefore urge the Committee to agree that they stand part of the Bill.
Question put and agreed to.
Clause 9 accordingly ordered to stand part of the Bill.
Clauses 10 to 14 ordered to stand part of the Bill.
Ordered, That further consideration be now adjourned. —(Mark Fletcher.)
Judicial Review and Courts Bill (Tenth sitting)
(2 years, 5 months ago)
Public Bill CommitteesRead Full debate Read Hansard Text
The Committee divided: - Ayes: 5 / Noes: 8 - Question accordingly negatived.
The Committee divided: - Ayes: 5 / Noes: 8 - Question accordingly negatived.
The Committee divided: - Ayes: 8 / Noes: 4 - Question accordingly agreed to.
The Chair
I remind the Committee that with this we are discussing the following:
New clause 10—Publicly funded legal representation for bereaved people at inquests—
“(1) Section 10 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 is amended as follows.
(2) In subsection (1), after “(4)” insert “or (7).”
(3) After subsection (6), insert—
“(7) This subsection is satisfied where—
(a) The services consist of advocacy at an inquest where the individual is an Interested Person pursuant to section 47(2)(a), (b), or (m) of the Coroners and Justice Act 2009 because of their relationship to the deceased; and
(b) One or more public authorities are Interested Persons in relation to the inquest pursuant to section 47(2) of the Coroners and Justice Act 2009 or are likely to be designated as such.
(8) For the purposes of this section “public authority” has the meaning given by section 6(3) of the Human Rights Act 1998.””.
This new clause would ensure that bereaved people (such as family members) are entitled to publicly funded legal representation in inquests where public bodies (such as the police or a hospital trust) are legally represented.
New clause 11—Removal of the means test for legal help prior to inquest hearing—
“(1) Schedule 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 is amended as follows.
(2) In paragraph 41, after sub-paragraph (3), insert—
“(4) For the purposes of this paragraph, the “Financial resources” provisions at section 21 (and in The Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013 do not apply.””.
This new clause would remove the means test for legal aid applications for legal help for bereaved people at inquests.
New clause 12—Eligibility for bereaved people to access legal aid under existing provisions—
“(1) Section 10 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 is amended as follows.
(2) In subsection (4)(a), after “family”, insert—
“or where the individual is an Interested Person pursuant to section 47(2)(m) of the Coroners and Justice Act 2009 because of their relationship with the deceased.”
(3) In subsection (6), after paragraph (c), insert—
“(d) or they fall within any of the groups named at section 47 (2)(a), (b) or (m) of the Coroners and Justice Act 2009.”
(4) Schedule 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 is amended as follows.
(5) In paragraph 41, after sub-paragraph (3)(c), insert—
“(d) or they fall within any of the groups named at section 47 (2)(a), (b) or (m) of the Coroners and Justice Act 2009.””.
This new clause would bring the Legal, Aid, Sentencing and Punishment of Offenders Act 2012 into line with the definition of family used in the Coroners and Justice Act 2009.
Andy Slaughter (Hammersmith) (Lab)
It is a pleasure to serve under your chairmanship, Mr Rosindell. I am sure you have been told that, before the short adjournment, I had made my remarks on amendment 73 and new clause 10. I will deal with new clauses 11 and 12 briefly because I dealt with most of the points on new clause 11 in my opening remarks on the group.
New clause 11 asks for the removal of the means test for legal help prior to an inquest hearing. It is complementary to new clause 10, which deals with representation. As I indicated, the Government have given certain assurances on legal help and on representation for bereaved families at inquests. We are keen to hear more details on that. However, what we have heard so far does not go far enough, or in this case, fast enough. Legal help is important, because as soon as a death occurs, complex legal processes are triggered involving multiple interested persons and agencies. Families often need expert advice on areas such as access to and release of the body, post-mortems, communication with investigation teams, securing of evidence, inquest scope, witnesses, article 2 inquests, criminal investigations and so on. As previously highlighted, legal help can significantly impact the scope and quality of an inquest. It is imperative that families secure specialist legal advice at the earliest possible stage. Until the Government remove the means test for legal help, that will not be possible for a significant number of families. I therefore propose new clause 11, which would remove the means test in legal aid applications for legal help for bereaved people at inquests, as the Government have committed to doing for advocacy services.
New clause 12 would bring the definition of family in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 in line with the definition used in the Coroners and Justice Act 2009. Article 10(4) of LASPO refers to services offered only to members of the deceased’s family. The amendment would bring that definition of family in line with that used in the 2009 Act, ensuring that the eligibility for those services includes an “Interested Person”, which as per that definition can be a spouse, child or sibling, but can also be a child of a sibling, a partner, civil partner, grandparent, step-parent or half-sibling. Crucially, that definition also covers a personal representative of the deceased and others acting in an official capacity on behalf of the deceased. That will apply where there is a personal representative who may not be directly related. This change has the common-sense advantage of making the legal aid eligibility under LASPO consistent with the 2009 Act.
An example of why that is important comes in the case of an ex-prisoner who had no or very little contact with her family owing to her time in prison and other factors. The only person who could represent her interests was someone she had become close to in her community, and whom she had named in a letter to her probation officer as next of kin. The coroner and all the interested parties treated this person as next of kin, but despite that, the Legal Aid Agency maintained that funding could not be provided because the person was not family under the definition set out in LASPO. I therefore propose new clause 12, which would bring the definition of family in LASPO in line with the definition used in the 2009 Act.
The Parliamentary Under-Secretary of State for Justice (James Cartlidge)
It is a pleasure to serve under your chairmanship, Mr Rosindell. Amendment 73 proposes to set out in primary legislation the requirement for a coroner to seek consent from interested persons before deciding on whether to hold an inquest without a hearing. The intention of clause 38 is to allow coroners flexibility to hold cases without a hearing where they determine there is no requirement to hold one. The clause is focused on non-contentious cases, and while it will be for the coroner to determine what constitutes a non-contentious case, we expect that these will be cases in which the bereaved family is content not to attend a hearing.
I understand that the vast majority of the 30,000 inquests heard each year are held with only the coroner and their officer in the courtroom, speaking into a recording device. In these cases, it is simply unnecessary to hold hearings and to prolong the process for bereaved families. Safeguards for clause 38 are already set out clearly in subsection (2), which states that the coroner has to have
“invited representations from each interested person known to the coroner”,
and cannot decide that a hearing is unnecessary if an interested person
“has represented on reasonable grounds that a hearing should take place”.
Coroners also cannot proceed without a hearing unless they think the public interest would not be served by having one. As I said on previous clauses, coroners are independent judicial office holders. How they conduct their investigations and inquests is a matter for them. Introducing the concept of consent into the coroner’s decision-making process is tantamount to fettering a coroner’s discretion. Notably, amendment 73 does not address the entirely possible eventuality that consent may be unreasonably withheld.
I turn to the motions relating to legal aid. As hon. Members know, I am sympathetic to the difficulties facing all bereaved families. The Government believe that affected families should be at the heart of any inquest process. The coroner’s investigation, including the inquest, is generally an inquisitorial, fact-finding process; a narrow-scope inquiry to determine who the deceased was and how, when and where they died. This means that, for the vast majority of inquests, legal representation and legal aid are not necessary. New clause 10, which would expand access to legal aid at inquests, would run counter to that approach. There is a risk that additional lawyers at an inquest will not provide an overall improvement for the bereaved and could have the unintended consequence of turning an inquisitorial event into a complex defensive case, which could prolong the distress of a bereaved family.
The hon. Member for Hammersmith made some perfectly reasonable points. He referred to the oral evidence that we heard from André Rebello. I remind Members that André Rebello is a senior coroner operating in the north-west of England and the honorary secretary of the Coroners’ Society of England and Wales. As he said:
“A coroner’s jurisdiction is inquisitorial. It is an inquiry; it is not litigation.”
He also said:
“Where there is representation…where the properly interested persons are identified, they have rights with regard to disclosure of advance information, but thereafter their duty is to assist the court in finding the true facts as to who the deceased was, when and where they died, and by what means and in what circumstances they came by death in certain cases. That is all done without determining criminal liability by a named person or any question of civil liability. This is an inquest, not litigation.”––[Official Report, Judicial Review and Courts Public Bill Committee, 2 November 2021; c. 35-36, Q36-38.]
It is worth pointing out that witnesses are examined, not cross-examined, for precisely that reason.
The Government recognise that this is a difficult time for bereaved families and have been working on several measures to make inquests more sympathetic to the needs of bereaved people. We have engaged with the Chief Coroner on training for coroners and officers; published new guidance on coroners’ services for bereaved people; developed a protocol that, among other matters, ensures that where the state is represented it will consider the number of lawyers instructed so as to support an inquisitorial approach; and building on that protocol, supported the legal services regulators—the Bar Standards Board and the Solicitors Regulation Authority—in their work to develop inquest-specific information to guide lawyers who represent at inquests. The regulators published a toolkit and competences for practitioners on 13 September.
For bereaved families who need legal help, advice and assistance is always available under the legal aid scheme, subject to a means and merits test. This can help preparation for an inquest, including help for families to decide what questions to ask. For legal representation at an inquest, legal aid may be available under the exceptional case funding scheme where certain criteria are met. Where these criteria are met, the Government are of the view that the process should be as straightforward as possible. With that in mind, we have already committed to removing the means test for exceptional case funding applications for representation at inquests and for legal help at an inquest where representation is granted. I said in Westminster Hall, and will say again in answer to the hon. Gentleman’s question, that we are in the process of drafting the clauses for a statutory instrument, which I believe will be legislated for early in the new year. I am afraid that I cannot give more detail than that, but it does mean that we will be bringing this measure forward relatively imminently.
Andy Slaughter
I am grateful for that, and I will not press the Minister further on timing beyond “the new year”, although we know that that could last up until December. However, is he saying that the measures on legal help will be dealt with at the same time and in the same way as those relating to exceptional case funding?
James Cartlidge
I was just about to come on to the issue of legal help, because the hon. Gentleman asked about that earlier. Legal help and advice in relation to inquests is already in scope of legal aid, and the Legal Aid Agency has the discretion to waive the eligibility limits if it considers it equitable to do so. However, the legal aid means test review is considering the legal aid means test as a whole, including in relation to legal help for inquests. That review will be published shortly.
New clause 11 would remove the means test for legal aid applications for legal help for bereaved people at inquests. As I said, we have recently announced our intention to amend regulations to remove the means test for applicants for exceptional case funding for legal representation at inquests. That change will also provide non-means-tested legal help in relation to an inquest for which ECF has been granted for legal representation. As was said in relation to legal help specifically, we are also carrying out a review of the legal aid means test as a whole, and that review will be published shortly.
New clause 12 would amend the definition of “family” for the purpose of applications for legal aid at inquests. As I said in response to new clause 10, the Government recognise that this is a difficult time for bereaved families, and have already made a number of changes to make inquests more sympathetic to the needs of bereaved people. However, that does not mean that legal aid is required in all cases. The coroner’s investigation is generally an inquisitorial and fact-finding process. This means that for the vast majority of inquests, legal aid is not necessary. For bereaved families who do need legal help, advice and assistance is already available under the legal aid scheme, which is of course subject to a means and merits test.
Again, as I have already said, for legal representation at an inquest, legal aid may be available under the exceptional case funding scheme where certain criteria are met, and the Government have already committed to removing the means test for those applications. Given the ongoing work that this Government are undertaking to support families at inquests, I urge the hon. Gentleman to withdraw his amendment.
Andy Slaughter
I hear what the Minister has said in relation to the amendment and the new clauses. Notwithstanding his comments on amendment 73, it is not our intention to press that amendment to a vote, or indeed to oppose the clause as a whole when we come on to clause stand part. I accept—although it is far from perfect—that there are some caveats built into the text of the clause, which are not built into clauses 37 and 39 in the same way.
As for the legal aid clauses and new clause 12, I hope the Minister will at least see that there is a logic and a consistency to adopting the same definitions as are in the Coroners and Justice Act 2009, and notwithstanding his comments, I hope that the Government might look at this issue again. I hear what he says about legal help: he has made essentially the same point that he made about new clause 10, which is that this is an inquisitorial process and additional lawyers could complicate the matter, so in that sense, the new clause is not necessary. I will not push new clause 11 to a vote—let us see what the Government come up with—but we will wish to vote on new clause 10.
Frankly, the arguments that the Government are repeating in a rather tired way have been completely debunked now. As the Minister has said, we did hear from Mr Rebello, who is a senior coroner, but there are many coroners who do not share Mr Rebello’s view. As I indicated at some length this morning, this is the overwhelming opinion of not just practitioners but practitioner organisations, family organisations and all those who have done these reports for 20 years, and the Government are conceding that in part. This is an area on which the Government have moved, and I respect the fact that they have done so, but if they really believe in equality of arms in these matters, they have to put families at inquests on the same footing as those parties who are fully represented. It still will not be equality of arms. Frankly, in many cases, there will still be a number of different parties reinforcing each other. I have appeared in many inquests of that kind against a family, often a single family, and their lawyer.
The Chair
Just for clarification, votes on new clauses come at the end of the proceedings.
Question proposed, That the clause stand part of the Bill.
James Cartlidge
Each year, around 30,000 inquests are held in England and Wales. Indeed, 32,000 inquests were opened in 2020. A significant number of the cases are non-contentious and those most likely to attend, such as the bereaved family, are content not to attend. Despite that, the coroner still has to hold a hearing, often in an empty courtroom with just a recording device. The clause will enable the coroner to determine when an inquest can be held without a hearing, for example, where there is no practical need or public interest to do so. That would, in turn, free up physical space and resources for inquest cases that do require a hearing.
There will, of course, be cases that genuinely need a full public hearing, and coroners will still be expected to hold these as usual. There will also be cases where the family would like a hearing, and the coroners will be expected to judge each case on merit, working with families sensitively. The Chief Coroner will provide further guidance to coroners to ensure that there is consistency of approach across coroner areas. The clause will reduce the need for unnecessary procedures, bringing efficiency to the coroner’s courts and supporting bereaved families by reducing the need for unnecessary inquest hearings, which add to their distress.
Question put and agreed to.
Clause 38 accordingly ordered to stand part of the Bill.
Clause 39
Use of audio or video links at inquests
Andy Slaughter
I beg to move amendment 74, in clause 39, page 51, line 10, at end insert—
“(2B) Coroner rules that provide for the conduct of hearings wholly or partly by way of electronic transmission of sounds or images must not allow the conduct of hearings wholly or partly by sound only.”
The purpose of this amendment is to prevent an inquest from being conducted by telephone or other means which are audio only.
The Chair
With this it will be convenient to discuss the following:
Amendment 75, in clause 39, page 51, line 10, at end insert—
“(2C) Coroner rules that provide for the conduct of hearings wholly or partly by way of electronic transmission of sounds or images must provide for all interested persons to have to give their agreement to the conduct of hearings wholly or partly by way of electronic transmission of sounds or images.”
The purpose of this amendment is to ensure the agreement of families is secured before an inquest is conducted remotely.
Amendment 76, in clause 39, page 51, line 10, at end insert—
“(2D) Coroners rules that provide for the conduct of hearings wholly or partly by way of electronic transmission of sounds or images must specify that, other than for any pre-inquest hearing, such a hearing, may only be held if—
(a) all interested persons known to the coroner named at section 47(2)(a) or (b) of this Act 2009 consent to such a hearing,
(b) the coroner is satisfied, and continues to be satisfied until the conclusion of any such hearing, that such a hearing is in the interests of justice, considering all the circumstances of the case,
(c) the coroner has considered the likely complexity of the inquest, and
(d) the coroner has considered the ability of interested persons known to the coroner to engage effectively with the hearing by way of electronic transmission of sounds or images.”
This amendment would ensure that certain safeguards are met before a remote inquest hearing is held.
Amendment 77, in clause 39, page 51, line 10, at end insert—
“(2E) Coroners rules that provide for the conduct of hearings wholly or partly by way of electronic transmission of sounds or images must require coroners to set out to all interested persons the reasons for why such a hearing, other than for any pre-inquest hearing, is to be held—
(a) at the conclusion of any pre-inquest hearing where any such hearing is ordered, if applicable, and
(b) in writing as soon as practicable after a decision has been taken for such a hearing to be held and prior to the commencement of the hearing.”
This amendment would ensure that interested persons are provided with the reasons for any remote inquest hearings.
Amendment 78, in clause 39, page 51, line 10, at end insert—
“(2F) Coroners rules that provide for the conduct of hearings wholly or partly by way of electronic transmission of sounds or images must provide for such hearings to comply with, and be subject to, Rule 11 of The Coroners (Inquests) Rules 2013 (Inquest hearings to be held in public).”
This amendment would ensure that remote inquest hearings and pre-inquest hearings are still held in a manner accessible to the public.
Amendment 79, in clause 39, page 51, line 10, at end insert—
“(4) Before this Clause may be commenced, the Lord Chancellor must—
(a) commission an independent review, including a consultation, of the potential impact of the conduct of inquest hearings wholly or partly by way of electronic transmission of sounds or images, considering in particular the impact on the participation of interested persons, and open justice,
(b) lay before Parliament the report and findings of such independent review, and
(c) provide a response explaining whether and how such issues which have been identified would be mitigated.”
This amendment would require a review, including a consultation, of the potential impact of remote inquest hearings before Clause 39 comes into effect.
Andy Slaughter
The Committee will see that we have a number of concerns about the way in which the amendment is presented, but not about the principle. We covered the role of technology and so forth in a previous part of the Bill, but we repeat some of those concerns and we have additional concerns in relation to the coronial process.
Clause 39 would enable remote attendance at inquest hearings by amending the coroners rules to allow provision for the conduct of hearings either wholly or partly by way of electronic sounds or images. Proposed new subsection (2A) sets out a provision to allow members of the jury to take part in a hearing virtually. It clarifies the fact that all members of the jury must take part in the same way and from the same place. There is much to be said for support measures to make pre-inquest reviews more readily available remotely, and we have seen this working well in many instances. In some cases, it is true that remote inquest hearings will be appropriate and some families have welcomed them during the covid-19 period.
There can be additional benefits of remote hearings in facilitating wider participation for public and media access, but only if arranged in a way that ensures that is established. Given the way in which the clause is drafted, I have significant concerns about accessibility, transparency, participation and open justice with remote hearings.
Amendment 74 does not dispute the fact that there is a place for remote hearings, either partly or in full, but I argue that it would be inappropriate for an inquest to be conducted by audio only. It can be vital to see a witness who is being questioned during the inquest; otherwise it is impossible to know whether that person is being prompted on what to say by someone else, for example. Furthermore, if a hearing is audio only, neither the coroner nor anyone else will be able to get a sense of the body language of the witness, which could help to establish credibility. The amendment would prevent an inquest from being conducted by telephone or by other means that are audio only.
Inquests can help to provide closure for grieving families and, according to families who have been through this experience, part of that closure can be achieved by physically being in court. It is the opposite point to the one that the Minister made on families who may find it more comfortable not to be in court for various reasons. Every case and every family is different, but being in court allows families to be supported by their legal representatives not just professionally but emotionally. That could be difficult if they are in different locations. Some families may not have internet access, or an internet connection that is good enough to allow them to take part in an online hearing. Amendment 75 will ensure that those families are not excluded from an inquest by ensuring that their agreement is secured before one is conducted remotely.
The Government’s rationale for clause 39—that it would bring inquests to
“the same position as civil courts”—
fails to recognise the specific nature of inquests, which often differ from mainstream courts and tribunals because of the highly sensitive and distressing nature of the issues addressed and their potential complexity, especially for state-related deaths. Whether remote inquests are appropriate depends on a case’s circumstances: its facts, complexity and attendees, and their ability to participate electronically in the proceedings. The introduction of remote inquest hearings without considering the needs and wishes of bereaved families, who already face many barriers to effective participation in the inquest process, is extremely concerning.
As with any remote hearing, myriad issues, including health conditions and disabilities, may make it difficult for individuals to follow or engage with a virtual hearing. Those same issues may make it difficult for them to explain to the coroner why they would prefer to attend in person. Furthermore, inquests can be highly distressing and re-traumatising for bereaved family members. The Government state that remote hearings will reduce the additional distress of the inquest process for bereaved families; however, it is unclear what evidence there is for that statement.
It is possible that some families may welcome a remote hearing, including the practical benefit that it can provide for some participants; however, it is very possible that requiring bereaved families to attend inquests remotely from their own home, which may make it more difficult to detach the inquest from their personal lives, will risk increasing unnecessarily the distress for bereaved families. In addition, bereaved families who attend from home risk not having the same level of support, including vital in-person support from charities such as the Coroners’ Courts Support Service. They will also be required to navigate the additional technological challenges that remote hearings can pose.
Inquests play an important role in allowing bereaved families to understand the circumstances around their family member’s death; however, if family members have difficulty engaging with the inquest remotely, that may disconnect families and key witnesses from this important process. Given the highly personal and distressing nature of inquests, it may be difficult for family members to put forward arguments and explanations to a coroner of why they do not want a remote hearing, especially since many bereaved family members do not have access to legal advice and representation, and may be faced with competing arguments from other interested persons. A remote inquest hearing should occur only if family members have consented to it. To help to mitigate those risks, clause 39 could be amended to ensure that certain safeguards are met before a remote inquest hearing is held.
Turning to amendment 77, it is important that interested persons, including bereaved family members, are provided with the reasons why an inquest hearing is to be held remotely. That helps to ensure that, if necessary, they have a basis on which to contest a decision to hold an inquest remotely. It is crucial that bereaved family members are engaged throughout the inquest process and provided with regular updates on what decisions are being made by the coroner and why. Without this communication, bereaved families, who often find the inquest process complex and alienating, risk experiencing further alienation, confusion and distress.
“Chief Coroner’s Guidance No. 38”, on remote participation in coronial proceedings, recognises that need, specifying that where coroners order a partially remote hearing, they should set out their reasons to interested persons at the conclusion of any pre-inquest review or in writing, by letter or email. It is important that this important step is not misplaced by clause 39. Amendment 77 would ensure that interested persons are provided with the reasons for any remote inquest hearing.
Turning to amendment 78, hearings in public are a central and cardinal feature of the coronial system, and there is an obviously public interest in ensuring transparency and openness. Since the beginning of the pandemic, practice with regard to the ways in which inquests are held has become extremely variable. Coroners have been sitting in court throughout the pandemic, because pre-inquest reviews and inquest hearings must be held in public. The current variation in wider access relates directly to the availability of premises and the very different approaches taken by different coroners. This has meant that families face extremely different experiences.
The same relates to access for journalists and other members of the public, who have at times been denied remote access to hearings on various grounds. Remote hearings have a negative impact on access for the wider public and media, as shown in a recent survey of journalists’ experiences of remote coroners’ courts during the covid-19 pandemic. The survey highlighted the difficulties that journalists had experienced in gaining access to remote inquest hearings and the technical difficulties faced.
The Bill is unclear on the precise circumstances in which inquests would sit remotely and provides no stipulations on the way in which interested persons and the wider public should be able to access hearings. As a result, there is a risk that these measures will crystallise the gradual process towards reduced access, rather than being motivated by the opportunities of new technologies to increase it. That would row back on the important principle outlined by the Chief Coroner:
“In public means not just open to the public but arranged in such a way that a member of the public can drop in to see how an inquest is conducted.”
It would appear that clause 39 amends section 45 of the Coroners and Justice Act 2009 to allow coroners more generally to attend hearings remotely. That must be clarified. The proposed new section does not say explicitly that coroners can attend remotely from outside court, or that they can attend remotely from outside court as long as the hearing is still held in public. That may be appropriate where an inquest is set to take place otherwise remotely with the family’s consent, but we have concerns about where that is not the case.
Public hearings are a fundamental element of the coronial system, ensuring that there is public accountability, investigation and explanation where an individual has died. There must be public access to hearings and, as I have said, although we recognise that in some circumstances a remote hearing can increase availability for members of the public and media to attend the inquest, we are concerned that the Bill does not provide any assurance that continued public access to inquests will not be limited in a remote setting.
Clause 39 should therefore be amended to ensure that remote inquest hearings, including pre-inquest reviews, continue to comply with rule 11 of the Coroners (Inquests) Rules 2013, which requires hearings to be held in public. Amendment 78 would ensure that remote inquest hearings and pre-inquest hearings are still held in a manner that is accessible to the public.
Turning to amendment 79, I can support measures to conduct pre-inquest reviews remotely, as we have seen that working well in many instances. I note that many organisations that support the legal profession have said the same. The Bar Council said in its brief: “In line with our tradition regarding criminal trials, we are in favour of a presumption that proceedings for a jury are conducted in a room in which key interested persons are able to be physically present, and in which the coroner also sits.” However, there may be some sense in allowing pre-inquest review hearings to be conducted wholly remotely.
The Government state that remote hearings will reduce the “additional distress” of the inquest process for bereaved families—a claim for which they provide no concrete evidence. I have not been made aware of any evidence base in academic or other research to support this move. Indeed, it seems that remote or partly remote inquest hearings can, in fact, add to the distress of bereaved families. The only research into the experience of remote juries was a limited pilot study by Justice, which did not look specifically at inquests. As a result of the pilot, Justice concluded that whether remote inquests are appropriate is highly dependent on a case’s circumstances facts, complexities and attendees, and, vitally, on the impact of a remote hearing on access to justice for the bereaved family, who already face barriers to effective participation. Justice also concluded that vital safeguards for families, greater investment in technologies, and a pilot and evaluation are essential.
I share that view, because the Government must be asked to produce evidence to support these dramatic changes, or be asked to conduct further research and consultation with bereaved families on the implications of remote hearings, prior to enacting clause 39. The research must consider the positive and negative consequences of both fully and partially remote hearings and inquests. The review must include a consultation with bereaved families, to ensure that all concerns are fully considered and, where necessary, addressed. That would also highlight any gaps in the technology required for remote hearings and ensure the necessary investment.
Sir John Hayes (South Holland and The Deepings) (Con)
I am very grateful to you, Mr Rosindell. Your stewardship of our deliberations adds lustre to our proceedings.
The hon. Member for Hammersmith has done the Committee a service by tabling the amendments. I do not think even his greatest fan would say that he is an exciting performer on the Committee, but he is certainly a diligent one. His diligence has allowed us to consider again the issue of court users who may be disadvantaged in some way by the drive for efficiency. There is a barely a sin that has not been committed in the name of efficiency somewhere and at some time, and it is vital, as the amendments make clear, that we move forward with a careful consideration of the interests of all court users.
I will not rehearse the arguments that the hon. Member for Hammersmith has made very well. The amendments would ensure that consent is at the heart of the process, which I think would be welcome. Furthermore, they would guarantee that coroners will take full account of the character of hearings, which again I think the whole Committee would welcome. Moreover, they are clear that consideration must be given to those involved in an inquest who might be put at a disadvantage by the drive towards communications of a new kind, as proposed in the Bill. I appreciate that the Minister wants to make the process as convenient as possible but, my goodness, in the name of convenience, are we as a House and a people to cast aside all the sensitivities and sensibilities that characterise the way we go about our proceedings in courts, in this place and elsewhere? It is important that we recognise that the cause of utility, justified by convenience, is not the only consideration in these matters.
As I have said before, the Minister has been extremely sensitive to this issue in his responses. It is a case that I have made repeatedly on behalf of disadvantaged people, particularly disabled people, who will come before courts with all the doubts, fears and apprehension that anyone would have, but with the added challenges of having to navigate a system without the advantages that most of the people in this Committee have. It is really important that in trying to make the system more cost-effective, convenient and efficient, we take full account of disadvantaged people’s interests and needs. That is my purpose in adding my voice to this debate.
I pay tribute to the Minister for the way in which he has responded to the sensible arguments that have been made by Members on both sides of the Committee, and for his willingness to listen and take these things back and consider them further. I leave him simply with this thought. All my experience of life, which is not as long as it is going to be but is longer than some, is that as we journey through it, with all the joys and sorrows, all the trials and tribulations, all the triumphs and so on, it is perhaps the things that are inconvenient that take us closest to the sublime. I therefore long for the inconvenient life, and I hope that the Minister will recognise, in his very sensitive handling of these considerations, that convenience must not make us less caring.
James Cartlidge
I am grateful to my right hon. Friend the Member for South Holland and The Deepings for another very interesting contribution. His point that he is not as experienced as he will be in the future was an interesting chronological observation that it is impossible to dispute in any way, shape or form.
Sir John Hayes
That presupposes, of course, that I do not face an imminent decline or departure, which is not entirely impossible, although I am not hoping for it. I am glad that the Minister is wishing me a long and prosperous life—if that is what he is doing.
James Cartlidge
Not least because we do not want to have to put a further burden on the coroner’s office should any question marks be raised about the circumstances—[Laughter.] Or, indeed, a further by-election. These are not simple matters—and all that notwithstanding the fact that my right hon. Friend is a great man, who is bordering on a regional treasure if not yet a national one. The only point that I make is that, in many ways, in craving inconvenience, he has made an ode to traffic jams. There are many inconvenient things in life that I think all of us find a great displeasure.
Let me make a serious point about efficiency. I said on Second Reading that the streamlining of the courts is the thread that runs through the Bill. Almost every measure in it is, in one way or another, streamlining, and therefore about efficiency, but it is not efficiency for efficiency’s sake. If we take the measures to do with coroners, I very much regret that many cases are backlogged in the coroners’ courts, and inevitably they are the most serious cases—cases that will require inquests, possibly with a jury. We have to remember that that causes great distress for the families concerned. These efficiency measures will help us to reduce those backlogs so that we can deliver those cases in a more timely fashion, which I would argue is in the interests of supporting bereaved families and is therefore in itself compassionate.
By the same token, as I have said repeatedly throughout our consideration of the Bill, when one talks about the virtual sphere, measures such as remote participation and digitisation are not taken for the sake of it. They enable justice to happen in ways that it might not have done during the pandemic, for example. I accept my right hon. Friend’s point, but we have to remember that there is a very important reason why we are seeking to streamline these measures, and ultimately it is in the interests of our constituents.
Of course, if one is seeking to streamline and have efficiency—I have said this throughout, and I have agreed with the hon. Member for Hammersmith—one has to have safeguards in place. The amendments in this group all seek to provide additional safeguards for audio and video-link provisions in clause 39.
To be clear, clause 39 is intended to provide coroners with the flexibility to hold remote inquest hearings where all participants, including members of a jury, where applicable, participate remotely. During the pandemic, remote elements of inquests have worked well, with interested persons and witnesses attending virtually, so this is not unprecedented by any means. Other courts and tribunals have been holding wholly or partly remote hearings where participants have the option to participate remotely. The clause is intended to bring coroners’ courts in line with other jurisdictions. I would like to assure members of the Committee that we introduced the clause with bereaved families in mind. Giving coroners flexibility on how they hold their inquest hearings will ensure the timely hearing of cases and help to reduce unnecessary distress to families, not least by reducing delay.
Amendment 74 proposes to set out in primary legislation the requirement that remote hearings must not be conducted by audio only. The clause is intended to provide coroners with the flexibility to hold remote inquest hearings with the use of either audio or video links. It is important that coroners have the flexibility to conduct hearings by audio, as there may be occasions where that is the only means by which participation is possible—for example, if someone’s wi-fi is not strong enough for a video link. We have all been there, on Teams or Zoom, where we have had to go audio-only because things start breaking up. It is a fall-back position that we have all made use of, and I would argue that it is sensible.
It is similar to the situation in other courts and tribunals where, for instance, parties to a civil case can join via audio-only. Indeed, many courts ask parties who will not be speaking, as well as counsel waiting to respond to submissions, to switch their cameras off so that the transmission is more stable. After all, we want to be accessible online throughout the country. Unfortunately, although their number reduces every day, there are still parts of the country that have less effective broadband access than others.
Dr Johnson
I thank the Minister for giving way. Could he clarify a point on the use of audio as opposed to audio and visual evidence? When one is listening to someone give evidence in court, surely their facial expressions and the way they present themselves are also part of one’s understanding of their evidence, their believability and the emotions behind what they are saying.
James Cartlidge
Although not a lawyer, my hon. Friend, given her medical background, understands very much how we deal with people day to day, but I would argue that one could say that of any remote participation.
James Cartlidge
My right hon. Friend is furthering his cause of unravelling progress towards remote participation and so on.
On the basis of what my hon. Friend says, we could question almost all remote participation, in that we would have to therefore argue that it could only be possible if we could keep the camera on or, alternatively, that we wanted to see them face to face.
I think I made it clear to colleagues—I cannot remember if it was during the previous sitting or the one before—that one big advantage of more digitisation is that it frees up resource for the most important in-person procedures. In criminal, that is clearly trials—in particular, jury trials, which I accept will remain in person. So there is a consistent logic to this.
James Cartlidge
I want to make progress, but I will give way one more time.
Sir John Hayes
I appreciate that the Minister wants to make progress. However, amendment 76, tabled by the hon. Member for Hammersmith—he is not with us at the moment, but he has done a diligent job—says:
“(c) the coroner has considered the likely complexity of the inquest, and
(d) the coroner has considered the ability of interested persons known to the coroner to engage effectively with the hearing by way of electronic transmission of sounds or images.”
I am sure the Minister agrees—I am not making an antagonistic point—that it is important that the effects of that kind of communication are measured on the basis of those who might struggle. I do think that the point about disabled and disadvantaged people is very important—[Interruption.] I see that the hon. Member for Hammersmith has returned. I was again praising him; some may think he is more a bridge than a palais, but on this subject he is right on the button. There are people who could find the processes we are debating more intimidating, more unreasonable and less fair as a result of these changes. That is what we are all trying to get at. I know that the Minister is trying to do the right thing on this issue, but I hope he might think again, particularly about disadvantaged and disabled people.
James Cartlidge
My right hon. Friend speaks with great expertise and, indeed, with more experience than when he made his last intervention, based on his earlier comments.
James Cartlidge
The hon. Member for Hammersmith asked for evidence. It is obviously a difficult area. The procedures are new, so having very clear evidence on certain types of remote proceedings—
James Cartlidge
I am just responding to one intervention at the moment.
I stand by the point that I made earlier: overall, remote access digitisation enhances access to justice. For many people who are disabled, for older members of society for whom getting around and travel are not easy or straightforward, or for those who live in more remote areas, being able to access the process online will make it more accessible. It is simply about being reasonable. I want to make some progress on the amendments, but I will give way to the hon. Gentleman after making another point.
Andy Slaughter
Earlier, the Minister quoted with approval Mr Rebello’s evidence, which we took at the start of the Committee proceedings. The Minister agreed with him on the issue of representation, which one might think is more of a point to be debated. Mr Rebello is an experienced coroner and his evidence was persuasive on whether it was as acceptable to have people remotely as it was to have them in the room, in terms of not just the individual parties—there are many different parties—but the collective impact. I wonder why the Minister was not persuaded.
James Cartlidge
What I hope I have set out is that we are simply introducing flexibility. One should not underestimate the fact that the powers are in the hands of a judicial figure—the coroner is in effect a judge—who in all the provisions has discretion in how such matters operate. I have great faith in the judiciary. One needs to apply common sense. What cannot be done is something that the law does not allow, and we are enabling something to be possible.
Amendment 75 proposes to set out in primary legislation the requirement for the coroners to obtain consent from interested persons before making a decision on whether to conduct an inquest hearing remotely. As I said, coroners are independent judicial office holders and how they decide to conduct an inquest hearing should be a matter for them. In line with other courts and tribunals, the final decision will lie with the judiciary.
It is expected, however, that the rules to govern remote inquest hearings will provide that coroners should seek views from interested persons and take those into consideration as part of their decision making. I assure hon. Members that coroners will continue to act sensitively to ensure that bereaved families’ concerns are considered when making decisions about the investigation, including the pre-inquest and inquest hearings.
Amendment 76 proposes to introduce additional requirements into the clause when a coroner proposes to hold an inquest hearing remotely, including the requirement that the coroner obtains the consent of interested persons. Amendment 77 would require coroners to notify the parties before the intention to hold a hearing remotely.
As I said, the clause enables rules to be made permitting remote hearings to be held in coroner’s courts. Detailed rules will be brought forward to govern the conduct of remote hearings to guide how they will work in practice. As such, I am not convinced the amendments are necessary.
Again, I stress that remote elements of the coroner’s inquests worked well during the pandemic with interested persons and witnesses attending virtually. I assure all colleagues that coroners will continue to work sensitively with bereaved families, acknowledging their concerns and working in their best interests to ensure that justice is seen to be done.
Amendment 78 seeks to ensure that remote hearings are held in a way that is accessible to the public. Clause 39 needs to be read in conjunction with clause 167 of the Police, Crime, Sentencing and Courts Bill which is in the other place. That provides for the remote observation and recording of proceedings by direction of the court in a number of courts, including the coroner’s courts. I understand the concerns of the hon. Member for Hammersmith, but his amendment is not necessary, as clause 167 of that Bill will ensure that justice remains open and accessible to the public regardless of how the hearing is conducted.
In addition, it is expected that the rules to govern remote inquest hearings will provide sufficient guidance to ensure that coroner’s inquest hearings remain accessible to the public. The Chief Coroner will provide additional guidance on any law changes, and we expect coroners to follow that guidance.
Amendment 79 proposes to set out in primary legislation the requirement for the Government to review, and consult with relevant stakeholders on, the potential impact of remote inquest hearings before any changes are introduced. To reassure the hon. Gentleman again, let me say that clause 39 only enables the coroner to hold remote hearings. The Coroners (Inquests) Rules 2013 will need to be revised to set out the detail of how remote hearings will operate in practice, and we will seek stakeholder input, including from the Chief Coroner, coroners and the Ministry of Justice-chaired stakeholder forum to ensure that the rules are appropriate. I hope that I have therefore provided suitable reassurance to the hon. Gentleman and I urge him to withdraw the amendment.
Sir John Hayes
I apologise to the hon. Gentleman. What my hon. Friend the Minister has just said is important, because if there is a genuine consultative process of the kind that the hon. Gentleman has emphasised, which I must admit I had not recognised in my earlier remarks, and it involves those groups about which I am particularly passionate and which might be disadvantaged, then, while this legislation enables the things the Minister has described, it will not necessarily mean that they are imposed wholesale. I still think that the hon. Gentleman has done a great service to the Committee by allowing us to have this debate, and it is important that we have done so, but that consultation is critical. Will the Minister give me an absolute assurance that representatives of disabled people and disadvantaged people will be part of this process?
James Cartlidge
I know that my right hon. Friend takes a passionate interest in the subject. I am due to write to him on the position of children in care. I do not think that we have sent that letter quite yet, so I will add to it information about the make-up of our stakeholder group. It is MOJ-chaired and I am sure that it is broad. I cannot tell him who every single person on it is at this moment, but I will try to list for him all the information that I can.
I stand by my point. I think that these measures, just as with other technology, will enhance accessibility for disabled people and many others in society. I would be extremely surprised if, in future, any Government were to wind back this measure, even a Labour Government.
James Cartlidge
I had finished my speech—for the second time. But it is only fair that I rewind in order to give way.
Janet Daby
Will the Minister please share with the Committee the information about children in care that is going to be shared with the right hon. Member for South Holland and The Deepings?
Andy Slaughter
I thought for a moment that the right hon. Member for South Holland and the Deepings was rising to indicate which of the amendments he is going to support, but we will see. They are all good amendments. I will not trouble the Committee by putting them all to the vote, but with all due respect to the Minister I do not think that the case for them has been rebutted.
The failsafe is in amendment 75, which states that the agreement of families must be secured before an inquest is conducted remotely. The Minister said in an earlier discussion that that could be used obstructively in some way, but I think that the chances of that are vanishingly small. I regret to say that there are cases—I may come on to this in the clause stand part debate—where the coroners have not been entirely sympathetic to the wishes of families. We respect their right to run their own courts and they have wide discretion about which evidence is heard, but it is giving all the weaponry to the coroner and perhaps a bit of a brake needs to be left with the family.
I will mention amendment 76, too, because considering the ability of interested persons to deal with the hearing is crucial. I will not push that to a vote and I accept what the Minister has said about these being matters to which he has regard. I hope that they will appear in guidance, because I have concerns about the double whammy of someone not being in a position to articulate their views and being further discriminated against by a remote hearing in which they are unable to take part.
I will press amendment 79 to a vote. The Minister conceded, I think, that there is no evidence here and we are taking a bit of a leap in the dark. It is reasonable that more investigation is needed.
James Cartlidge
Has there been—I will double-check with my officials—exhaustive, detailed analysis of the impact of remote hearings on bereaved families? To my knowledge, there has not yet. If that is not correct, I will come back and correct the record. However, I have said how extensive the use of remote technology has been during the pandemic, and I am not aware of a lot of negative feedback from families or vulnerable users who are somehow disadvantaged by it. If that is the case, however, I will be happy to clarify that. All I have heard is that delivering greater use of cloud video technology, particularly in other jurisdictions such as tribunals, has greatly aided the ability to keep justice going in very trying circumstances.
Andy Slaughter
I hear what the Minister says. This is not making the best the enemy of the good: we have got through, and Zoom and other methods have been a great help during covid, but most of the Zoom, Teams and other meetings that we have taken part in have been professional meetings and even then, I am afraid, some colleagues—probably myself on some occasions—struggle with the technology. Most of the parties to an inquest will be professional—we made this point in relation to our new clauses—but some people will struggle, and it may not be entirely apparent that they are struggling. That is my point. I pray in aid the comments of the Bar Council. On the whole, it has been reasonably sympathetic to what the Minister is trying to do, but it says of clause 39 that
“it is our belief that this measure should not become law without thorough research, evaluation and consideration of the impact on the administration of justice and justice outcomes.”
I think that must be right. We are not opposing the clause, but before we go ahead and support it, we are asking to have the consent of the parties, including the families, and further evidence. I will not press amendment 74 to a vote, but I will press amendments 75 and 79.
Amendment, by leave, withdrawn.
Amendment proposed: 75, in clause 39, page 51, line 10, at end insert—
“(2C) Coroner rules that provide for the conduct of hearings wholly or partly by way of electronic transmission of sounds or images must provide for all interested persons to have to give their agreement to the conduct of hearings wholly or partly by way of electronic transmission of sounds or images.”—(Andy Slaughter.)
The purpose of this amendment is to ensure the agreement of families is secured before an inquest is conducted remotely.
James Cartlidge
Before speaking to the clause, I just want to reflect on something interesting. When we discussed the first clause in relation to coroners, I mentioned the point about the backlog, which is very important. My concern, however, is that we are being criticised about the backlog, but whenever we propose practical measures to streamline the judiciary and bring efficiencies, the Labour party’s response is lukewarm at best, if not voting specifically against them.
I gave the earlier example of the oral questions about the Cart JR cases. Many hundreds of cases are heard by High Court judges and, as Members will know, High Court judges can also sit on the most serious criminal cases in the Crown court. We have measures in this Bill that free up 400 sitting days in the Crown court. The hon. Member for Hammersmith has actually acknowledged that the backlog in coronial courts is being causes by covid. If we were not to press ahead with these clauses, it would be far harder to deal with that. At some point, we must move from recognising that there is a problem, as we do, to bringing forward positive actions, as we are.
On clause 39, as the Committee will be aware—we have debated this previously—courts and tribunals have moved the bulk of their proceedings online, which has been a vital step in ensuring that justice continues in the midst of the covid-19 pandemic and the subsequent safety measures put in place.
Current legislation provides that coroner hearings must be held in public. This provision clarifies how that requirement can be met, permitting rules to be made to allow hearings to be wholly or partly conducted remotely by audio or video. Indeed, the clause will amend the current regulation and allow hearings to take place where all participants, including the coroner, will be able to participate remotely. Wholly remote hearings are already allowed in mainstream courts and tribunals, so this clause merely brings coroners’ courts into line with them.
It is also intended that this provision will provide coroners with additional capacity as they mitigate the impact of covid-19 and implement their recovery plans. In many coroners’ courts, this includes addressing a backlog of complex and non-complex jury cases. This is the key point: I accept the concerns of colleagues, but we must do something practical if we are to address the backlog. That is why we have these measures, and by doing that, we will relieve some of the stress and anxiety for the families whose loved ones have perished and resulted in these sorts of backlogged cases.
Sir John Hayes
I do not want to labour this point, but it is safe to say that the Minister is absolutely right. It is a matter of balance, which is essentially what he said, but there is an argument for improved practices. He made a profound point earlier about the fact that for somebody with mobility issues, who might not be able to easily get to a hearing, online and audio communication can be beneficial. My case was for other kinds of people—perhaps those with learning difficulties, hearing loss, visual impairment, and a number of others. The Minister has been sensitive to that. There is a balance to be struck, and that is a case that this whole Committee is agreed on.
James Cartlidge
I am grateful to my right hon. Friend. That is an ideal note to conclude on, because this is about striking a balance. I would just add that this measure also complements a provision in the Police, Crime, Sentencing and Courts Bill that, if implemented, would allow the media to access coroners’ court proceedings remotely. I therefore commend clause 39 to the Committee.
Andy Slaughter
I know that we want to make some progress, but I will make a few additional comments in response to the Minister, because this is an important clause, and the right hon. Member for South Holland and The Deepings has put his finger on the issue. None of us is against speeding things up, making things more efficient or allowing more options for the ways in which proceedings can be dealt with, but the corollary has to be that we provide protections and avoid unintended consequences that may be harmful to participants and may mean that justice is not done.
The aim of clause 39 is to make provision for pre-inquest reviews and inquest hearings to be conducted wholly or partially remotely, with all parties, including the coroner and jury, participating remotely, but with the jury present in the same place. Currently, the coroner and the jury—if there is one—must be physically present in the courtroom, and the law does not allow fully remote juries. This clause fails to adequately address the needs of bereaved family members; does not provide a guarantee that remote inquest hearings will continue to be in public; and has been introduced with insufficient research and evaluation.
In the criminal justice context, the organisation Justice has piloted fully virtual jury trials. Independent academic analysis concluded that with careful consideration and adaptation, such trials can be fair and may have some benefits over short and straightforward traditional jury trials, such as improved sightlines for jury members. However, while we support the principle of increased use of technology in the form of remote proceedings for certain situations in the justice system, this cannot apply without restriction across the justice system, and must be implemented with caution and with appropriate safeguards.
Let me give an example in which a remote hearing failed to safeguard a family. Chris died after suffering cardiac arrest on 24 March 2019. Chris had been sectioned under the Mental Health Act 1983 and was under the care of Pennine Care NHS Foundation Trust. The inquest into his death took place in April 2021, and was deemed an article 2 inquest and was conducted with a jury. Following that inquest, Chris’s family wrote to the local senior coroner to highlight the challenges they faced due to the remote technology used at the inquest. There were two main issues. First, Chris’s family saw a witness who was giving evidence remotely and representing Pennine Care
“laughing and pulling faces with a colleague”
on their screen. This came just after another member of staff gave evidence concerning the failure to observe Chris properly while he was sleeping. Secondly, the family accidentally saw CCTV footage of Chris’s last hour, which was to be used by another witness. Unsurprisingly, the family found those moments very distressing and wrote to the senior coroner to
“ensure relatives of the deceased are not put through unnecessary additional distress”.
Clause 39 also proposes introducing remote juries to inquest hearings, which is justified on the basis that it would bring coroners’ courts in line with other jurisdictions where it is presently an outlier. However, clause 168 of the Police, Crime, Sentencing and Courts Bill, which has been referred to, would introduce remote juries in criminal trials. That clause is still under consideration in the Lords, and prompted a joint briefing from the Bar Council and the Law Society raising “wide-ranging” concerns that included
“the risk of alienating juries and/or witnesses; ensuring security of proceedings (both in terms of the privacy of the process and individuals, and data privacy); additional expense to the taxpayer; the requirement of new technology and IT systems; and the associated issues arising out of these aspects”.
For families, this brings the additional challenge of them being unable to witness a jury’s reaction to evidence being heard. Lawyers from the Inquest Lawyers Group have spoken of inquests they have sat on where the jury has sat in a separate room to the coroner, watching the hearing via video link. In more than one instance, lawyers have reported seeing members of the jury sleeping and eating without the coroner having any knowledge. That type of situation would be very hard to prevent if the proposals in clause 39 are enacted.
Inquest hearings can have a uniquely distressing impact on bereaved families. The process, which involves hearing details about an individual’s last moments before death, can have a retraumatising effect on families. Clause 39 will make it more difficult for many families to separate the distress of the inquest hearing from their personal lives.
We are also concerned that families engaging in the inquest process remotely will be unable to access in-person support from charities such as the Coroners’ Courts Support Service. In the Justice Committee’s inquiry into the coroners’ service, the Chief Coroner emphasised the critical role played by Coroners’ Courts Support Service volunteers in meeting families and ensuring that they are not by themselves. Justice Committee members picked up on that point and made recommendations to make the service more widely available. The Bill’s provisions, rather than strengthening those services, would roll them back.
Despite the distress, frustration and pain that can be caused by the inquest process, bereaved families go through it to understand the circumstances of their family member’s death, and to bring to light harmful practices with a view to preventing similar deaths in future. I am concerned that remote hearings may disconnect families and key witnesses from that important process, which serves a wider public interest.
We are not against the further introduction of new technology; in some circumstances, such as pre-inquest hearings, it clearly seems appropriate. We have serious reservations about remote hearings for full inquests, but we accept that that can be mitigated. The problem with the way in which the Government have handled the matter in the Bill is that they have not offered those mitigations. They are putting all matters into the hands of the coroner. Of course, there must be judicial discretion, but they need to go further. We hope that the Minister in the other place will table amendments to improve the provisions and mitigate against the possible harmful effects of remote hearings, and perhaps then we will be delighted to support the clause. For present purposes, however, we will vote against clause stand part.
James Cartlidge
Very briefly, I believe that the clause adds flexibility. It is important that we have the ability to hold such hearings remotely. As I have said, it joins up with how hearings have been happening in other jurisdictions, particularly in tribunals and so on. If the hon. Gentleman has such concerns, does he believe that we should no longer be holding tribunals or other types of hearing remotely, such as for the family court? They have been of real benefit to this country during the pandemic.
Of course, such things should be done sensibly. Perhaps it is a question whether the glass is half full or half empty in terms of trusting in the discretion of the judiciary. My view is that, in the face of the significant backlog that we have and the need to take measures to deal with it, not introducing the provisions would be a regressive step.
Question put, That the clause stand part of the Bill.
James Cartlidge
Eighteen months ago, at the height of the pandemic, the Government introduced the Coronavirus Act 2020, which formed the foundations of our approach to combating the pandemic. The classification of covid-19 as a notifiable disease in England meant that any inquest into a death where the coroner had reason to suspect that the death was caused by covid-19 would have had to take place with a jury. There would have been significant implications for the coronial system, as current legislation requires a coroner to hold a jury inquest where the coroner has reason to suspect that the death was caused by a notifiable disease. With covid-19’s high mortality rate and high infection spread rate, there were concerns about the resource implications for coroner workloads and coroner services if coroners were required to hold jury inquests into such deaths.
Section 30 of the 2020 Act was therefore implemented to disapply the requirement that coroners conduct an inquest with a jury where the cause of death was suspected to be covid-19. Anecdotally, we have heard from coroners that section 30 has ensured that stretched coroner services were not overwhelmed when they could have been under considerable pressure. Clause 40 of the Bill therefore ensures continuity after the 2020 Act “sunsets” in March 2022.
It is important to stress, however, that coroners will still be able to conduct an inquest with a jury where covid-19 is suspected as the cause of death where they think that there is a good enough reason to do so. And this clause does not change the legislation concerning other notifiable diseases; coroners are still required to hold an inquest with a jury where another notifiable disease is suspected to be the cause of death.
This clause is intended to support the coronial system as it looks to post-pandemic recovery. Coroners’ courts are moving ahead with scheduling outstanding inquests, which have built up over the pandemic in some places. This provision removes the added pressure of scheduling inquests with a jury where that would be seen as an unnecessary process. Should there be future outbreaks of covid-19 with high mortality rates, this measure will ensure that the coronial system is not overwhelmed with jury inquest cases.
Finally, I note that this is a temporary measure, which will be reviewed and extended after two years by the Lord Chancellor via delegated power. I urge that clause 40 stand part of the Bill.
Andy Slaughter
I will take my lead from the right hon. Member for South Holland and The Deepings on this matter. I think that this is a good example of a practical measure and there are sufficient safeguards to allow jury inquests to continue where necessary, so we do not intend to oppose it. Clearly, one would not wish to restrict unduly, and certainly not against the interests of justice, the opportunity for jury inquests, but I think that the way in which the clause is set out and the stages that are gone through ensure that that will be possible and that there is unlikely to be any miscarriage on those grounds.
Question put and agreed to.
Clause 40 accordingly ordered to stand part of the Bill.
Clause 41
Phased transition to new coroner areas
Question proposed, That the clause stand part of the Bill.
James Cartlidge
Clause 41 is intended to support the objective of the Government and, more recently, the Chief Coroner to merge coroner areas where the opportunity arises in order to improve consistency of coroner provision and standardise practice. In essence, clause 41 will enable coroner areas within a local authority to be merged by order of the Lord Chancellor where the new coroner area would not be the entire local authority. Before 2012, there were 110 coroner areas in England and Wales. Through coroner area mergers, we have brought that number down to 85, and our long-term objective with the Chief Coroner is to reduce it further to around 75 coroner areas. It is intended that this clause will make it easier for coroner areas to merge.
The clause also meets one of the Justice Committee’s recommendations in its inquiry report on the coroner service. The Committee acknowledges that reducing the number of coronial areas has helped to increase consistency across the coroner service. Implementing the clause will ensure that merger opportunities can continue to be progressed. I urge that clause 41 stand part of the Bill.
Andy Slaughter
There is a very helpful example on page 50 of the explanatory notes as to how this would work, for anybody who has any concerns about it. It seems to be administratively sensible and tidy. I cannot do any better than to raise the concerns of a member of the Bar Council who said that this is all well and good provided it does not result in fewer coroners, deputy coroners and deputy assistant coroners covering greater areas. Can the Minister give us that assurance? We have no other points to make or objections to the clause.
James Cartlidge
To be completely transparent, the purpose of the clause is to allow some very specific mergers to happen. If implemented, there will be an immediate benefit in allowing Kent County Council to progress the merger of its current four areas into one coroner area. Kent is currently unable to achieve this because current legislation does not allow two coroner areas to be merged if the merged area will be less than the area of a local authority. The clause has a very practical justification. We do not see any significant impact in the way the hon. Gentleman describes.
Question put and agreed to.
Clause 41 accordingly ordered to stand part of the Bill.
Clause 42
Abolition of local justice areas
Alex Cunningham (Stockton North) (Lab)
I beg to move amendment 96, in clause 42, page 52, line 34, at end insert—
“(7) Before introducing the changes outlined in section (1), the Secretary of State must consult with relevant stakeholders on the impact of the proposals.”.
This amendment would require the government to consult on the abolition of local justice areas before any changes are introduced.
It is a pleasure to serve under your chairmanship, Mr Rosindell. We are now debating chapter 5 of part 2 of the Bill, which covers local justice areas. Before I get into the detail of the amendment, I too have reflected on our attitude and approach to the Bill, and I think the Minister has been slightly unkind in thinking that Opposition Members had some sort of ulterior motive in proposing what we have along the way. I reassure the Minister and the Committee that our entire agenda has been to ensure that anything the Minister proposes is workable and protects people, including the most vulnerable and the elderly—[Interruption.] I am not implying that the right hon. Member for South Holland and The Deepings is elderly, but he has made the point in the past that we need to protect the elderly, and the Opposition also want that. It is important that the Minister understands that we want a more efficient court system as well.
I was also reflecting on what the Minister said this morning when he was trying to justify the growing crisis, particularly in our Crown courts. He tried to claim that, prior to covid, things had improved, in terms of the number of cases before the courts and the efficiency of the system. In fact, in 2010, we had more police, more charges and more cases before the courts. However, the crux of the matter is the actual statistics relating to how efficiently cases were dealt with. In 2010, it took 391 days, on average, for a case to come through the court system, from charge to completion. In 2019, it took 511 days, on average, for a case to pass through the Crown courts, which I think illustrates that, while there were fewer cases, they were taking longer to go through the court system. As my hon. Friend the Member for Hammersmith said, that reflects the huge cuts we have seen to the Ministry of Justice since 2010. Perhaps, had it not been for those cuts, that average would in fact have come down, as there were fewer cases in the system.
Clause 42 will abolish local justice areas. Organisations across the sector have raised a number of potential issues that this would cause, which I am interested to hear the Minister’s thoughts on. I understand it was the Government’s intention that, in place of local justice areas, all magistrates and magistrates courts will be put into one national justice area covering England and Wales, as recommended by Lord Justice Auld’s 2001 review of the criminal justice system, in order to facilitate listing. That proposal is now 20 years old and has not been updated, nor is it supported by additional research in that time, so why would the Government want to rely on that information now?
I am aware of Sir Brian Leveson’s 2015 review of the efficiency of criminal proceedings in England and Wales, in which he supported further steps to unify the criminal courts, although he did not mention anything about abolishing local justice areas. The Government’s explanatory notes to the Bill state that the proposal will
“provide the courts with the freedom and flexibility to manage their caseloads more effectively and ensure that cases are dealt with sooner and in more convenient places.”
More convenient for whom? There is a long-held principle in this country whereby justice is expected to be done for a local community by members of that local community.
I recall my visits earlier this year to Hartlepool, where residents feel strongly that they should have a local court to dispense justice in their own town. Indeed, during the by-election Conservatives promised local residents that they would restore local services that had been cut. Just a few weeks later in a written answer to me, the Minister’s predecessor confirmed that they would not even consider reopening the magistrates court that had been closed by his Government in 2017. Local residents were extremely disappointed and felt cheated. Will the Minister reconsider opening the Hartlepool court to help reduce the backlog across Teesside and beyond—local justice areas or not?
The Opposition are worried about the impact of a curtailment of local justice, which is proposed in the Bill. Transform Justice explains:
“Magistrates are representatives of the people and must have a connection to the area in which they sit. An applicant to the magistracy must currently live or work in their local justice area, so they understand the area, its crime trends and its people. All magistrates are members of a bench made up of other magistrates local to that area. The abolition of local justice areas is likely to lead to a diminution of local justice, including a weakening of the links benches currently have with local criminal justice agencies.”
How does the Minister suggest we maintain this local community link? Is he content for magistrates to be parachuted into local courts from across the country or for cases to be listed who knows how many miles away from where defendants, victims and witnesses live?
Transport Justice raised the issue that the proposals would diminish the independence of the magistracy. It says:
“Magistrates have historically retained an independence from the paid judiciary and governed themselves through democratic processes. They have managed their own ongoing training and disciplinary processes. All leadership roles have been subject to democratic election by peers.”
While the Government’s proposals are scant on detail, it seems that these democratically elected posts will be abolished and that the functions carried out voluntarily by the magistrates will be taken over by court staff and paid judges. Have they not got enough to do? Do the Government foresee that leading to a diminishment of the magistracy’s independence? Will this hand over some of their responsibilities to the senior judiciary? Transform Justice believes:
“Given magistrates’ status as members of the community and ‘representatives of the people’, and their expertise in management, this is not appropriate.”
I worry that the role of magistrates as dispensers of justice from the community will be lost, with all the benefit that that entails.
Why has the proposal been changed slightly since the Prisons and Courts Bill of 2016-17? Under that Bill, which fell with the announcement of the 2017 general election, the Government had exhaustively set out consequential modifications and repeals in a schedule. Under this Bill, the Lord Chancellor would be given a power, exercisable by regulations, to
“make consequential or supplementary provision in relation to the abolition of local justice areas.”
That includes the power to amend, repeal or revoke provision made by or under Acts of Parliament. This is another Henry VIII clause.
On Tuesday, the Minister smiled time and again when I talked of a Government power grab—I think he is probably smiling behind his mask again—and they are at it again. This measure has an impact on witnesses, defendants and victims, of course, as well as the families of all those people. Regulations that amend or repeal any Act of Parliament would remain subject to the affirmative procedure. Otherwise, regulations are made under the negative procedure and do not require prior parliamentary approval. Will the Minister explain why this change was made? Surely it removes helpful accountability and scrutiny mechanisms.
James Cartlidge
I appreciate the various questions from the hon. Gentleman. The key point in his amendment is consultation. Specifically, the amendment proposes to set out in primary legislation a requirement for the Government to consult with relevant stakeholders on the abolition of local justice areas before any changes are introduced.
The hon. Gentleman asked how I feel about consultation. To be clear, on Monday I held a meeting to which I invited all MPs who are or have been magistrates to talk about elements of the Bill. I am pleased to say that a group of colleagues did come—unfortunately, from only one party, but MPs from all parties were invited. Of course, those who did not attend will have had a very good reason. The point that I am making is that I have personally engaged with MPs who are magistrates, or were until they were elected. It was a very interesting conversation. I note that, just as I talk about MPs who are or have been magistrates, my parliamentary private secretary, my hon. Friend the hon. Member for Hertford and Stortford, has entered the Committee Room, and she is of course a magistrate herself.
It is fair of the hon. Member for Stockton North to raise the point of consultation, because of course magistrates are a very important part of the voluntary judiciary, we might say. I recognise the herculean task that they faced to deal with the backlog that arose in the pandemic. The position of the magistrates courts is far more up to speed than it was, although further work needs to be done, which is why the Bill contains several measures to assist with that.
Clause 42 will create a more flexible and unified criminal court by removing local justice areas, which currently restrict work and magistrates from being moved easily between courts. It will also provide the opportunity to improve and enhance the leadership structures of the magistracy. The removal of local justice areas will mean that the current inflexible arrangements for the organisation of magistrates and magistrates courts’ business will be removed from primary legislation. The detail of such arrangements will instead be non-statutory, by way of a protocol to help to ensure greater flexibility and close alignment with the Crown court arrangements. It will mean that arrangements that are specific to local areas and better suited to local needs will be discussed and agreed with the relevant criminal justice and local authority partnerships, in effect moving away from the statutory model to the one that operates in a Crown court.
Our hope is that that leads to much better working between the Crown and magistrates. I am sure that all colleagues recognise that that relationship is absolutely fundamental to the criminal justice system. I said earlier that the common thread in the Bill was streamlining. For example, clause 11 will see more cases remitted from the Crown court to the magistrates court, freeing up—by our estimate—about 400 days in the Crown court. If people see the big picture of better operational working between Crown court and magistrates, that is another very specific and tangible point within the aim of dealing with the backlog and streamlining justice.
Alex Cunningham
The Minister has made a good start to answering my concerns around this particular area with talk of the protocol. However, we all talk about travel-to-work areas, so would he care to comment on travel-to-justice areas and say how far he might expect people to travel for justice when his new protocol is brought into place?
James Cartlidge
Just to be clear, ensuring that magistrates are assigned, wherever possible, to what we would call a home court, near to where they live, is and will remain an important consideration under the revised arrangements. However, there are a number of advantages in allowing magistrates to work across courts, including the sharing of best practice, maintaining a wide and varied case load, and developing skills across a range of competencies.
Return to the amendment and consultation, the Lord Chancellor and Lord Chief Justice already have a statutory duty, under section 21 of the Courts Act 2003, to ascertain the views of lay magistrates on matters affecting them. Magistrates will still be assigned to a home court, as I just said, and ensuring that that court is as close to where they live as possible will remain an important consideration under the new arrangements. However, they will have the flexibility to work in other courts, should they wish to do so.
Ultimately, it will be for the Lord Chief Justice and the judiciary to determine what new arrangements are to be put in place and to what extent they will differ, if at all, from the current ones. Such changes have always been made in consultation with local criminal justice partners, including magistrates, and that will continue to be the case.
Therefore, I hope that the hon. Gentleman is reassured that magistrates and other relevant stakeholders will be fully consulted as any proposals are developed, to ensure that local business needs are met, and I urge him to withdraw his amendment.
Alex Cunningham
I can be brief. The Minister talked about the protocol and the role of the senior judiciary in determining guidance, perhaps, for decision making in this particular arena. My concern remains around the potential impact on victims, witnesses and defendants, who may well be required to travel greater distances in order to access justice.
However, on the basis of what the Minister has said, I am content to withdraw the amendment, although I hope that he continues to consider travel distances for people involved in the justice system, victims in particular. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
James Cartlidge
It is a very fair question on journey times. Ironically, it has to be said, it comes after a debate about the benefits of remote hearings and so on, although admittedly that was in the context of the coronial courts. However, in terms of local justice, travel needs for victims and so on, it was a perfectly good point.
On the contrary, however, with these measures, greater flexibility in the allocation of resources will increase the opportunities for ensuring that cases are dealt with fairly and efficiently in the most appropriate location for the individual case. This may be at the location closest to the victim and witnesses, or indeed at a location far enough away from a specific area that causes fear for a victim or witness. Basically, there is more flexibility because we move out of, as it were, the statutory defined geography. That is very much our intention.
Clause 42 will help to create a more unified and flexible court system, by removing the requirement that magistrates court systems in England and Wales are divided into separate local justice areas. The boundaries between local justice areas currently restrict both work and magistrates themselves from being moved easily between courts in different local justice areas. Changes to the court estate and transport infrastructure mean that the court within a local justice area may no longer be the nearest or easiest court for court users to travel to. Consequently, cases are not always heard at the earliest opportunity or at the most convenient court location. Court staff are frustrated that they cannot cut waiting times for court users by transferring cases to a court in a nearby local justice area with an earlier listing date. Removing those restrictions will give courts greater flexibility to ensure that cases are dealt with quickly and in the most appropriate location.
This provision will enable the creation of a single magistracy and a new set of principles for deciding how work and magistrates are allocated. Proximity between the courthouse and the offence will remain the primary consideration, but it will allow the taking into account of other factors, such as convenience for victims and witnesses or the relative speed at which a trial can be arranged. That is of course very important in the current context, in which we have to be frank and open about the challenge of dealing with the backlog. Magistrates will still be assigned to a home court, and ensuring that that is as close to where they live as possible will remain an important consideration. However, they will have the flexibility to sit in other courts should they wish to and should the need arise.
This provision will require putting in place the replacement organisation and leadership arrangements and a great number of minor consequential amendments to legislation to remove and replace references to “local justice areas”. The amendments will be made by an affirmative resolution statutory instrument where any primary legislation is to be amended, so Parliament will be able to scrutinise the legislation. The removal of local justice areas will provide the courts with the freedom and flexibility to manage their case loads more effectively, and will ensure that cases are dealt with efficiently in the most appropriate location, reducing delays and inconvenience for court users.
Sir John Hayes
As the Minister began speaking, I thought, “This is another provision of the Bill I don’t agree with,” but as he went on, I became, once again, reassured.
One of the greatest mistakes that we have made in recent years is the closure of local magistrates courts. When I was the first Member of Parliament for South Holland and The Deepings, which was not in the mists of time, contrary to what the hon. Member for Stockton North implied a few moments ago, we had a local tax office, a local driving test centre, a local magistrates court and all kinds of other facilities rooted in communities. Over the succeeding years, those things have been stripped out—a huge error by successive Governments. Community is fundamentally important to the sense of worth and value and the connection between communities; and local justice is a really important part of that.
The Minister will know that the tradition of magistrates—in fact, the essence of the magistracy—was that these were people sitting in their locality, exercising justice about their locality. I was reassured when he said that magistrates would continue to be linked to a locality, but would have the freedom, the opportunity, to travel further. He also emphasised that convenience for victims and others—witnesses and suchlike—would be at the heart of the change. He has reassured us once again and persuaded me that what I thought initially might be a poisonous idea is actually anything but.
James Cartlidge
I am grateful to my right hon. Friend. He will know that the origin of local justice areas—I believe—was in the petty sessions, which was the previous way of organising. There is considerable history here. What we are looking for is more efficiency but, as my right hon. Friend says, to balance that against maintaining the local link. I think we can have that balance. For very good reasons that touch on crucial matters about where we are with our justice system, we have to have a more efficient system. It is frustrating if a case cannot be moved from one magistrates court to another, when it should be moved, because of arbitrary geographic boundaries. That is why we are bringing in the measures, and I urge the Committee to support clause 42 standing part of the Bill.
Sir John Hayes
I was going to make another intervention, but the Minister has concluded his speech, so I have a chance to amplify my point at rather greater length. I wonder whether my hon. Friend, mindful of what I just said, would allow us here, as a group, to begin a campaign to reopen some local magistrates courts. Why on earth would we not want to do that? Why do we assume that there is a single destination, some predefined place, to which we are all headed? We have heard the nonsense about progress once or twice during our deliberations as if somehow we are just acting out a script, but history is not predetermined. We are not fascists or Marxists who think that there is a great plan and we are all mere players performing, so let us have some more local magistrates courts, in the spirit of this provision of the Bill. The additional freedom and flexibility that my hon. Friend described seems to be welcome. However, I think that there are several localities where justice is exercised a very long way from local people. That is particularly true in rural areas, such as the one I represent. In rural Britain, let us take advantage of our 80-seat majority and do something boldly imaginative.
Alex Cunningham
First, I want to reassure the right hon. Member for South Holland and The Deepings that I could never refer to him as an old man because he is, in fact, three years my junior. The Minister heard my points and those made by the right hon. Member for South Holland and The Deepings about local magistracy. It is very important and I am supportive of that. Hartlepool is one of the better examples of a court that could be operating. It is sitting there doing nothing, yet we still have real issues on Teesside.
James Cartlidge
I concur. Being a magistrate is a difficult and important job and we should always remember that magistrates are volunteers. As far as my right hon. Friend the Member for South Holland and The Deepings is concerned, it was appropriate for me not to give way so that I could give him the opportunity to festoon us again with one of his oratorial masterpieces, albeit relatively micro in the context of some of his recent performances. My right hon. Friend was petitioning to avoid either being trapped into Marxism or anarcho-fascism, I think it was. I hope that is not the direction we are taking.
On magistrates courts and other courts, we must look at what is happening in practice. I do not know the facts on Hartlepool. I enjoyed my visit there, not least the result obtained in electing a brilliant new Member to this place. However, on Monday, I visited Loughborough, where we are opening a brand new courtroom in the magistrates court. That is no minor detail. The courtroom cost £2.5 million and it is there for a good reason. With social distancing, the hardest cases of all to dispose of are some of the most serious: multi-defendant cases. The case that was to be heard the day I went there was a nine-handed murder; that is, nine defendants. They are generally gangland-related cases.
We have opened another super-court in Manchester, so we are opening courtrooms. We have invested in Nightingale courts and, crucially, we have brought courtrooms on existing estates back into use by easing social distancing restrictions. I recently visited Snaresbrook, which is one of the largest courts in the whole of Europe, where rooms are being brought back into use.
One reason why we have not been able to use as many rooms is that with social distancing restrictions and particularly with multiple defendants—but even in small rooms with a jury—we have had to use entire courtrooms as jury deliberation rooms, as is the case in Birmingham Crown court. The impact has been huge and that is why we have been opening new rooms where appropriate and where it has helped us reduce the backlog. I have gone through the detail of the clause. It is an important measure; it balances localism with flexibility and, therefore, the greater efficiency we seek if we are to address the backlog and improve the day-to-day experience of our constituents in the courts.
Question put and agreed to.
Clause 42 accordingly ordered to stand part of the Bill.
Clause 43
The Mayor’s and City of London Magistrates’ Court: removal of duty to provide premises
Question proposed, That the clause stand part of the Bill.
James Cartlidge
This clause seeks, as part of a new structure for providing court buildings in the City of London, to remove an obligation in statute requiring the City of London Corporation to provide county court capacity at its current location in the Mayor’s and City of London court. Her Majesty’s Courts and Tribunals Service and the City of London Corporation have reached an agreement on a scheme where the ageing Mayor’s and City of London court, and the City of London magistrates court in clause 44, will be replaced by a new, purpose-built 18-room courthouse on Fleet Street. The new courthouse will significantly improve the quality of court provision within the square mile and strengthen our justice system. The new court is scheduled to be operational in 2026; in the meantime, the existing courts will continue to operate and business will not finally transfer until the new court is fully operational. The existing duty to provide the Mayor’s and City of London court would be removed and replaced by obligations under a contractual lease arrangement. I hope that that reassures colleagues, particularly my right hon. Friend the Member for South Holland and The Deepings, that we are bringing forward new court rooms.
Andy Slaughter
I used to attend Mayor’s and City quite often and, in previous years, the City of London magistrates court. They were extremely well appointed and rather luxurious by the standards of most of the courts of state. I hope that will be replicated in the new court.
James Cartlidge
I am happy to say these will be state-of-the-art courtrooms with very high eco ratings, which I am sure the hon. Gentleman will agree is extremely important. They will bring on stream new additional Crown court rooms, which is particularly important in the context of the backlog.
Question put and agreed to.
Clause 43 accordingly ordered to stand part of the Bill.
Clause 44
The City of London Magistrates’ Court: removal of duty to provide premises
Question proposed, That the clause stand part of the Bill.
James Cartlidge
The clause seeks, as part of a new structure for providing court buildings in the City of London, to remove an obligation in statute requiring the City of London Corporation to provide magistrates court capacity in its current location in the City of London magistrates court. The new purpose-built replacement courthouse will significantly improve the quality of court provision in the square mile and strengthen our justice system.
Question put and agreed to.
Clause 44 accordingly ordered to stand part of the Bill.
Clause 45
Regulations
Question proposed, That the clause stand part of the Bill.
James Cartlidge
The clause is standard in any Bill containing delegated powers, and simply sets out that any regulations made under the future Act will be made by statutory instrument. That would include regulations arising from the online procedure rule committee. The delegated powers in the Bill are set out in the delegated powers memorandum, which is published on parliament.uk and available for all members of the Committee to read, which I am sure they will do this evening. A number of those powers have been debated in previous Committee sittings. I do not propose to go into them again now, but I assure Members that there is a well-established legal framework in relation to practice and procedure in courts and tribunals, which is relevant for the powers taken in this Bill.
Question put and agreed to.
Clause 45 accordingly ordered to stand part of the Bill.
Clause 46
Extent
Question proposed, That the clause stand part of the Bill.
James Cartlidge
The clause clarifies the territorial extent of the Bill, which is also set out in the explanatory notes published alongside the Bill. In summary, the Bill extends to England and Wales only, with the following exceptions: one of the criminal court measures introducing an automatic online conviction as standard statutory penalty procedure will involve consequential amendments for Scotland and Northern Ireland. The online procedure rule committee measures relate in part to the UK with regard to the first and upper-tier tribunals; in part to England, Wales and Scotland with regard to employment tribunals; and in part to England and Wales only. The employment tribunal measures extend to England, Wales and Scotland.
Responsibility for employment tribunals in Scotland is due to transfer to the Scottish Government following the Government’s acceptance of the recommendations of the Smith Commission. Until that happens, the rule-making committee would have rule-making powers for the employment tribunal and employment appeal tribunal in England and Wales and the equivalent tribunals in Scotland.
With regards to removing Cart, as I have said, the unified tribunal system is a reserved matter where it relates to matters of reserved policy. Our measures on Cart will apply to the whole of the UK, but only in respect to the matters heard in that tribunal system that would fall outside the competence of the Scottish Parliament.
Question put and agreed to.
Clause 46 accordingly ordered to stand part of the Bill.
Ordered, That further consideration be now adjourned.—(Scott Mann.)
Animal Welfare (Kept Animals) Bill (Sixth sitting)
(2 years, 5 months ago)
Public Bill CommitteesRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Committee divided: - Ayes: 7 / Noes: 8 - Question accordingly negatived.
The Committee divided: - Ayes: 6 / Noes: 9 - Question accordingly negatived.
Daniel Zeichner (Cambridge) (Lab)
I beg to move, That the clause be read a Second time.
New Clause 19 would require that the Secretary of State conducts a review of the keeping of exotic pets in England, including examining the need for prohibition, licencing or registration for certain exotic animals. Such a review cannot come quickly enough. The Royal Society for the Prevention of Cruelty to Animals reports that it is treating an increasing number of exotic pets each year. In 2020 alone it received 6,119 reports relating to exotic pets, which in total involved 22,865 animals. Because there is a lack of licencing or registration requirements for exotic animals, we do not have an accurate estimate of how many are present in the UK. However, given these lax regulations, their increased prevalence in the UK is a cause for concern.
Exotic animals are not cats or dogs; they are wild animals with often highly complex natural history and incompletely understood welfare needs. Caring for these animals requires a high level of expertise, which, sadly, is not possessed by all exotic pet owners. As a result, exotic animals kept in domestic settings too often experience pain and suffering. Many species have not evolved to survive in the UK and so require artificial light and heat to keep them healthy, but the necessary information and equipment is often variable in quality or unavailable to domestic owners. Diets are often poorly understood, with animals fed the wrong types of food, leading to malnutrition. Enclosures can be too small and do not allow animals to move around and explore, or express other normal behaviours. Some species need to be kept on their own, or with others of their own kind, but, again, this does not always happen, leading to behavioural problems.
The collection of live animals from the wild for the exotic pet trade has led to serious, and in some cases catastrophic, population declines in some species, in addition to the suffering that animals are put through. We feel it is a missed opportunity not to get the ball rolling with the Bill on a set of reforms that would significantly reduce the suffering of thousands of kept animals across the UK. I suspect the Minister will say that there are already provisions to regulate the keeping of exotic animals as pets in the Bill, in the form of the primate licensing system, as hinted at earlier in the discussion, and that there are measures that will allow the system to be expanded to other exotic animals at a later date. We have already touched on this in earlier debates.
New clause 19 would complement that approach, and I commend it to the Minister. It would allow a sensible and reasonable debate about which exotic pets could reasonably by kept with a licence, unlike primates, and which should not be kept as pets at all. We have helpfully added a list that could be considered, based on conversations with the organisations that have to deal with these dilemmas on a daily basis. It is not right that when we have the opportunity to do so, we leave welfare organisations to deal with the problems and dodge our responsibilities. The Government should grasp the nettle.
The Minister of State, Department for Environment, Food and Rural Affairs (Victoria Prentis)
The welfare of exotic pets held in private residences is already protected by the Animal Welfare Act 2006. It is an offence to cause unnecessary suffering to a kept animal or to fail to provide for its needs. The Scottish Animal Welfare Commission is currently undertaking a review of exotic pets, and it published an interim report in September this year. The RSPCA and the Born Free Foundation have also recently published a report on this topic.
The Government would be interested in considering a review of exotic pets, but we do not want to duplicate the work that the Scottish Animal Welfare Commission is doing at the moment. We have had its interim report and we want to wait for the full report. We will look thoroughly at that work when deciding what further assessments are needed. We already have the provisions of the Animal Welfare Act and, as the hon. Member for Cambridge alluded to, the provisions in this Bill, so we will have the appropriate regulatory framework when the review concludes. Any future review will take into account all of the evidence, and further regulation might be needed. I urge the hon. Gentleman to withdraw the new clause.
Daniel Zeichner
I am grateful to the Minister for that response, which was pretty much as I anticipated. I do not understand why we always have to go so slowly on everything. I know she thinks she is going at pace—that is the current term—but it seems to us that we could go more quickly. However, I have heard what she says, which confirms what I said earlier in the debate: basically, a general licensing system is being developed. I think we have it the wrong way round, but we will not pursue it any further today. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
The Chair
May I thank those Members who are wearing masks? It is very kind of them.
New Clause 20
Review of Dangerous Dogs Act
“(1) The Secretary of State must carry out a review of the Dangerous Dogs Act 1991.
(2) In conducting the review the Secretary of State must—
(a) review the Dangerous Dogs Act 1991;
(b) take into consideration the recommendations of the Environment, Food and Rural Affairs Select Committee’s 2018 report ‘Controlling dangerous dogs’;
(c) examine the factors behind canine aggression, the determinants of risk and whether the canine breeds prohibited under the Dangerous Dogs Act 1991 pose an inherently greater threat than other breeds; and
(d) consult the public and such persons as the Secretary of State considers appropriate on the Dangerous Dogs Act 1991.
(3) The Secretary of State must, no later than three months from the date on which the review concludes, publish a statement on the future of canine policy.”—(Olivia Blake.)
This new clause would require the Secretary of State to carry out a review of the Dangerous Dogs Act 1991.
Brought up, and read the First time.
Olivia Blake (Sheffield, Hallam) (Lab)
I beg to move, That the clause be read a Second time.
I am both a lover of dogs and a firm believer in science-driven policy. Unfortunately, it is hard to see any credible scientific evidence to support the breed-specific legislation and breed-specific approach taken in the 1991 Act. We have to learn how we go on these issues, but it is clear now that the legislation has failed to deliver what it was designed to do. It has not reduced hospital admissions due to dog bites, has not improved public safety, and not reduced the types of breeds it legislates against.
Between March 2005 and February 2015, the number of hospital admissions in England due to dog bites increased by 76%, from 4,110 to 7,227. The figure rose yet again in 2016 to 7,719. The legislation has led to the euthanising of thousands of healthy dogs. The law does not currently permit prohibited dog types for new owners, regardless of the individual dog’s behaviour, so the only option permitted is euthanasia.
The new clause is in line with the findings of the Environment, Food and Rural Affairs Committee’s 2018 inquiry, which showed that the current dangerous dogs legislation fails to protect safety and can harm animal welfare. The EFRA report recommended instead
“a comprehensive review of existing dog control legislation and policy,”
and spoke of the need for an alternative dog control model
“that focuses on prevention though education, early intervention, and consistently robust sanctions for offenders”.
I am therefore proposing that the Bill be adapted to ask the Secretary of State to undertake a review into the future of this canine policy, so that we might move on from breed-specific legislation to breed-neutral legislation, and have policies that improve public safety and reduce some dog bite incidents.
Victoria Prentis
I agree that we would benefit from improved data collection on dog attack incidents, and I can confirm that we are already discussing with the police how this can best be achieved. We also recognise that more could be done to support responsible dog ownership, which is why we commissioned a review by Middlesex University to look at responsible dog ownership across all breeds of dog. The Middlesex University research will be published very shortly, in December—in just a couple of weeks’ time—and will provide the basis for the consideration of further reforms in this area, alongside the EFRA Committee’s 2018 recommendations.
Turning to the breed-specific elements of the Dangerous Dogs Act 1991, since around 2005, about one in six fatal dog attacks have been by pit bull terriers, despite the prohibitions we have in place, which have significantly limited the number of pit bull terriers in the community. We saw the devastating consequences of a dog attack only last week, with the tragic death of 10-year-old Jack Lis in Caerphilly. We are still waiting for the police to confirm the breed of dog involved in this awful incident and, whatever the upshot of that conclusion, we firmly believe that these restrictions play an important part in our overall approach towards tackling dangerous dogs.
I understand the sincerity with which Members across the House have spoken many times, both privately and in debate, about this difficult issue. We take the issue very seriously. The Middlesex University report will move us further and, in those circumstances, I respectfully ask the hon. Lady to withdraw the new clause.
Cherilyn Mackrory (Truro and Falmouth) (Con)
It is a pleasure to serve under your chairmanship, Mr Davies. I wanted to draw attention to my interest in this new clause, because when I was doing A-level politics, way back when, the Dangerous Dogs Act 1991 was seen as a piece of legislation that had not worked very well. That was in the early to mid-1990s—I am showing my age now. I have paid close attention to it, and the reason it did not work very well was because it did not include cross breeds, which was where all the trouble first started.
Earlier this year, I was able to visit a dogs’ home called K9 Crusaders, on the outskirts of Truro in my constituency. The amazing owner, Sue Smith, looks after typed dogs once they have been taken from their families. I learned a lot about how dogs are often seized from families in the middle of the night, which is quite distressing for the families. I met a dog named Eric, a pure-bred American pit bull—believed to be Cornwall’s very first. He was an absolute beauty—an absolutely gorgeous dog. I was also on the other side of the bars from lots of Jack Russells, crosses and all sorts of other scary dogs, for want of a better phrase.
I am certain that the legislation needs huge reform. I welcome the research that is coming in December. I have huge sympathy for the hon. Member for Sheffield, Hallam and all of her comments. I hope that we can do something in the future, as we advance, but I do not think this Bill is the place to do it. However, I am pleased to hear that the Minister is thinking about it.
Daniel Zeichner
I wish briefly to make the point that we all agree that something needs to be done. We have had debates about it in Westminster Hall and so on, but if we do not do it through this process, it will be very hard to get a legislative slot, which is frequently the explanation given to us. My worry is that there will not be legislative slots for some time to allow this to be dealt with. That is why the new clause is relevant.
Through the extensive discussions we have already had in Committee, a pretty good system has been established for dealing with dogs under livestock worrying. That could quite easily be applied to other circumstances. The Bill goes a long way to dealing with a range of issues to do with dogs. It is a missed opportunity not to finish the piece.
Olivia Blake
I beg to move, That the clause be read a Second time.
New clause 21 deals with microchipping of cats. We heard about cattism earlier in the debate. We tabled the new clause because microchipping is the safe and permanent way to identify an owned cat. Cats Protection’s “Cats and their Stats” report in 2021 found that there are 2.8 million owned cats without a microchip across the UK, which is more than a quarter of all owned cats.
We know there are a multitude of benefits to increasing the number of microchipped cats: it helps reunite more lost cats with their owners; it ensures owners are informed and able to be involved in decisions about their cat’s veterinary care—for example, if they were hit by a car and taken to a vet by a member of the public, which sadly occurs often—it informs more owners and provides closure in the sad event that their cat is fatally injured and scanned for a microchip; it provides easier detection of cats in the event of theft; and it allows for better traceability of individual owned cats should there be a significant disease outbreak such as rabies.
The new clause would help ensure that more of the UK’s cats are microchipped, registered and traceable in the event of an emergency. We have talked a lot about microchipping different animals, and I do not see why the situation with cats should be different from that with dogs.
Victoria Prentis
We absolutely share the hon. Lady’s desire for all cats to be microchipped. My own cat, a former Purr Minister, is himself microchipped. The Government committed in our manifesto, and reaffirmed in our action plan for animal welfare, our intention to introduce compulsory cat microchipping. Around 75% of cats are microchipped, compared with around 90% of dogs.
Our consultation on microchipping ended earlier this year and we received 33,000 responses, which we have been analysing. We will be publishing a summary of the consultation responses and our response to the consultation, by which I mean our plans for the future, within the next couple of weeks—certainly by the end of the year. I am very pleased to confirm that there was overwhelming support for the principle of compulsory cat microchipping.
Daniel Zeichner
Given that we all agree, and that this is a consultation where it is overwhelmingly clear what people want, why do the Government not just do it?
Victoria Prentis
Well, may I carry on? Colleagues may be aware that we have also carried out a post-implementation review of the Microchipping of Dogs (England) Regulations 2015, which we also intend to publish before the end of the year. The review highlights key difficulties—I think Members across the House are aware of them—with the current microchipping regime, including the current operation of the databases, where improvements can definitely be made. We propose to take a little bit longer to get this right, to ensure that the problems that have beset the multiple databases for dogs do not reoccur.
Our intention is to make a new set of regulations next year that incorporate both compulsory cat microchipping and changes to the current problems in the dog microchipping regimes. These regulations will of course be subject to the affirmative resolution procedure, so it will be possible for Parliament to be involved. In these circumstances and with those assurances, I ask that the new clause be withdrawn.
Olivia Blake
I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 22
Review of cat breeding licencing
“(1) The Secretary of State must carry out a review of the appropriate licencing arrangements for cat breeders.
(2) In conducting this review the secretary of state must—
(a) consider the appropriate licencing arrangements for cat breeders;
(b) consider the maximum permitted litters per cat in a 12-month period;
(c) consider the maximum permitted litters per cat across a cat’s lifetime;
(d) consider restrictions on keeping cats for breeding, when it can reasonably be expected, on the basis of its genotype, conformation, behaviour or state of health, that breeding from a cat could have a detrimental effect on its health or welfare or the health or welfare of its offspring; and
(e) consult the public and such persons as the Secretary of State considers appropriate on the licencing of cat breeding.
(3) The Secretary of State must bring forward legislation based on the findings of the review within 12 months of the date of Royal Assent to this Act.
(4) For the purposes of this section ‘cat breeders’ are individuals who have bred 2 or more litters of cats in a 12 month period.”—(Olivia Blake.)
This new clause would require the Secretary of State to carry out a review of the appropriate licencing arrangements for cats.
Brought up, and read the First time.
Olivia Blake
I beg to move, That the clause be read a Second time.
We probably will not press this new clause to a vote, but I think it is important enough to discuss it in Committee. Despite regulations being in place for dog breeding, there are currently none governing cat breeding. That is not the case across the country; regulations on cat breeding came into force in Scotland in September 2021. It is inconsistent in terms of cat welfare for cats to be protected in that way in one part of the UK but not another. The Bill presents an opportunity to have alignment and to ensure that good breeding welfare is in place for cats and kittens in England.
Cats Protection has raised valid concerns that cats are being bred with conformations that could affect their health and welfare and that of their offspring. In cats such as the Scottish Fold and Munchkin, an inherited disorder is specifically bred for, with the breed’s characteristics being produced by a gene mutation. The inherited disorder is detrimental to the cat and negatively affects its quality of life. Other breeds rely on this too, such as flat-faced Persian cats and other brachycephalic cats, which often experience breathing difficulties, as we have discussed for dogs, as well as eye problems, skin infections and difficulty eating as a result of their skull conformation.
Reviewing the licensing arrangements for cat breeders, and bringing forward legislation to license cat breeding, is the only way we can ensure better enforcement of the welfare of cats across the UK from birth. To be clear, we will not push this new clause to a vote.
Victoria Prentis
I thank the hon. Lady for her comments on this important issue and for confirming that she will not push the new clause to a vote. That is sensible. There are significant issues that we need to look at, which I intend to do in our review of the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018. We will review and report on those issues fully before 1 October 2023. We are already collecting evidence to inform that review. I encourage the hon. Lady and others, if they have evidence, to please send it to us. We are proactively working with partners, including local authorities. The scope of this exercise very much includes cat breeding. We will consider the case for extending the breeding regulations more widely during the review. We will then be in a position to assess the case for introducing new legislation.
Olivia Blake
I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 23
Local abattoir networks
“The Secretary of State must ensure a network of local abattoirs exists to provide the services required to support the UK’s diverse livestock farming sector and to deliver livestock welfare benefits through minimising distance to slaughter.”—(Daniel Zeichner.)
Brought up, and read the First time.
Daniel Zeichner
I beg to move, That the clause be read a Second time.
We have touched on this issue already. Many are concerned about it, with the notable exception of the Secretary of State, who sparked incredulity across the sector earlier this year with comments suggesting that all is fine in the world of abattoirs. Opposition Members do not think that the lack of local abattoirs is fine, and we want to find ways to address the problem, which is what new clause 23 is about. I will focus specifically on the animal welfare benefits that building up such a network would achieve.
Through the Bill, the Government are rightly trying to end the export of certain livestock for slaughter. This practice can have seriously negative impacts on livestock as a result of extensive journey times, as we have discussed. However, we do not think that the problem will be resolved simply by banning overseas exports. In the UK, there has been a rapid decline in the number of local abattoirs. A report by National Craft Butchers stated that there are only 62 local slaughterhouses left, and prospects for the future are fairly bleak. Seven in 10 abattoir owners were aged over 51, with 11% still working beyond the normal retirement age. More than half had no plan for someone younger to take over. That decline is down to a host of reasons, including staff shortages, vet shortages, centralisation of supply chains and, inevitably, regulatory changes and bureaucracy.
However, the consequence of the lack of a local network of abattoirs is that animals are often transported over long distances for slaughter, which poses much the same welfare concerns as shipping animals overseas, as animals still spend long periods being transported. I appreciate that the Government are consulting on these issues, but I think I am correct in saying that that is largely about improving transport. That is fine, but it does not alter the fact that long distances remain long distances. As I said, some of this is inevitably linked to significant changes in the way supply chains operate and to consolidation within sectors; the old days of local markets have largely gone, and while vertical integration may have benefits, there are, as ever, wider consequences that are less beneficial.
In September, the EFRA Committee published a report on moving animals across borders, saying:
“The consolidation of abattoir services means that the spread of services is not uniform across the UK, so many animals have to travel long journeys prior to slaughter. This undermines the ambition of the Government’s consultation on ‘Improvements to animal welfare in transport’ to reduce unnecessarily long journey times”.
I have spoken about this before. It is quite clear that the lack of local slaughterhouses also means that smaller farmers are unable to keep certain types of animals, due to the welfare concerns associated with transporting them over long distances for slaughter, which in turn reduces the likelihood of the return to mixed farming, which many would like.
Put simply, the market may be delivering what works for some retailers, but it is not delivering the wider public goods that we were discussing in this very Committee room almost two years ago in the Agriculture Bill Committee. We warned about these problems then, and today we give the Government the opportunity to do something about them.
Dr Neil Hudson (Penrith and The Border) (Con)
I echo some of the comments of the hon. Member for Cambridge. I am glad that he referred to the EFRA Committee report. I am a member of that Committee. Based on our findings on the movement of animals across borders, one of our key recommendations was that the UK local abattoir network needed supporting and bolstering, and we recommended that the Government look at that. If we improve the local abattoir network it will actually mitigate a lot of the animal welfare issues related to long-distance transport, because distances will be shorter and animals will be reared locally and slaughtered locally and the food will be purchased and eaten locally—something that we are all pushing for. I know that Ministers agree with me that that is a positive thing that we should try to move towards.
Victoria Prentis
The Government acknowledge the importance of local abattoirs to improving animal welfare through shorter journey times. We are committed to working with the industry to ensure that the UK maintains its high-quality slaughtering facilities. We need to find innovative solutions to address funding issues for small abattoirs.
I am pleased to report that the rural development programme is supporting a mobile abattoir project. The project is currently being trialled at two sites. One is at Fir Farm in Gloucestershire, which I had the pleasure of visiting with the chairman of the EFRA Committee and Lord Benyon earlier this summer; the other is at M.C. Kelly Farm in Devon. It was a very interesting pilot and I would be happy to discuss it with Members outside the Committee; it has thrown up issues that we will have to work through and resolve—that is the purpose of a pilot of course. We really do believe that this project will act as a model for future mobile abattoir sites.
We at DEFRA also chair the small abattoirs working group, which brings together industry representatives. We have initiated a series of smaller sub-groups to go into detailed discussions on how to reduce the regulatory burdens on smaller abattoirs. So far issues discussed include the new livestock information programme, the potential for streamlining the administrative and regulatory burden on small abattoirs and ways of ensuring greater co-ordination across Government agencies and abattoirs. I am looking at how a new group—for which I have two excellent chairs in mind—can oversee all this work and drive through the changes that we need in this area. I will continue to update Members as we progress through this work. Given those circumstances, I would ask that we do not vote on new clause 23.
Daniel Zeichner
I am grateful for the Minister’s response. I think we are on the same page on this. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 27
Rearing of non-native game birds: review and consultation
“(1) The Secretary of State must—
(a) undertake a review of the welfare impacts of the rearing and keeping of non-native gamebirds,
(b) examine the use of cages in the rearing and keeping of non-native gamebirds, and
(c) consult on regulation of rearing and keeping of non-native gamebirds.
(2) The Secretary of State must publish a summary of responses to the consultation under sub-section (1)(b).
(3) The Secretary of State must, no later than three months from the day on which the consultation under subsection (2) closes, publish a statement of future policy on the rearing and keeping of non-native game birds.”—(Daniel Zeichner.)
This new clause would require the Secretary of State to conduct a review of the welfare impacts of the rearing and keeping of non-native gamebirds.
Brought up, and read the First time.
Daniel Zeichner
I beg to move, That the clause be read a Second time.
You will be glad to hear, Mr Davies, that this is our final new clause. I return to an issue that has long been a focus of Labour’s work on animal welfare as part of ending the cage age. New clause 27 seeks to establish a review of the rearing of non-native game birds, with a particular focus on the welfare of the birds and the use of cages.
I am advised that around 50 million pheasants and partridges are mass produced in the UK every year to be used for sporting purposes. I am grateful to the Labour Animal Welfare Society for commissioning its recent report from Professor Stephen Harris—it makes for fairly grim reading. Animal Aid estimates that tens of thousands of partridges and pheasants are confined in cages in England. It argues that the birds inside these cages suffer from feather loss, scalping and injuries inflicted by their stressed cage mates. It also reports that birds may have masks and other devices fitted to try to stop them inflicting injuries, and that large numbers of breeding birds are confined for most of their lives in so-called raised laying cages, which are left outside and exposed to the elements.
Such practices clearly pose significant welfare concerns for the game birds involved. The current code of practice for the welfare of game birds reared for sporting purposes is not legally binding. I am told that the code was due to be reviewed in 2016, but apparently that did not take place. The Minister has indicated in responses to parliamentary questions, however, that the Government are examining the use of cages for the breeding of partridges and pheasants—a lot of examining is going on in the Department. I am in no doubt that every member of the Committee wants to ensure that we end the suffering of kept animals. It really is time to end the cage age.
Victoria Prentis
It is true that a lot of examining of evidence is going on, but that cannot be portrayed as a bad thing. I share the enthusiasm of the hon. Member for Sheffield, Hallam for science-led policy making. We want action as well. That is why I said slightly tongue in cheek earlier that we get criticised when the hon. Member for Cambridge feels we are going too quickly, but then we get criticised when he feels we are going too slowly.
Victoria Prentis
I know you do, Mr Davies. You are quite right—I do not know about the hon. Member for Cambridge.
As we are coming to the end of these proceedings—I hope, pleasurable though they have been—it is right that we accept that, yes, there is a lot to do in the area of animal welfare, but, yes, a lot is being done. We should take this opportunity to step back and to think of the poor people working in the animal welfare team in DEFRA, who are doing all this work, as well as those in the Public Gallery from the Bill team and those offline who drafted the Bill. Yes, animal welfare legislation is difficult. It requires evidence and it requires us to work out what would help and where, and what can be done in other ways through guidance or whatever.
Turning to the new clause, we are already reviewing how to improve game bird welfare, including examining the evidence on the use of cages for breeding pheasants and partridges. As the hon. Member for Cambridge said, we have a statutory code, in section 6 of which are set out the standards, including that enriched cages are a minimum. Breaches of the code may be used in a prosecution under the Animal Welfare Act 2006. It is right that we review the situation periodically, and the plan is to do just that. We already have the power to make regulations in this area when we have the scientific evidence to inform future policy. I therefore ask that the hon. Gentleman to withdraw the new clause.
Daniel Zeichner
I am grateful to the Minister, and delighted to get her cross at last—it is hard to make her cross. I hear what she said but, equally, I hope she heard what I said. We are moving to a different age, a different world, and while I absolutely want it to be evidence-based, there is a feeling in many parts of this country that we ought to move more quickly on these issues. In the interests of getting this done, we will not press the new clause to a vote. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
Victoria Prentis
I beg to move amendment 82, title, line 2, at end insert “; and for connected purposes.”
The amendment updates the long title of the Bill.
I thank you, Mr Davies, all Members who have taken part in the Committee, and the Clerks’ team and others who have worked so hard to get us to this stage of this important legislation.
Daniel Zeichner
On a point of order, Mr Davies. I echo those thanks. I also thank Government and Opposition Members. It has been a constructive and helpful discussion, conducted in good spirits. I, too, thank the Clerks, who often have the impossible task of translating our ideas into appropriate and acceptable parliamentary language. I thank all the organisations we have heard from, the witnesses and my team—particularly George Williams, who has had to do all this pretty much on his own.
The Chair
That is not a point of order, but it was a point of thanks.
Amendment 82 agreed to.
Bill, as amended, to be reported.
Subsidy Control Bill (Eleventh sitting)
(2 years, 5 months ago)
Public Bill CommitteesRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Committee divided: - Ayes: 4 / Noes: 7 - Question accordingly negatived.
The Committee divided: - Ayes: 4 / Noes: 8 - Question accordingly negatived.
The Committee divided: - Ayes: 4 / Noes: 8 - Question accordingly negatived.
The Chair
Before we begin, I have some preliminary announcements, particularly about face coverings. Members are expected to wear them, unless exempt, when they are not speaking, and are expected to maintain distancing as far as possible, which I can see you have all done. That is in line with current Government and House of Commons Commission guidance. Please give each other space when leaving the room. I remind Members that they should have a lateral flow test twice a week if they are coming on to the estate, which can be done either in the testing centre in Portcullis House or at home. Please send speaking notes by email to hansardnotes@parliament.uk. Officials in the gallery should communicate electronically with Ministers. Can I have phones on silent, please? I gently remind Members that tea and coffee are not allowed during sittings.
Clause 78
Subsidies and schemes in primary legislation
Question proposed, That the clause stand part of the Bill.
The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Paul Scully)
It is a pleasure to serve under your chairmanship, as ever, Ms Nokes. Clause 78 applies the provisions in the Bill to subsidies made by means of primary legislation, as set out in schedule 3. Because of the specific nature of the subsidies given by means of primary legislation, the obligations on those responsible for subsidies in primary legislation needs to be set out separately, rather than being included in the scope of the core clauses of the Bill.
The core purpose of schedule 3 is to apply the subsidy control requirements to subsidies in devolved primary legislation. The schedule makes the necessary technical provisions to that end, and ensures that subsidies in devolved primary legislation are not subject to mandatory referrals to the subsidy advice unit. The schedule provides that subsidies in Acts of Parliament are subject to the transparency requirements on voluntary referrals to the subsidy advice unit. The measures ensure that the subsidy control regime will be comprehensive and robust while taking into account the UK’s unique constitutional make-up.
Before I go into detail about clause 78, it will be helpful to explain what I mean when I refer to subsidies provided by primary legislation. Primary legislation in Westminster or the devolved legislatures can provide for granting subsidies in a number of ways. The most common is by conferring a discretion on Ministers or other public authorities to provide financial assistance, for example section 7 of the Industrial Development Act 1982 in respect of financial assistance in assisted areas. That provides the necessary statutory underpinning for financial assistance but does not mandate financial assistance to be given. The amount and conditions of any financial assistance are at the discretion of the public authority. A subsidy that is granted under a power conferred by a primary enactment is not a subsidy granted by primary legislation. For these purposes, therefore, a subsidy is granted by primary legislation only if the Act itself makes provision that directly amounts to a grant of a new subsidy, or requires a grant of a new subsidy by a public authority with no room for discretion on the part of that authority. Apart from taxation, that is very rare. The reference to the subsidy granted by primary legislation is in practice therefore usually concerned with the grant of a statutory entitlement to a specific tax relief or credit that amounts to a subsidy, for example a tax credit for small businesses to carry out research and development.
I will quickly set out in further detail why each paragraph was included in schedule 3, to which clause 78 relates. Paragraph 1 sets out the intention of the schedule, which I have explained. Paragraph 2 sets out the relevant definitions for the purposes of the schedule, and they are mainly self-explanatory. Paragraph 3 sets out how certain terms of the Bill should be read for the purposes of the schedule, so that the Bill applies to subsidies provided by means of primary legislation. Paragraph 4 provides for the distinction that I discussed before: that subsidies given under a duty imposed by primary legislation are covered by this schedule, but those given under a power in primary legislation are not.
Paragraph 5 confirms that references to a subsidy in schedule 3 should also be taken to refer to a subsidy scheme, as is the case in the rest of the Bill. Paragraphs 6 and 7 apply the subsidy control principles, prohibitions and other requirements, and exemptions in the Bill to subsidies granted or subsidy schemes made by means of devolved primary legislation. In any court proceedings, the provisions in schedule 3 require the courts to consider the views and considerations of the promoters of the Bill, that is, those introducing the Bill or Members of the devolved legislatures who lodge amendments amounting to subsidies, so that courts are not put in the constitutionally novel position of questioning the internal proceedings of the relevant legislature. Paragraph 8 applies the transparency requirements to subsidies in primary legislation, including Acts of Parliament and devolved legislation.
Paragraph 9 deals with the referrals of subsidies in primary legislation to the subsidy advice unit in the Competition and Markets Authority. Voluntary referrals may be made in respect of subsidies or schemes of interest, or subsidies or schemes of particular interest, made in devolved primary legislation or in Westminster Acts of Parliament. That means that the appropriate Ministers, Departments or the Member promoting the subsidy may refer to the SAU those subsidies that have a higher likelihood of distortion. This allows them to make a referral at their discretion, where they judge that the advice or transparency report would be beneficial. That provision does not require mandatory referrals, in view of the unique legislative position and procedure of those subsidies. That means there will be no procedural delays or disruption to primary legislation.
Finally, paragraphs 10, 11 and 12 make the necessary modifications to the enforcement provisions in part 5 of the Bill to apply them to subsidies in devolved primary legislation, which will allow subsidies given by the means of devolved primary legislation to be challenged by judicial review and will include the ability for courts to order devolved Ministers or a Northern Ireland Department to recover a non-compliant subsidy provided by means of devolved primary legislation. Given their expertise in the sensitive task of considering the lawfulness of provisions in devolved primary legislation, the appropriate courts to review such subsidies will be the Court of Session in Scotland, the High Court of England and Wales in respect of Wales, and the High Court in Northern Ireland.
Seema Malhotra (Feltham and Heston) (Lab/Co-op)
It is a pleasure to serve under your chairship, Ms Nokes. There are a number of technical provisions here relating to how implementation will take place. I thank the Minister for his opening remarks. There are areas relating to the application of principles, transparency referrals and recovery orders that we have covered in other debates, and I do not propose to go over those arguments. There are points that the Minister is coming back to us on and we will also review the areas to take further ahead of the Bill moving to Report stage.
I have a couple of queries, which I would be grateful if the Minister could clarify. When subsidies are provided by the means of primary legislation, will he clarify whether there will be any differences on reporting, transparency and so on, or will they be expected to be subject to the same control arrangements?
Secondly, the application of principles in paragraph 6 of schedule 3 also
“applies to subsidies provided by means of devolved primary legislation”.
Are there any either unintended, or intended, effects on the competencies of the devolved Administrations? This issue was one that came up in evidence with the devolved Administrations. There was a concern from the Welsh Government about where there could be overlap, or unintended consequences, with policy decisions being made under devolved competencies, particularly on economic development—that there could be some interplay between the provisions in this Bill and existing competencies. I would be grateful if the Minister could respond on those points.
Paul Scully
Essentially, the subsidy control regime differentiates between the subsidies in devolved primary legislation and the subsidies in an Act of Parliament in a way that respects the devolved legislatures and reflects the UK constitution.
The devolved legislatures have a unique constitutional status. We have made sure that the requirements are proportionate and respectful of their status and processes, but it is important that the requirements apply comprehensively and we do not create exemptions. The distinctions in the Bill implement the trade and co-operation agreement, which recognises the sovereignty of Parliament; we would clearly not be compliant with our international requirements if we introduced further exemptions for the subsidies in devolved primary legislation. We will clearly have to ensure compliance within this, and the UK Government will make sure that we comply with our international obligations when giving any subsidies. We will also consider the effects of any subsidy advanced by means of an Act of Parliament during its normal impact analysis and considerations for managing public money.
Question put and agreed to.
Clause 78 accordingly ordered to stand part of the Bill.
Schedule 3
Subsidies provided by primary legislation
Question proposed, That the schedule be the Third schedule to the Bill.
Paul Scully
I think I covered schedule 3 in my opening remarks on clause 78.
Seema Malhotra
I think the Minister did cover schedule 3. We will reflect further on the Minister’s responses to points that we have made, and I will not raise any further issues now. We will support that the schedule stand part of the Bill.
Question put and agreed to.
Schedule 3 accordingly agreed to.
Clause 79
Guidance
Seema Malhotra
I beg to move amendment 80, in clause 79, page 45, line 9, leave out “may” and insert “must”.
This amendment, together with Amendment 81, would require the Secretary of State to issue guidance about the practical application of the areas listed under 79(1)(a), (b), and (c).
The Chair
With this it will be convenient to discuss the following:
Amendment 24, in clause 79, page 45, line 9, leave out “issue guidance” and insert
“by the affirmative procedure make regulations”.
This amendment ensures that the Secretary of State’s guidance is made by affirmative regulation in order that parliament can debate the matter before implementation.
Amendment 81, in clause 79, page 45, line 12, at end insert—
“(1A) The Secretary of State may issue guidance about the practical application of – ”.
This amendment, together with Amendment 80, would allow the Secretary of State to issue guidance about the practical application of the area listed under 79(1)(d), (e), (f) and (g).
Seema Malhotra
It is a pleasure to move amendment 80 and to speak to amendment 81. Clause 79 gives the Secretary of State the power to issue guidance on the new subsidy regime. We agree with the general principle of the clause, which is that the Secretary of State should be able to provide clarity and advice on the practical application of the regime, but we believe that clause 79 is lacking in significant ways and it is important that we look to strengthen it.
Clause 79 states that the Secretary of State “may issue guidance” on the areas listed under subsection (1). However, there are areas of the Bill where we think that guidance is not just beneficial, but necessary for the effective and fair running of the regime, and we should not leave that to chance. In particular, we believe that guidance must be issued for the subsidy control principles, the energy and environment principles and the control requirements laid out in part 2, chapter 3 and chapter 4.
Those areas are crucial to the regime. They will ensure that public authorities create subsidies that match the aims of this Bill; that British subsidies meet the requirements of the TCA; and that public authorities and interested parties are aware of the transparency and scrutiny expected of subsidies. That is why we believe it is vital that the Secretary of State provides information and clarity about what he—or she, in the future, or even the Minister, as we have discussed—expects around the principles and requirements of the new regime, how they should be interpreted and carried out by public authorities and interested parties, and the expectations of subsidy recipients. That is why we propose amendment 80, which would mandate the Secretary of State to issue guidance on the practical applications of subsection (1)(a), (b) and (c).
We want to draw the distinction that we are not being overly prescriptive, so amendment 81 would continue to allow the Secretary of State the option to issue guidance on subsection (1)(d) to (g). We hope that the Minister will appreciate the importance of guidance on the principles and requirements of this new regime, and why the Bill ought to state that they will be—not that they may be—issued for the practical application of those parts of the Bill. If the Minister does not believe that guidance on those areas should be mandated, could he tell us how he expects the Secretary of State to issue guidance on subsection (1)(a) to (c), and indeed (d) to (g), and what the timeframe for such guidance is expected to be?
Kirsty Blackman (Aberdeen North) (SNP)
As has been common throughout, I agree with almost everything that the hon. Lady has said, and I agree that we lack information on what this will look like. I get all the arguments that the Government have made about the structure being permissive, but we could do with more information on several of these things. That is why I have tabled amendment 24, which is a probing amendment to try to find out how the Government intend the guidance to be drafted.
Clause 79(5) states:
“Before issuing guidance under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.”
It would have been helpful to have more information on that, and it would be useful to have that from the Minister. With subsection (1)(a), (b), (c) and (e), will the Secretary of State consider the devolved Administrations to be reasonable organisations to contact before issuing guidance around the subsidy control principles, the energy and environment principles, the subsidy control requirements and, crucially, the criteria for determining whether something is of interest or particular interest? That is a really important part of the Bill, and we do not have enough information on what interest and particular interest will mean.
The shadow Minister is absolutely correct that there is a hierarchy. In some areas, the Secretary of State must issue guidance because otherwise the scheme will not work, but in others it is more flexible. I probably would have included subsection (1)(e) among the areas on which the Secretary of State must issue guidance, because I do not think the scheme works if people do not know what interest and particular interest will mean. The Minister has spoken an awful lot about certainty for granting authorities and for organisations that will be receiving subsidies, and about trying to cut down the length of the period of uncertainty. In the absence of proper guidance that we have been able to scrutinise in any way, that uncertainty becomes much higher—definitely at this point, and I hope that will not be the case when the Act comes into force and begins to work.
I have one other question for the Minister. Clause 79 says that
“the Secretary of State must consult such persons as the Secretary of State considers appropriate.”
I have asked before—I have been reasonably happy with the answers—about how long in advance of the Act coming into play the guidance will be published. I think it is hugely important that the consultation period is long enough to ensure that that guidance is right, not just in lining up with the principles that have been set out and achieving the Government’s intentions, but in covering all the gaps that organisations foresee and answering the questions that granting authorities or enterprises might have. That length of time is needed to provide the right level of certainty and enable people to study what is a very big change.
We have had state aid rules in place for a long time, and that is why, in practice, an awful lot of the decisions that are being taken just now are based not on the interim regime but on state aid itself. A lot of people who are going to lawyers for advice are being told, “We will apply the state aid principles to this, because that is the easiest course of action just now.” We want to make sure that that does not continue to happen. For the new regime that the Government intend to be in force, we need to make sure that legal experts have the time to get up to speed on how they should advise people, because it is technical, and it is important that people get it right. It is important that subsidies are allowed to be made—that is the point of the Bill—but that regulation is in place to ensure that public money is spent wisely and properly, and that inappropriate distortion of competition is removed so far as possible.
Amendment 24 asks for that guidance to be made by the affirmative procedure, because I do not think that enough scrutiny will be brought to bear on the guidance that will be issued. If the Minister feels that there will be scrutiny, it will be helpful if he lays out how parliamentarians might interact with that guidance, either before or after—preferably before—it is issued. It is obvious that we have an interest, and it is obvious that we have concerns, but we also have ideas; a number of the amendments that we have tabled have been constructive and intended to improve the Bill. None of us suggests that there should not be a subsidy control regime. We are trying to make it the best subsidy control regime, in order that it works for our constituencies and the countries and people that we represent. Any information that the Minister could give on that would be incredibly useful.
Paul Scully
The power to issue statutory guidance, as is currently provided for in clause 79, will allow the Government to offer greater colour and detail to public authorities in how to comply with the subsidy control requirements. We plan to provide extensive guidance on the new regime, set out in clear, plain language and including useful explanatory material, case studies, practical explanations and additional matters that public authorities may wish to consider. For instance, it might be used to explain how subsidies could be given to support disadvantaged areas in a way that is consistent with the principles; among other things, it could describe characteristics or criteria that a public authority could use to identify a disadvantaged area, which would help to ensure that the subsidy is addressing an equity objective and is consistent with principle A.
The Secretary of State will consult such persons as appropriate before issuing the guidance. This may well include the devolved Administrations, businesses and public authorities. This will allow public authorities plenty of time to consider the guidance before the new regime comes into force. The hon. Member for Aberdeen North talked about the devolved Administrations. Clearly, the Government cannot do this in isolation. It is incumbent on us to make sure that we speak to the people who will use the guidance, to make sure that it is fit for purpose. I cannot give a precise list of stakeholders that we will engage and consult, but it is in our best interest to ensure that we have the widest, broadest range of stakeholders to make sure that guidance is useful, rigorous and fit for purpose.
On timing, I said earlier that, depending on parliamentary time, the commencement of the Bill will be next autumn, which gives us plenty of time. We have already started the process of engaging with officials, and we will make sure to continue our engagement with officials in the devolved Administrations, as well other public authorities, to make sure that we can publish this guidance in time for the Bill’s coming into force.
Kirsty Blackman
Will the Minister confirm that, should there be a requirement to update the guidance in the future, which there is likely to be, a consultation process will be undertaken in advance of that updating, and that there will be a reasonable length of time before changes are made to the guidance so that authorities can comply with it?
Paul Scully
It is incumbent on us to engage on any changes. How we engage and the timing of that will depend on the circumstances. However, if we are going to do this and make it work, clearly we need to engage as widely as possible to make sure that those changes are fit for purpose.
Amendment 24 would effectively remove the power to issue statutory guidance and replace it with one for the Secretary of State to make binding delegated legislation on the practical application of key elements of the domestic subsidy control regime. We do not believe that regulations are a suitable vehicle for setting out information and advice on the practical application of parts of the subsidy control regime. Regulations are restrictive in their content and must be drafted in a specific, technical way. Guidance, on the other hand, serves the purpose of explaining and clarifying the regime, in ordinary language, for the benefit of those who will need to use and understand the practical effect of the legislation. It can also be quickly updated should circumstances change.
I know that the right hon. Member for Aberdeen North—sorry, the hon. Member; that was another promotion for a colleague. I am sharing the love. I know that she wants to scrutinise future regulations made under the Bill, and it is right that there be additional parliamentary scrutiny of those regulations, as they impose new legal obligations that are additional to those in the Bill, but that is not true of any guidance that will need to be issued under clause 79. The guidance will need to be consistent with, and cannot change, the law to which it relates.
Amendments 80 and 81 would compel the Secretary of State to issue guidance under subsection 1(a) to (c)— that is, on the subsidy control requirements. I understand the intent behind the amendments, but in practice they are unnecessary. While the Secretary of State “may” issue such guidance, in practice he must do so for the regime to function effectively.
Going back to the Government response to the subsidy control public consultation, as we have consistently said, the foundation of the new regime is a clear, proportionate and transparent set of principles, supported by guidance that will ensure that public authorities fully understand their legal obligations and embed strong value-for-money and competition principles. The guidance will show how the assessment of compliance with the principles should be carried out, and how different benefits and distortive impacts should be assessed for different kinds of subsidies. I assure hon. Members that the Secretary of State certainly does not propose to commence the regime without first issuing clear guidance on the subsidy control requirements.
Seema Malhotra
It is heartening that the Minister has said that where the clause says “may”, he thinks it means “must”. From that we conclude that the Secretary of State will issue guidance. It would be helpful to know how soon we can expect that guidance. That was one of the questions. That will be very important in making sure that implementation is accelerated as much as possible, but that there is scrutiny, and time to review the guidance.
Paul Scully
I can commit to this: we want to share parts of the draft guidance as we develop it, because we want to make sure that the guidance is there as we go through this process. Officials from the Scottish Government and Welsh Senedd in particular told us, before we even introduced the Bill, that they wanted more involvement in drafting the guidance. We talked about getting the framework right in the Bill, and issuing the guidance once we knew what the framework looked like; that is the right way round. We consulted and engaged heavily on the framework. It is right that we do a similar job of engagement with parliamentarians, key stakeholders and public authorities as we develop the guidance. We want to make sure that it is put in place—and not just five minutes before commencement of the provisions next autumn. We want to make sure that public authorities have that understanding. We will try to share as much of the guidance as we can as we develop it, rather than having people wait until final publication.
The inclusion of clause 79 in the Bill clearly shows that the Government understand the need for, and importance of, guidance for public authorities on these elements of the regime. For those reasons, I ask the hon. Member for Feltham and Heston not to press amendments 80 and 81 to a vote.
Seema Malhotra
I thank the Minister for his comments, and for his strengthened interpretation of “may” in the clause. I appreciate his saying that he hopes that guidance will be issued, perhaps in stages, so that there is time for scrutiny. I will not press the amendment to a vote. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Seema Malhotra
I beg to move amendment 82, in clause 79, page 45, line 39, leave out subsection (5) and insert—
“(5) Before issuing guidance under this Section, the Secretary of State must seek the consent of the Scottish Ministers, the Welsh Ministers and the Department for the Economy in Northern Ireland.
(5A) If consent to the making of the regulations is not given by any of those authorities within the period of one month beginning with the day on which it is sought from that authority, the Secretary of State may make the regulations without that consent.
(5B) If regulations are made in reliance on subsection (5B), the Secretary of State must publish a statement explaining why the Secretary of State decided to make the regulations without the consent of the authority or authorities concerned.”
This amendment would require the Secretary of State to gain the consent of the devolved administrations before issuing guidance under Clause 79.
The Chair
With this it will be convenient to discuss amendment 86, in clause 87, page 49, line 9, at end insert—
“(7A) Before making regulations under this Act, the Secretary of State must seek the consent of the Scottish Ministers, the Welsh Ministers and the Department for the Economy in Northern Ireland.
(7B) If consent to the making of the regulations is not given by any of those authorities within the period of one month beginning with the day on which it is sought from that authority, the Secretary of State may make the regulations without that consent.
(7C) If regulations are made in reliance on subsection (7B), the Secretary of State must publish a statement explaining why the Secretary of State decided to make the regulations without the consent of the authority or authorities concerned”.
This amendment requires the Secretary of State to seek the consent of the devolved administrations before making regulations under this Act.
Seema Malhotra
This is again about devolution. There is some overlap with the debate we just had. I would have hoped that we were in a position where by the end of this Committee we were not having debates similar to the ones that I feel we had at the start. However, it is important to keep coming back to where engagement with the devolved Administrations matters in particular parts of the Bill, and to say why.
Devolution gives all nations of the UK the chance to make more decisions locally. We have respect for our devolved Administrations and their respective powers, and their input into our economic and social development and our UK-wide democracy. That is why we feel that, if there are ways in which that very important role in our constitutional settlement may be diminished by the way this legislation is crafted and then implemented, it is important for us to consider that issue and also what should be made more explicit in the Bill.
I believe, and I am sure that the Minister believes it too, that all four nations of the UK are stronger together. This Bill is an example of post-Brexit legislation and we are looking at elements of how what was done previously via our membership of the EU will be implemented in a way that will stand the test of time and retain the confidence of all the devolved Administrations. So we must consider how we act in line with those intentions to ensure the importance of devolution and the framework that we have, and how inevitably there will need to be some adjustment, as what happened through the EU is absorbed within our constitution. We must consider some of those roles, responsibilities and judgments about where there needs to be some tweaking of the way our constitution works, with the main principles of devolution—as they have been established and how they are working effectively—and the importance of ensuring that the voices of Scotland, Wales and Northern Ireland are put into legislation that affects all of our nations, and the UK as a whole.
The devolved Administrations will have perspectives that are closer to their own nations. As we have seen, perspectives is a theme running through this legislation, which will be an integral part of how the UK works as a whole, and it will be a more effective regime if those voices are loudly heard.
We agree that Westminster is primary in the way that the legislation is implemented. However, we call on the Minister to consider amendments 82 and 86 seriously. Amendment 82 would mandate the Secretary of State to seek the consent of the devolved Administrations, with a fair backstop, before issuing guidance under clause 79. Amendment 86 stipulates that the Secretary of State must also seek the consent of the devolved Administrations before making the regulations under clause 87.
We have said throughout the debates on the Bill that we want to ensure that there is a settlement that will stand the test of time, that will be flexible in terms of how we all work together, and will be successful for the UK as a whole. It is not just the Labour party or indeed the SNP that thinks along those lines; we have heard evidence from a number of our witnesses alluding to it. I quote Dr Pazos-Vidal, who is head of the Brussels office at the Convention of Scottish Local Authorities, who outlined that the Bill currently is,
“too general and not reflective of the territorial constitution of the UK as it stands. There should be a provision that the Secretary of State must consult the devolved Administrations in a dedicated system that should also involve local law. There should be a duty to make sure that different parts of the UK have full ownership of the final outcome—it is true that the Secretary of State will issue the guidance—but also the intelligence and the local know-how about these ideas.”––[Official Report, Subsidy Control Public Bill Committee, 26 October 2021; c. 8, Q4.]
I ask the Minister, for the final time, to support amendments 82 and 86, which in our view give the devolved Administrations the role they should have and that is appropriate in the Bill. The guidance that the Secretary of State issues on the new regime and the regulations that will be put in place will have just as large an effect on Wales, Scotland and Northern Ireland as on England. Therefore, guaranteeing that the devolved Administrations are involved in the decisions that affect them too will only improve the way in which the guidance is developed and confidence in how it will be implemented.
Kirsty Blackman
As I have said, I largely agree with everything the hon. Member for Feltham and Heston has said and I would be happy to back these amendments, should they be pushed to a vote, but I want to make it clear that I do not agree that the four nations are stronger together, and I look forward to the day—not that far off—when we will prove how much more successful we can be when we are out of this political Union.
Paul Scully
I will speak first to amendment 82. As I have previously stated in addressing other amendments to this clause, the power to issue statutory guidance in clause 79 will allow the Government to add greater colour and detail to public authorities on how to comply with the requirements.
This amendment would require the Secretary of State to gain the consent of the devolved Administrations before issuing guidance, but since subsidy control is a reserved policy matter, it is right that the UK Government do not need to seek the formal consent of the devolved Administrations before issuing guidance. I should reiterate that the Bill as currently drafted already says:
“Before issuing any further guidance … the Secretary of State must consult such persons as the Secretary of State considers appropriate.”
I believe that is the right approach for guidance relating to a reserved policy area.
Stephen Kinnock (Aberavon) (Lab)
Which persons does the Minister think the Secretary of State should consider to be appropriate?
Paul Scully
I think that would depend on what the guidance is, especially with changes to guidance, because this is clearly looking at the wider future. I will come back to engagement, because attaching a formal consent mechanism to the clause could slow and inhibit the issuing and updating of statutory guidance, so it is important that the Government are able to update guidance quickly, should circumstances change—for example, due to the development of new UK case law—and delaying changes would be unhelpful for public authorities and subsidy recipients alike. That said, we have engaged extensively with the devolved Administrations in developing the policy for the new subsidy control regime and will continue to work closely with them while developing the guidance in the way I described in the previous clause. It is in all our interests to ensure that the regime works for the whole of the UK and enables the UK’s domestic market to function properly.
Stephen Kinnock
The Minister has confirmed that consultation with the devolved Administrations has taken place. Does he therefore consider that the devolved Administrations are persons that would be considered appropriate by the Secretary of State for consultation?
Paul Scully
It is really important that we continue to engage with the devolved Administrations—with the Welsh Senedd, the Scottish Government and the Northern Ireland Assembly. The key issue we are talking about here, though, is that the consent mechanisms contained in the amendment may risk delay, and may change the dynamic of the fact that subsidy control is a reserved matter. None the less, as I say, it is really important that we continue to work closely with the Welsh Senedd, the Scottish Government and the Northern Ireland Assembly, because we have to make sure that this Bill works for the UK as a whole, and for every part of the UK as well.
Amendment 86, which has also been tabled by the hon. Member for Feltham and Heston, would, as I said, require the Secretary of State to seek the consent of each of the devolved Administrations before making regulations under the Bill. The amendment would not require the Secretary of State to obtain that consent before making regulations, but if it was not forthcoming, the Secretary of State would be required to make a statement to the House explaining why they chose to proceed with the regulations regardless. However, as I noted while addressing the previous amendment, since subsidy control is a reserved policy matter, it is right that the UK Government do not need to seek the formal consent of the devolved Administrations before making regulations creating streamlined subsidy schemes or issuing guidance.
However, again, I am absolutely clear about the importance of engaging with the devolved Administrations as the Bill progresses through Parliament, as well as the process towards implementation and beyond. That engagement will, and has to, continue as we develop guidance and draft regulations. Throughout, the Government will take into account the specific needs and concerns of authorities and other interested parties. Furthermore—we will discuss this issue further in relation to clause 91 and the commencement provisions of this Bill—we are committed to ensuring the timely passage of the necessary regulations to ensure commencement of the Bill as soon as possible. I therefore ask the hon. Lady to withdraw the amendment.
Seema Malhotra
I thank the Minister for his comments, and I agree with his statement that this regime needs to work for the UK as a whole: I think that is something on which we all agree. I am not quite clear, though, on whether the Minister is saying that there is an incompatibility between the reserved competence and seeking consent, because I am not sure that there is. If there was, we would not have had evidence—including from Daniel Greenberg, parliamentary counsel—about how there could be some co-ordination mechanisms and consultations in and around how the Bill operates.
Stephen Kinnock
To fortify the argument that my hon. Friend is making, the Minister claimed that our amendment would force the UK Government to seek the formal consent of the devolved Administrations, but that is not the case. It would require consultation, but if consent is not given, the UK Government can go ahead with their original plan anyway. Just for the record, we are not saying that formal consent should be given: it is simply a requirement for consultation.
Seema Malhotra
My hon. Friend is correct, and that is the reason I wanted to make this point. I do not think that the arguments the Minister has made about risking delay and changing the dynamic are really arguments against this amendment, which clearly says that
“Before making regulations under this Act, the Secretary of State must seek the consent of the Scottish Ministers, the Welsh Ministers and the Department for the Economy in Northern Ireland…If consent to the making of the regulations is not given by any of those authorities within the period of one month”—
so this is not an extensive delay—
“beginning with the day on which it is sought from that authority, the Secretary of State may make the regulations without that consent”,
but it will be on the record that consent was sought.
Thirdly, the amendment says that
“If regulations are made in reliance on subsection (7B), the Secretary of State must publish a statement explaining why the Secretary of State decided to make the regulations without the consent of the authority or authorities concerned”.
I cannot see anything in the amendment that is incompatible with the fact that this is an area of reserved competence. It simply seeks transparency on where there may be disagreements and why. In my view, that is part of how we have a mature relationship between Westminster and the devolved Administrations—not everyone is always going to agree, but they should be included and views on how the Bill is implemented should be respected. Being able to disagree on the record is, I think, part of how our democracy should be working.
Paul Scully
The clause gives the Secretary of State the power to issue and update guidance on the practical application of the provisions in the Bill. It places a duty on public authorities to have regard to the guidance when designing a subsidy scheme or giving an individual subsidy. The Secretary of State is also required to publish the guidance and keep it under regular review, and may revise or replace that guidance. The Secretary of State must also consult persons they deem appropriate before issuing guidance.
Kirsty Blackman
I wonder whether the Minister would commit to ensuring that there are links to the guidance on the subsidy control database. People who are interested in the database are likely to be interested in the guidance, particularly if they are considering making a challenge. Will he ensure that the links are on the website, so that people can find them more easily? That would be helpful.
Seema Malhotra
The Minister has outlined the details of the clause. Notwithstanding the points we have already made, we support clause stand part.
Paul Scully
In answer to the hon. Member for Aberdeen North, the guidance will be on the gov.uk website. I will reflect on how best to make it accessible. It is important that it is accessible to everybody.
Question put and agreed to.
Clause 79 accordingly ordered to stand part of the Bill.
Clause 80
Disclosure of information
Question proposed, That the clause stand part of the Bill.
Paul Scully
The clause ensures that the powers and duties contained in the Bill to disclose or use information will operate compatibly with existing data protection legislation. It also amends schedule 14 of the Enterprise Act 2002 to include the new subsidy control functions of the CMA. It will ensure that the information obtained by the CMA in its functions under the new subsidy control regime is subject to the same restrictions on disclosure that apply to existing functions. The clause further ensures that the CMA is protected from defamation law when providing advice or reports under the provisions in the Bill.
Seema Malhotra
As the Minister outlined, the clause establishes that any duty to disclose information under the powers in the Bill does not override provisions laid out in the data protection legislation. This is technical and important, and we support the clause.
Question put and agreed to.
Clause 80 accordingly ordered to stand part of the Bill.
Clause 81
Modifications to subsidies and schemes
Seema Malhotra
I beg to move amendment 83, in clause 81, page 46, line 39, leave out “of up to 25%” and insert
“up to the rate of inflation”.
This amendment would prevent modifications that increase subsidy budgets by up to 25% from being permitted, and would instead permit modifications that increased subsidy or scheme budgets by up to the rate of inflation.
The Chair
With this it will be convenient to discuss the following:
Amendment 84, in clause 81, page 46, line 41, leave out “paragraph (g)”.
This amendment would prevent extensions of subsidy schemes from being permitted modifications.
Amendment 85, in clause 81, page 47, line 10, leave out “25%” and insert “inflation rate”.
This amendment relates to Amendment 83.
Seema Malhotra
It is a pleasure to move amendment 83 and to speak to amendments 84 and 85. The clause establishes that unless a modification of a subsidy or scheme is a “permitted modification” listed in subsection (3), including an uplift of up to 25% of the budget or an extension by up to six years, changes to a subsidy or scheme will be regarded as a new subsidy or scheme. Consequently, the public authority will have to comply with the subsidy control requirements. The clause outlines that most modifications to subsidies or schemes must result in said subsidies or schemes being treated as new. The issue is that it also outlines a list of permitted modifications that can be made without having to re-establish the subsidy.
Labour recognises the importance of allowing certain modifications to subsidies, especially under a regime that is intended to be quicker, where there is leave to support a subsidy’s outcomes in line with the control principles and the underlying goals and principles of the legislation. However, such permitted modifications must be reasonable; otherwise, they risk allowing subsidies to undermine the principles of the regulations set out in the legislation.
I wonder whether the Minister has considered in detail subsection (3)(f), which allows an increase in a subsidy’s budget by what seems to be a fairly high and fairly arbitrary 25%. I question whether that is a reasonable modification. There is also a question about subsection (3)(g), which allows the extension of a subsidy scheme by six years. That is longer than a parliamentary term. Again, I wonder whether detailed consideration was given to that. Perhaps the Minister can enlighten us on the basis for deciding to make a six-year extension and a 25% increase permitted modifications.
There is a risk that such modifications will have significant effects on subsidies and schemes. They could cause a previously finely-tuned subsidy to distort the market or become out of proportion. As such, we should question whether they should be allowed to occur without any checks or renewed transparency. Otherwise, there is a risk in increasing a subsidy, particularly a large subsidy, by up to 25%,and, indeed, in extending a subsidy scheme by six years—that is well beyond the period for which local authorities, devolved Administrations or almost anyone in any Administration is elected in this country—without it being subject to some renewal. There does not seem to be a clear explanation of why the clause is framed as it is.
We therefore also propose amendment 83, which would allow for subsidies to adapt to changing economic circumstances by allowing a subsidy’s budget to be increased by no more than the rate of inflation, rather than by a whole 25%. While allowing for adaptation to changing economic circumstances, the amendment would ensure that any significant changes to subsidy amounts were still subject to appropriate transparency.
Amendment 85 would scrap subsection (3)(g), because those long extensions could have significant consequences for the market, and the market could change in that period of time. Any extension of a scheme’s timetable should be subject to full transparency, and it should be treated as though a new subsidy was being created.
I would be grateful if the Minister could respond to our legitimate concerns and explain what underlies the decisions that led to subsections (3)(f) and (3)(g). If there is something that we have missed, we would be happy to reconsider, but in the interests of transparency, value for money and public confidence, we think these are two points that should be addressed.
Paul Scully
Clause 81 allows for limited amendments to be made to subsidies or schemes. A permitted modification will not be treated as a new subsidy or scheme as long as it meets the parameters set out in the clause. First, let me cover amendments 83 and 85. These amendments would remove from the list of permitted modifications an increase of up to 25% of the original budget of a subsidy or scheme. Instead, increases only up to the rate of inflation would be treated as permitted modifications. In doing so, the amendments would greatly reduce the flexibility afforded to public authorities to moderately increase the budget of a subsidy or scheme without facing additional administrative burdens.
The Government have committed to reducing administrative burdens on public authorities wherever possible. That includes giving them the flexibility to make limited amendments to a subsidy or scheme without having to jump through additional procedural hoops. An increase of up to 25% is appropriate, as this level of uplift is unlikely to greatly change the distortionary effects of a subsidy or scheme, which is what we are measuring.
Kirsty Blackman
Will the Minister write to me in advance of Report setting out what would happen if the increase of 25% takes the subsidy above a certain threshold, whether that is the de minimis threshold or the threshold for reporting? It strikes me that it would be possible to use the provision in a negative way to get round the system. I am sure that it is not the Government’s intention, so it would be useful to have advice on what might happen should that subsidy hit the threshold.
Paul Scully
To avoid the bureaucratic burden I talked about, the clause allows for a limited degree of modification without reassessment. That creates the right balance, and public authorities would need to determine whether the change is just administrative or not.
Permitted modifications do not have to be reassessed, and therefore it would not need to be considered whether they bump into subsidies of interest or subsidies of particular interest, for example, because those criteria apply only to new schemes. The public authority will have already carried out an assessment of compliance with the principles and other requirements for all the subsidies and schemes, so the increase in value is unlikely to meaningfully alter that. Clearly, if a public authority was attempting to mislead or exploit that as a loophole, it could be subject to judicial review on general public law grounds.
Seema Malhotra
I may have said in my remarks that amendment 85 scrapped subsection (3)(g), but it was amendment 84, as the Minister has outlined. It is important for our deliberations that the point raised by the hon. Member for Aberdeen North is addressed in writing. It is a fundamental point, and there does seem to be a loophole. Surely, we would not want an inefficiency in the regime that could mean public money being pushed through that little loophole by design. An increase of 25% is significant and could result in the subsidy being pushed over a particular threshold against the requirements of the legislation. Surely, we should design out loopholes rather than designing them in. It would be important, for the purposes of our deliberations and to have confidence in the regime, if the Minister were able to address that point, in writing, for the Committee.
On the Minister’s point about “unlikely to”, surely we do not want to design a system based on things that are unlikely. The way the legislation is drafted could incentivise particular behaviours. We do not want a regime or legislation that make more likely things that we want to be unlikely. There is a small financial incentive for people to look at ways of working around the legislation.
Paul Scully
I am happy to formally write again to clarify the situation, if necessary, but I am pretty sure that I would be repeating what I have just said in response to the hon. Member for Aberdeen North, which will be in the Official Report.
The likelihood and unlikelihood point goes back to the fundamental issue of the regime being a permissive one. If we regimented everything, we would be recreating the EU state aid scheme, which is far more prescriptive.
On the comments about the increases in values and times, let me cover why we believe that the 25% increase is appropriate. Even the strictest subsidy control regime in the world provides for the types of permitted modifications that are included in the clause. The EU state aid regime allows for an increase of up to 20% in the original budget of an existing aid scheme before public authorities need to notify and seek approval from the EU Commission. As I have said, the regime in the legislation is a far lighter-touch regime. I do not mean to suggest that we should start benchmarking every aspect of our subsidy control framework against EU state aid rules, but it is worth noting that the amendments would make the UK’s rules on modifying subsidies far more restrictive than the previous bureaucratic rules. By providing for that level of budget uplift, clause 81 will help to reduce unnecessary processes and provide maximum certainty to public authorities and recipients of subsidies.
As I stated when addressing the preceding amendments, clause 81 allows for permitted modifications to be made for subsidies or schemes without them being treated as a new subsidy or scheme. Amendment 84 would remove from the list of permitted modifications the extension of a subsidy scheme by up to six years. Any extension to a scheme beyond the date on which it would otherwise have been terminated would therefore be treated as a new scheme.
There will be times when public authorities, in monitoring the outcomes of a subsidy scheme, decide it is beneficial to moderately prolong the length of the scheme. If a public authority incurs delays in rolling out the new scheme, for instance, it may wish to bridge the gap by extending the existing scheme. It is appropriate to provide public authorities with the ability to extend a scheme without requiring an assessment against the subsidy control requirements, as an extension of up to six years is unlikely to greatly increase any negative effects stemming from the scheme.
Seema Malhotra
It is important to recognise that if there are to be permitted modifications, they should be designed with transparency in mind, and with ways of tracking how and where they are used. The Minister has just said that the EU regime allows a 20% budget uplift and has an approvals process. The Government are proposing a 25% uplift, but there does not seem to be any clarity in the legislation about the publication of any decisions. Do the Government envisage that, in the event of a permitted modification—of over 5% or 10% of the budget, say—there will be public knowledge of that decision, and if so, where would that information be published?
Paul Scully
Other tools exist to provide the transparency in public authority spending, such as the data published by local authorities under the local government transparency code. The regime is not intended to replace other mechanisms for ensuring that we have transparency and good management of public money.
I do not want to compare and contrast every single element of the regime against the EU, but on timescales, the Committee may find it useful to know that the EU state aid regime also allows for prolongation of an existing scheme by up to six years. The amendment would therefore make the UK’s rules around the modification of subsidies and schemes much stricter than those under the EU without bringing any corresponding benefit. I therefore request that the amendment be withdrawn.
Kirsty Blackman
I appreciate the Minister’s attempt to explain the 25% and what would happen should the subsidy increase above a certain threshold. However, I would very much appreciate it if he would write to us about what is likely to happen should that threshold be hit.
Subsection (3)(g) specifically relates to the length of time for subsidy scheme extensions. An enterprise could conceivably not have existed during the original term of the subsidy scheme but be later affected by the extension of the scheme, with no ability to challenge that scheme because the extension gives no opportunity for it to be challenged. This is not only about the length of time. We discussed the way in which individual subsidies made within a scheme cannot be challenged. It is distinctly possible that that could inadvertently distort competition for new enterprises that pop up during the period of a scheme and so have no ability to challenge it and no recourse to make their concerns known, because a system just does not exist for them to do so if they are outwith the period of being able to challenge the original scheme. If a scheme is not classed as new but extended, there is a bit of a problem.
I understand what the Minister says about the EU, and I assume—although he did not say this—that six years was likely chosen because that is analogous with the length of time the EU gives. However, because of the differences between this scheme and the EU state aid scheme, lifting the same number of years does not work as well as it could, because individual subsidies cannot be challenged. Only the scheme can be challenged, and there will be no ability for new enterprises to challenge the schemes, even though they may have a major distortive effect on competition.
Seema Malhotra
I thank the hon. Lady for her comments. We are extremely concerned about the Government’s lines on this. I do not think there has been any clear explanation, nor any proper assessment of what this could mean and how it could create quite a significant loophole. We will push amendment 83 to a vote.
Question put, That the amendment be made.
Paul Scully
The clause allows for limited amendments to be made to subsidies or schemes, referred to as permitted modifications. They can be made to subsidies made under the terms of the Bill or to legacy schemes and withdrawal agreement schemes. Modifications are also permitted to legacy and withdrawal agreement subsidies or schemes in accordance with their terms. They can involve an increase of up to 25% of the original budget or the extension of a subsidy scheme by up to six years.
Seema Malhotra
The holes in this clause are bigger than those in a big piece of Swiss cheese, and I am concerned about that. We will not be voting against it, but if we had an equivalent of abstain, we would be doing that.
Question put and agreed to.
Clause 81 accordingly ordered to stand part of the Bill.
Clause 82
Gross cash and gross cash equivalent amount of financial assistance
Question proposed, That the clause stand part of the Bill.
Paul Scully
The clause enables the Secretary of State to make secondary legislation to establish how gross cash and gross cash equivalent are to be determined when designing a subsidy or subsidy scheme. It is important to establish a common method for use by public authorities in calculating gross cash and gross cash equivalent values. The Government will set out a methodology to calculate gross cash and gross cash equivalent in regulations that are as clear and simple as possible and subject to the negative procedure.
Seema Malhotra
The clause is important and we support it.
Question put and agreed to.
Clause 82 accordingly ordered to stand part of the Bill.
Clause 83
Minor amendment to the Financial Services Act 2021
Question proposed, That the clause stand part of the Bill.
Paul Scully
The clause makes consequential amendments to the Financial Services Act 2021, in relation to regulated activities in Gibraltar within the scope of the Act. In doing so, the clause ensures that the meanings of “insurance company”, “deposit taker” and “insurer” used in the Bill reflect definitions used in the 2021 Act.
Seema Malhotra
I thank the Minister for his remarks. We will be supporting the clause.
Question put and agreed to.
Clause 83 accordingly ordered to stand part of the Bill.
Clause 84
Financial provision
Question proposed, That the clause stand part of the Bill.
Paul Scully
The clause establishes that expenditure incurred under the terms of the Bill in connection with the subsidies database, established under clause 32, is to be paid out of money provided by Parliament. It also establishes that expenditure, as a result of the CMA carrying out its functions, under or by virtue of part 4 of the Bill, will be paid for out of money provided by Parliament.
Seema Malhotra
I thank the Minister for setting out how clause 84 will ensure that the costs incurred by the Bill will be met by Parliament. We support the clause.
Questions put and agreed to.
Clause 84 accordingly ordered to stand part of the Bill.
Clause 85
Crown application
Question proposed, That the clause stand part of the Bill.
Paul Scully
The clause establishes a customary provision that the Bill applies in full to the Crown. As part of this customary provision, the Crown does not include Her Majesty in her private capacity, Her Majesty in right of the Duchy of Lancaster, or the Duke of Cornwall.
Seema Malhotra
I thank the Minister for his remarks. We will be supporting the clause.
Question put and agreed to.
Clause 85 accordingly ordered to stand part of the Bill.
Clause 86
Power to make consequential provision
Question proposed, That the clause stand part of the Bill.
Paul Scully
The clause provides for the Secretary of State to make regulations that amend, repeal, revoke or otherwise modify existing primary or secondary legislation, including retained direct EU legislation, where such changes are consequential on the functioning of the Bill. It is important to note that regulations that change primary legislation or retained direct principal EU legislation are subject to the affirmative procedure. While the Bill makes provisions for changes to existing legislation, it is possible that possible technical changes to existing legislation may be required as a result of the Bill.
Seema Malhotra
I thank the Minister for his remarks. We have had various discussions over the course of the Bill about how regulations are to be made. Overall, we support the clause.
Question put and agreed to.
Clause 86 accordingly ordered to stand part of the Bill.
Clause 87
Regulations
Paul Scully
The clause sets out the parliamentary procedures that apply in relation to powers to make regulations conferred on Ministers by the Bill. It sets out the procedure that applies where a power is exercisable by affirmative or negative resolution. It makes clear that any power to make regulations in this Bill is not intended to limit the general implementation regulation-making power in section 31 of the European Union (Future Relationship) Act 2020. Finally, the clause does not apply to clause 91 of the Bill. Clause 91 deals specifically with the commencement of the Bill, and it is normal practice that commencement regulations are not subject to either the negative or the affirmative procedure.
Seema Malhotra
I thank the Minister for his remarks. Clause 87 sets out the procedures for when regulations are made under the Bill. We have expressed earlier our opposition to the lack of involvement given to the devolved Administrations; I will not repeat myself, but we continue to have those concerns. However, we will not vote against this clause.
Question put and agreed to.
Clause 87 accordingly ordered to stand part of the Bill.
Clause 88
Directions
Question proposed, That the clause stand part of the Bill.
Paul Scully
The clause establishes that any directions made under the Bill must be made in writing, and also makes provision for a direction to be varied or revoked by a subsequent direction if required.
Seema Malhotra
We have no further comments on this clause, and will be supporting clause stand part.
Question put and agreed to.
Clause 88 accordingly ordered to stand part of the Bill.
Clause 89
Interpretation
Question proposed, That the clause stand part of the Bill.
Paul Scully
The clause establishes the definitions used for various terms within the Bill, whether those terms are defined elsewhere in the Bill or in external sources of law. It also explains how a trade and co-operation agreement or a supplementing agreement should be interpreted by a court or tribunal that is interpreting a provision of this Bill.
Seema Malhotra
I thank the Minister for his remarks. Throughout some of our discussions, the fact that we have not had greater definition of some of the terms used in the Bill has been a challenge, but we will support clause stand part. I hope that some of the more detailed definitions will come forward as soon as possible.
Question put and agreed to.
Clause 89 accordingly ordered to stand part of the Bill.
Clause 90
Extent
Question proposed, That the clause stand part of the Bill.
Paul Scully
The clause establishes that, barring one exception, the Bill extends to England, Wales, Scotland and Northern Ireland. The one exception is clause 48(3) of the Bill.
Seema Malhotra
We obviously agree with this clause. It is a shame that a four-nations approach has not come forward in the drafting of some of the Bill, but in any case, we are not opposing clause stand part.
Question put and agreed to.
Clause 90 accordingly ordered to stand part of the Bill.
Clause 91
Commencement
Seema Malhotra
I beg to move amendment 87, in clause 91, page 50, line 26, at end insert
“which must be no later than six months following the day on which this Act is passed.”
This amendment would require that the Act comes into force no later than six months following Royal Assent.
The Chair
With this it will be convenient to discuss amendment 25, in clause 91, page 50, line 26, at end insert—
“(2A) The Secretary of State may not make regulations to bring the rest of this Act into force until—
(a) regulations under section 34 and section 52 of this Act have been made and been in force for at least three months; and
(b) guidance under section 79 of this Act has been issued and publicly available for at least three months.”
This amendment allows a period of three months after the issuing of regulations relating to the subsidy database and mandatory referrals, and the publication of guidance, before parts of the Act come into force.
Seema Malhotra
We broadly support clause 91, which sets out which parts of the Bill will come into effect and when. We recognise the need to establish when and how various parts of the Bill will come into force. However, at the same time, we want to ensure that this important new regime is not implemented unnecessarily slowly, because the implementation of legislation can sometimes get delayed when it is not at the forefront of Parliament’s attention. The Bill is fundamental to supporting the levelling-up agenda, which is of great concern to us all, and net zero implementation. That is still a disappointment—I am sure we will come back to the need for net zero to be more explicit in the principles. It is important that we move forward as quickly as possible to ensure certainty in the subsidy control regime, and that we support research and investment. All of those measures are necessary. In this low-growth environment, it is important to get investment, and the necessary incentives for it, as soon as possible.
An interim subsidy regime is in now place, but it does not provide the guidance or reassurance necessary for the long-term effectiveness of subsidies, nor does it take advantage of the potential opportunities provided by designing and scoping a new regime now that we have left the European Union. Amendment 87 would mandate that the Bill comes into force no later than six months following Royal Assent, reflecting the important need to make quick progress on introducing the regime, the guidance and the regulations. There should be no avoidable delays. It is important that the guidance is introduced in good time so as to ensure that the Bill receives proper scrutiny as it continues its passage through Parliament.
I expect that the hon. Member for Aberdeen North will speak to amendment 25. We want to make sure that the process moves more quickly, and there is a discussion to be had about the best way to make that happen. I would be grateful if the Minister could outline the Government’s planned timetable for bringing the Bill into force and the important and necessary steps they will take as part of that road map.
Kirsty Blackman
Very unusually, although we are discussing two Opposition amendments, we disagree with one of them. I cannot support amendment 87. As I have said on a number of occasions, I am concerned about ensuring compliance with the regime. There will be compliance only if people have a good understanding of the regime before it kicks in. I do not have a problem with the period following Royal Assent being more than six months, because I would rather that organisations such as public authorities had the time to digest the guidance and regulations in order to be able to adequately comply. We do not want people to accidentally not comply.
I understand the Opposition’s desire to push forward, given the current interim regime, but it is important to get this right. I do not think any of us are comforted that we will be able to judge whether there is a high level of compliance with the regime. The Minister expects that that will be the case, but the lack of transparency data means that it will not be terribly easy to judge the situation.
Under amendment 25, which we have tabled, the Secretary of State would not be able to make regulations to bring the rest of the Bill into force until regulations under clauses 34 and 52 had been made and been in force for at least three months. Those clauses relate to mandatory Competition and Markets Authority referrals and the operation of the subsidy database. It is really important that both those measures are well understood in advance of the rest of the provisions coming into force, which is why the amendment seeks a three-month time period, so that everyone is able to comply.
The second condition that the amendment would require, where I am asking that guidance be in place for three months, is about guidance under clause 79. We spoke at some length during the debate on clause 79 about our concerns. It was useful to have the Minister confirm that the Secretary of State will be making guidance on a number of those things, despite the fact that the word “may” is in there. That is a helpful clarification for us, but it is important that that guidance is published.
I am pleased that the Minister plans to ensure that there is significant consultation and that the asks that come forward are considered. If somebody asks for specific guidance about a specific area because they know it is something they are likely to be dealing with on a regular basis and they are a regular granter, or likely to be a regular granter, of subsidies under this regime, I would like the Minister to have the opportunity to consider that. However, I would also like to ensure that there is a period of time, in advance of people being expected to comply with the regulations and guidance put forward, for them to digest them.
That is particularly important when we look at the operation of the subsidy control database and the method of challenging things on that database. People have only a short period of time—one month—to make those challenges and ask for pre-action information to be brought forward. The Minister’s stated aim is to reduce the length of the period of uncertainty, but the likelihood of there being uncertainty or challenges is increased if organisations do not properly understand the guidance. We all know that lawyers take a significant amount of time to digest things and to give the necessary advice to organisations.
As was stated during the witness sessions, the legal profession will have to do a huge amount of work to ensure that they are giving appropriate advice to organisations that are looking either to grant or to challenge subsidies. I do not think it would be appropriate for the regime to begin in the autumn, as the Minister has stated that the Government hope it will, without there being that period of time in advance.
All the indications the Minister has given are that it is likely that there will be a period of time in advance—that he is hoping that there will be and that consultation will happen. I tabled this amendment to try to ensure that that will definitely happen in the specific areas that are important for organisations to be able to properly understand the guidance in advance. I am not trying to cause us problems or to make the Bill take longer to come into force; I am just trying to ensure that people are able to act in the way the Government would like them to act with this Bill and that anybody whose interests are affected by the giving of a subsidy is able and understands how to adequately challenge those subsidies.
Paul Scully
Rightly, the hon. Member for Aberdeen North does not want to extend the Bill—she has extended the Committee, but that is fair enough—
Paul Scully
She has raised some really important points and it is important that she gets them on the record, because we have a shared aim to ensure that we get this right and make it work for the entire UK.
Amendment 25 would amend clause 91 to require the regulations to have been made and been in force for at least three months ahead of commencement of the new regime. I thank the hon. Lady for the amendment and I recognise her desire to ensure that the guidance on the new regime alongside regulations on the subsidy database and mandatory referrals are in place in good time for public authorities to familiarise themselves with the content.
I share that desire for those regulations to be in place in good time, alongside the clear guidance for public authorities, but I do not agree that it is necessary to restrict when the regime can commence based on those regulations having been in place for a three-month period. Of course we will continue to support and advise public authorities after regulations are made, but we will also ensure that when the Act is commenced, public authorities have a clear understanding of what is required of them under the new regime. That will include having robust guidance and regulation in place.
Amendment 87 would require that the Act comes into force no later than six months following Royal Assent. We recognise the importance of ensuring that the regime is fully operational in a timely fashion, so that public authorities have certainty about how the regime operates and are appropriately supported in interpretating the regime with sufficient guidance. It is not in the interest of Government or public authorities to delay commencement of the regime unnecessarily.
We will ensure that the subsidy control regime is in place as soon as is feasible, while allowing sufficient time for regulations to be made with a proportionate amount of lead-in time for public authorities. Establishing a specific deadline for implementation would remove the flexibility to modify the commencement date if it were in everyone’s interest to do so—for example, if there were an emergency that significantly diverted Government resources or if the deadline fell during the Christmas or summer holidays.
Although seeking to place different restrictions on commencement of the new regime, these amendments serve to highlight the complexity of implementing the Bill and how important it is that the Government get it right. We will ensure that the regime is introduced in good time and that those who need to use it have time to prepare. However, placing these additional restrictions on when commencement can occur would be disproportionate and unnecessary. Therefore, I request that the hon. Member for Feltham and Heston withdraw amendment 87.
Seema Malhotra
I thank the Minister for his remarks. Amendment 87 is a probing amendment, and I hope he will be able to lay out a broad timetable as to what will happen after Royal Assent and what we can expect. I am sure that officials will be starting to map out the necessary activity. It would be helpful to know what may come out and in what order. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Paul Scully
Clause 91 establishes which parts of the Bill will come into effect and when. It provides the Secretary of State with a power to bring certain provisions of the Bill into force by commencement regulations. Any power to make regulations under part 2, 3 or 4 or chapter 1 and chapter 2 of part 6 come into force on the day of Royal Assent. The clause also provides a power for the Secretary of State to make transitional or saving provisions in regulations when the Act comes into force, if that is necessary.
Seema Malhotra
We support the clause.
Question put and agreed to.
Clause 91 accordingly ordered to stand part of the Bill.
Clause 92
Short title
Question proposed, That the clause stand part of the Bill.
Paul Scully
The clause establishes a short title for the Act, which is the Subsidy Control Act 2021.
Seema Malhotra
It is an excellent title, and we support the clause.
Question put and agreed to.
Clause 92 accordingly ordered to stand part of the Bill.
New Clause 1
Subsidy Control Principles: statement to Parliament
“(1) Within six months of the opening of a new Parliament, the Secretary of State must make a written statement to Parliament on the subsidy control principles.
(2) The statement must include details of—
(a) any legislation the Government intends to bring forward to change the Subsidy Control Principles; and
(b) any changes the Government intends to make to guidance under section 79 of this Act.”—(Kirsty Blackman.)
This new clause requires a new Government to make a statement to Parliament about any changes it intends to make to the subsidy control principles.
Brought up, and read the First time.
Kirsty Blackman
I beg to move, That the clause be read a Second time.
This new clause is not unlike ones I have tabled in previous Committees, including the customs Bill Committee. The idea behind the new clause is to ensure that there is more accountability from Governments at the opening of Parliament in the event that they will intend to make changes to the subsidy control principles.
We have been clear about the way in which the regime works. The principles are fundamental. Should there be changes to the subsidy control principles, that would be pretty significant and would fundamentally alter the operation of the regime. Should the Government or a future Government be keen to make changes to the principles contained in the Bill, it would be reasonable for as much notice as possible to be given to Parliament and those who are likely to be operating within the Act.
New clause 1 states:
“Within six months of the opening of a new Parliament, the Secretary of State must make a written statement to Parliament on the subsidy control principles.”
It must include details of:
“(a) any legislation the Government intends to bring forward to change the Subsidy Control Principles; and
(b) any changes the Government intends to make to guidance under section 79 of this Act.”
I would expect that if the Government were making drastic changes to subsidy control principles, they would want to give as much notice as possible. There is no doubt that if it was at the start of a new Parliament, any change would likely have been a manifesto commitment that they stood for in election, so it would be uppermost in their minds any way. I cannot imagine somebody wanting to alter drastically the operation of the subsidy control regime without mentioning it during an election campaign. That is not to suggest that people will necessarily want to make changes to the subsidy control principles; I do not know that they will want to. But we will not have this Government for ever—thank goodness—and different Governments will potentially make different decisions on subsidy control.
Chair, just before I end my remarks, I will just say thank you to everybody who has supported us through our consideration of the Bill and everybody who has spoken during our debates. Despite the fact that only three of us have dominated proceedings and spoken at length—as well, Chair, as your colleague, Mr Sharma; so, four of us perhaps—we are about to wrap up early and not go to the end of this day, which is surely testament to the excellent chairing.
Paul Scully
The subsidy control principles sit at the heart of the domestic regime. They will be underpinned by statutory guidance issued by the Government ahead of the regime’s commencement. I agree that there is no notion that this Government or indeed any Government in the foreseeable future would wish to modify the subsidy control principles; the principles should endure with Governments of any stripe or colour. They are common sense, they ensure good value for money and they help to protect the UK internal market, so I am confident that they will stand the test of time.
However, in the unlikely event that the Secretary of State wished to modify the principles, I do not believe that this amendment would strengthen the scrutiny function of the House. The provisions of the Bill do not confer delegated powers that would enable the Secretary of State to modify and/or remove any of the principles, so any future changes would require the Government to introduce amending legislation and to conform with the necessary parliamentary processes and scrutiny that that would entail.
Guidance issued under clause 79 may of course be updated and revised, and that guidance may need to change in the future to reflect different future practices, or additional information for public authorities, and it is also necessary that that guidance is quickly updated should circumstances change. I do not believe that a statement at the beginning of each new Parliament would necessarily be the right time to announce those changes.
For the reasons that I have set out, I ask the hon. Lady to withdraw the new clause.
Kirsty Blackman
I thank the Minister. I will not push the new clause to a vote, but I will just point out that there are problems with the ability to scrutinise delegated legislation; it is not the most robust procedure in Parliament, as anybody who has sat through Delegated Legislation Committees will know. It is very different from being on the Floor of the House, and something like a written statement would mean that all parliamentarians would have the ability to scrutinise, understand and consider any changes that are likely to come through.
Nevertheless, I appreciate the point that the Minister has made that it is unlikely that there will be changes to the subsidy control principles and that any currently foreseeable or potential future Governments are unlikely to make changes to those principles. So, as I say, I will not push the amendment to a vote.
I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
Seema Malhotra
I do not wish to push new clause 3 to a vote today.
New Clause 4
“Secretary of State and Devolved Administrations: requirement to report
‘(1) The Secretary of State, Scottish Ministers, Welsh Ministers and Northern Ireland Department of Economy shall each report annually on subsidies and schemes which they have made.
(2) All reports made under subsection (1) shall be published.” .—(Seema Malhotra.)
This new clause would require the Secretary of State and devolved Administrations to report annually on subsidies and schemes they make.
Brought up, and read the First time.
Seema Malhotra
I beg to move, That the clause be read a Second time.
New clause 4 would provide for greater transparency under the new regime by mandating the Secretary of State and each of the devolved Administrations to publish annual reports on the subsidies and schemes they have made during the previous year. In our view, that would ensure that interested parties and the public generally are made aware of how their ruling bodies are using public money through subsidies and for what purposes. I am sure that the Minister recognises that transparency is important and that he will agree with Professor Rickard, who said that through transparency we can get better compliance and better value for money, and we can help to ensure that subsidies that have been granted better meet the goals that we are setting out to achieve.
Over the past few weeks, the Minister will have seen all too much, I am sure, both in the Chamber and in the news, the concerns in relation to whether public funds have been used in the way they should be, how contracts have been allocated and so on. I am sure that there will be a keenness to prevent any perceived or potential misuse of public funds or lack of transparency and to ensure that there can be adequate reporting of decisions that are made, particularly on larger subsidies by Administrations.
We will not necessarily press the new clause to a vote today, partly because we think that the issues raised by it could be absorbed within the discussions that we had about the role of the CMA in its reporting and the discussions that we had about the Minister, I think, putting in writing what he would see and how the reporting cycle might work. There may be ways to deal with some of these concerns—depending on what the Minister says—in the rounds of those discussions that we have talked about.
I will just mention also the way we see the CMA having a role. I have not moved new clause 3 today because I think we will want to bring that back. There will be ways in which we look in the round at the role of the CMA and its powers on decision making, advice and reporting. I look forward to the Minister’s response.
Paul Scully
Transparency is absolutely an important part of the new subsidy control regime. It is right, therefore, that it has been a significant part of the discussion during Committee. It is key to the enforcement provisions in the Bill. We have thought carefully about the reporting requirements that we place on public authorities, to get the balance right. Other tools for general public authority financial transparency exist elsewhere already and are not limited to subsidies. We are trying to find the right balance between transparency and burdens on public authorities, as we have said. Although the subsidy database is still a relatively new tool, public authorities, including Departments and the devolved Administrations, are already using it and uploading information about the subsidies that they award. The database is a one-stop shop where both interested parties and the public can see the required subsidies awarded.
The new clause risks duplicating public authorities’ transparency obligations through the making of an unnecessary report on granted subsidies in a way that risks confusing interested parties and undermining the streamlining of subsidy transparency that our one-stop database provides. For the reasons that I have set out, it is neither necessary nor appropriate to include a statutory obligation for the Secretary of State and devolved Administrations to report annually on the subsidies and schemes that they make. Therefore, I request that the hon. Member withdraw the new clause.
Seema Malhotra
On the basis that there will be further discussion, that we do not want there to be administration that is more time-consuming than it needs to be and that we will revisit the way we can have a very efficient reporting regime, I will withdraw the motion. I am not sure whether I will be speaking again—I am not sure of these final few stages—but perhaps I can take this opportunity to echo the comments from the hon. Member for Aberdeen North by thanking you, Ms Nokes, and Mr Sharma, who also chaired the Committee; all hon. Members who have contributed and been part of our deliberations; and the Clerks, Hansard and so on for helping to make the process extremely efficient. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
Question proposed, That the Chair do report the Bill, as amended, to the House.
Paul Scully
I thank you, Ms Nokes, and Mr Sharma for your excellent chairmanship and getting us through this process efficiently and effectively. I also thank the witnesses and all members of the Committee, who have allowed us to go through significant scrutiny and to have significant discussions; the Clerks, the Hansard Reporters and the Doorkeepers for ensuring that we have been well looked after; of course my officials, who have done an incredible job to get us to this point efficiently; and of course the Whip—what an amazing Whip. Both Whips have been remarkable in getting us through this process.
Seema Malhotra
I echo the Minister’s thanks to our witnesses. They gave us very good evidence at very short notice. I also thank both the Whips. We have hugely appreciated how they have managed time well. I also thank our staff—on our side, in particular, Francesca Sellors and Dan Jones—who have helped to ensure that we have had everything in time for the Bill proceedings, because it has been a journey.
Question put and agreed to.
Bill, as amended, accordingly to be reported.
Westminster Hall
(2 years, 5 months ago)
Westminster HallRead Full debate Read Hansard Text
Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Backbench Business
(2 years, 5 months ago)
Westminster HallRead Full debate Read Hansard Text
Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Automated External Defibrillators: Public Access
(2 years, 5 months ago)
Westminster HallRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Mr Philip Hollobone (in the Chair)
Before we begin, I am required to read out some advice from Mr Speaker. I remind Members that they are expected to wear face coverings when they are not speaking in the debate. That is in line with current Government guidance and that of the House of Commons Commission. I remind Members that they are asked by the House to have a covid lateral flow test twice a week if coming on to the parliamentary estate. That can be done at the testing centre in the House or at home. Please also give each other and members of staff space when seated and when entering and leaving the room.
Jim Shannon (Strangford) (DUP)
I beg to move,
That this House has considered public access to Automatic External Defibrillators.
I am pleased to see many hon. Members from all political parties in the Chamber. I will also say, because I mean it, that I am especially pleased to see the Minister in her place and I look forward to her response. She understands the importance of the debate. Each hon. Member who speaks will illustrate the strength of the need for the Government and—dare I say it—civil servants to understand the importance of the debate. If they understand it, and if the Government press the issue, the general public will be glad to see it happening.
It is a pleasure to have this debate before the Second Reading of the Automated External Defibrillators (Public Access) Bill on 10 December. I thank the Backbench Business Committee for granting my application. The intention is to deliver public access to AEDs across the whole United Kingdom. All MPs will have at least one person in their constituency who has been saved by an AED.
I am grateful to the hon. Member for Sedgefield (Paul Howell) who co-sponsored the debate and supported me in making it happen. I appreciate his co-operation, partnership and friendship. He made representations to the Committee alongside me and shared his own experience, which he will tell us about shortly. He has referred to the dedicated work of his constituent Councillor David Sutton-Lloyd, who advocates and lobbies with him about the importance of awareness and public availability of these lifesaving devices.
Margaret Ferrier (Rutherglen and Hamilton West) (Ind)
In my constituency, Councillor Mo Razzaq has been championing the cause and has fought hard to improve provision, which has led to a community defibrillator installation outside Strachan Craft Butchers in Blantyre. Does the hon. Gentleman agree that locally elected representatives can be instrumental to the cause?
Jim Shannon
I appreciate the hon. Lady’s intervention about the importance of councillors, which I will return to, such as the friend of the hon. Member for Sedgefield. Communities lead on such matters.
There are many defibrillators across great parts of the United Kingdom of Great Britain and Northern Ireland, but the Bill legislates so that everyone must have one in place. There is no cost to the Government; the Bill just puts in place the necessity to do it, rather than saying that it must come from community activities or otherwise.
To give an example from my constituency, in Newtownards some of the shop owners got together and spent £1,000 on a defibrillator, which is available on the high street in the middle of town. Every school in Northern Ireland has a defibrillator. As I will say later, I had a meeting with the former Secretary of State for Education about this issue, and he was committed to it in that role.
I am deeply encouraged by and thankful for the amount of support for the Bill on both sides of the House. I thank hon. Members present for contacting me to offer their support and for suggesting that I hold a debate before Second Reading. The purpose of the debate is to raise awareness and to build the campaign outside the House. We are all able to point to many cases. It is a fundamental aspect of our democracy that Members are able to scrutinise and debate proposed legislation. This debate offers Members the chance to do just that. I have worked with the Minister and look forward to continuing that work to bring this important piece of legislation forward—to bring this ideal into reality. If we can do that, and deliver across the United Kingdom, I will be more than pleased.
Since the Bill’s First Reading, I have been overwhelmed by the amount of support. Support has come from across the House—from all sides, from all parties—which is a reflection that it is welcomed across society. I thank all Members who wrote to the Secretary of State for Health and Social Care urging him to engage on this issue. I was able to meet the Secretary of State to discuss the Bill and he demonstrated his sincere support, which we appreciate. The members of the public and people in industry who have contacted me—I have held meetings with as many as possible over the past few months—are the driving community spirit behind this Bill. The hon. Member for Rutherglen and Hamilton West (Margaret Ferrier) referred to that community spirit. It drives us as constituency MPs.
I thank the Minister for her invaluable contribution. I thank Tom, Sandra and Daniel from Stryker, Matthew Spencer from Healthcomms Consulting, Greg Quinn from BD, Sarah French from SADS UK, Gabriel Phillips of APCO Worldwide, Iain Lawrence from Aero Healthcare UK, Sudden Cardiac Arrest UK, as well as the Arrhythmia Alliance, the Community Heartbeat Trust and British Heart Foundation Northern Ireland. I suspect most of those bodies have already contacted the Minister, as well as her local community and other community groups.
I have been interviewed by university students about the Bill. This demonstrates the concern and interest of a wide cross-section of society about the need for public access to AEDs. I am very grateful for their interest and for broadening my knowledge. No matter what age I am, I will always learn. Today I learn more, and the next day more again. I have an open and active mind, and I want to respond and to learn things that we can use in this House for the benefit of everyone. They taught me about the consequences of a lack of awareness of and training in cardiopulmonary resuscitation, which added to my knowledge and understanding of sudden cardiac arrest.
There is momentum growing, not only from The Mirror, which has its own campaign. I turned on the Denmark match at the Euros and did not realise what had happened. I was trying to figure out what was happening on screen, as I had missed the first 30 minutes or so of the match. I thought somebody had got hit on the head by a bottle thrown from the crowd or something. The Danish team were all around Christian Eriksen, and I realised that he had had a heart attack. That day, an AED saved his life, because it was there. The Premier League has donated 2,000 AEDs or thereabouts, aiming for them to filter down to some of the junior clubs. There is definitely a growing momentum out there.
I want the debate today to be marked by hope and commitment, but also by respectful demand. We should all support this issue. I am in no doubt as to the wishes of people in the community with regard to the proposed legislation, its importance and the need to have it in place now.
Mrs Pauline Latham (Mid Derbyshire) (Con)
This is an incredibly important debate. Does the hon. Gentleman agree that AEDs should be put on public buildings? Those buildings are not open 24/7 and the AEDs should be accessible to the public 24 hours a day, so they should be on the outside of the building. Does he also agree that if every child in school had one hour’s training in CPR every year, we would have far fewer deaths? A combination of those two measures would save many more lives.
Jim Shannon
I do agree, and I think there would be a positive consensus in the House on that. I will give an example later of how an AED in a school saved a life in my constituency. I have two examples to illustrate the point.
I have seen over the past year how we have begun to address the importance of CPR training, to which the hon. Lady referred, and AED availability. I agree with her. The AED in Newtownards is in the street, but it could have been in the shop, which closes at six o’clock, so from 6 pm to 9 the next morning it would not have been available. The hon. Lady is right about what should be done.
The right hon. Member for South Staffordshire (Gavin Williamson) backed the campaign, in his former role as Secretary of State for Education, to see all schools equipped with defibrillators. I believe that has been accomplished. I was encouraged by that, as we are trying to do it back home as well. However, it is not just about primary schools; it is about having AEDs available in streets, shopping centres, Government and local government buildings, and leisure centres. The Bill says that they should be available, but it does not put a cost factor on it. To make this happen is a win-win for the Minister and the Government.
I will explain where the campaign came from. The Minister will remember that we met with Mark King, of the Oliver King Foundation, whose 12-year-old son Oliver died of cardiac arrest during a school swimming lesson in 2011. I was incredibly moved, as I know the Minister was, by Mark’s experience. I was motivated too by his commitment to installing AEDs as far and wide across the community as possible. I know that he will be watching the debate today, and it will be a poignant one for him. Throughout this journey, I have stayed in touch with the foundation. I want to remind Members that this Bill was inspired by a young fella called Oliver King—a 12-year-old—and that we bring this debate to the Chamber in the hope of ensuring that Oliver’s legacy continues.
I am encouraged that in Northern Ireland, the Education (Curriculum) (CPR and AED) Bill has reached its second stage. This is not about politics; it is about the issue. That is the way I see things. I am a political person, of course, but what drives me is asking what is the right way to do things—that is important. One of my colleagues who is not of my party, Colin McGrath MLA, has brought the Bill to the Northern Ireland Assembly. We have worked together; he was keen to know what I was doing and I was keen to assist him back home in the Assembly. He has expressed his best wishes for the Bill, because it is just as important for children to acquire the CPR and AED skills that the hon. Member for Mid Derbyshire referred to, as it is for adults. It is good to see a devolved Administration talking, taking this on and encouraging others to follow suit.
I believe in acts and not just words. Very shortly, the hon. Member for High Peak (Robert Largan) and I will be doing an AED instruction session in the House, when we are able to. I am not sure when that will be, but we are hoping to do it this side of Christmas—the idea is to have a date that coincides with the Bill’s Second Reading on 10 December. It will be with David Higginbottom of Driver First Assist. My staff and I back home will also be taking part in a CPR and AED training session in the office in Newtownards led by Mrs Pauline Waring, superintendent of the St John Ambulance Dufferin Cadet Unit in Bangor. She, along with many other volunteer leaders, does incredible work with St John cadets by training them in first aid and lifesaving skills. It is always good to remember that the St John Ambulance is voluntarily staffed and funded by its own efforts; I encourage Members to engage with their local St John Ambulance if they can.
The hon. Member for Sedgefield, in his representation to the Committee for this debate, raised the very important point that many people are afraid of AEDs. They should not be, and that is why the training is important. Right away, people ask, “Will I know what to do?”. They will know what to do, because it is quite simple. I am not being smart by saying that; the instructions are really easy—they are easy for children to use as well, if that is necessary. People will learn that AEDs and CPR cannot do any harm; they can only do good. That is the motivation. I refer again to my message of hope for this debate, because anything that equips and inspires our young—anyone, in fact—to do good for the community carries the spirit of hope.
I want to raise some important facts about AEDs and CPR because they are two of the links in the “chain of survival” referred to in the UK Resuscitation Council’s updated guidelines. The third link is targeted temperature management. I want to touch on TTM here because I have been made aware of how this impacts on the recovery process. While the focus of this debate is on promoting the prevalence and availability of AEDs in public spaces and buildings, it remains essential that we consider the whole “chain of survival” once a person has experienced a cardiac arrest and been resuscitated.
In my constituency of Strangford one Saturday afternoon at a football match, one of the supporters collapsed at the side of the pitch. I spoke about this at the debate on the ten-minute rule Bill in February. What saved that man was the fact that the club had a defibrillator at all its matches. That is characteristic of all football matches in my region. People were able to resuscitate that man and he is alive today because the Portavogie football team and one of its staff members were able to get him back. He is alive today and can still attend football matches.
I want to give another example, but I am conscious of the time and other Members want to speak. A father was outside a school after leaving his children there. Unfortunately, he then had a heart attack. The children were inside and did not know what was happening to their daddy. The school had a defibrillator and, again, access to an AED saved that man’s life—he is alive today. Not only is he alive; he is able to continue taking his children to school.
I have given two examples, and I know that other Members will have lots of their own. It is hard not to get enthused about this issue, because of the clear benefits. I have referred to Christian Eriksen who collapsed at the football match. I acknowledge and praise the hard work and unfailing efforts of the Minister, who brought forward legislation in 2016 and 2019. Her support is needed if we are to get this done.
In May 2021, the Italian Government passed legislation requiring all offices open to the public with more than 15 employees, transport hubs, railway stations, airports, sports centres and educational establishments—schools, universities and all those places—to have public access to AEDs. In France, a Bill was passed in 2018 requiring almost all buildings where people gather to have access to an AED, including restaurants and shopping centres. It went a stage further by including holiday centres, places of worship, covered car parks and even mountain refuges. In Singapore, AEDs are carried in taxis.
In this House, we are at an important stage. We have more AEDs per head than across the whole of the country—that is not a criticism, Mr Hollobone. I am not saying we should not have them, but I would like to see that replicated everywhere else.
Margaret Ferrier
Following cardiac arrest, for each minute that passes the chances of survival fall by a massive 20%. Outside urban areas, and certainly in very rural locations, ambulance call-out times are often much longer than a matter than minutes. Does the hon. Member agree that provision needs to be prioritised in rural areas?
Jim Shannon
I certainly do. Living in a rural area as I do, I know the hon. Lady is absolutely right. I would hope and expect that to be the case. I want to give others the opportunity to speak and will make my closing comments now.
Let us remember why we are here today. We are here because there are currently over 30,000 out-of-hospital cardiac arrests in the United Kingdom each year. Of those people, only one out of 10 will survive. I put it to the Minister, the Government and civil servants that I want—indeed, I think we all want—the other nine to survive as well. How can they survive? They can survive if we have access to AEDs in the places where people are, including in rural places. That is why we must push this forward.
What value do we put on a life? A typical defibrillator for the community can cost £800. The Library notes refer to the cost being between £600 and £2,500. However, across Northern Ireland, with the efforts of all the charities and groups I have mentioned, the defibrillators are already in place. I have also mentioned the efforts of organisations such as the Premier League and the Education Ministers here in Westminster and back home in Northern Ireland, and I suspect the same is true in Scotland and Wales as well. That is why, when the legislation is introduced, it will be to encourage those who have not yet gone to that extra stage to make sure that there are defibrillators. That is why this debate is incredibly important. If the cost is £600 or, as it is in Northern Ireland, £800, that is a small price for the Government and the private sector to pay potentially to save lives.
Is it not right that every leisure centre should have a defibrillator? Is it not right that there should be one in the centre of every town? Is it not right that defibrillators should be available and accessible in restaurants, and outside buildings for times when people are out and about, including to visit pubs and restaurants at night time?
There is a campaign called The Circuit, which registers all community AEDs. The sale of AEDs rose significantly after the Euros incident, and when AEDs are registered on a central database, emergency call handlers can direct callers to the nearest AED. The objective of this Bill is to have an AED within three minutes of everyone. That is what the hon. Member for Rutherglen and Hamilton West wants to have; indeed, I think it is what we all want to have.
The Bill does not cost the Government anything. I have said it three times now; forgive me for saying it three times, but I want to emphasise it and say why it is important. Here is a Bill that delivers across the whole of the United Kingdom of Great Britain and Northern Ireland. This Bill will save lives, which is why it is important.
I say to my hon. Friends—all the Members here are my hon. Friends; to be truthful, on this issue all Members are probably hon. Friends whether they are in the Chamber or outside it—that this proposed legislation is neither to the left nor the right of politics. It is about what is right and what is wrong. It is about our whole society and equipping it with the means to save lives. Can there be a more civilised or caring thing to do? If words could make the difference—I will use a quotation, but before I do so I will say one other thing.
Today, this House can support the campaign to deliver AEDs, at no cost to the Government. AEDs save lives. That is the purpose of the Bill—it is to save lives. It is about those nine out of 10 who die every year because the AEDs were not available. It is as simple as that. It is about saving lives. For me, that is the crux of it.
I say that life and death are in the hands of the Minister and her Government, and they would seem to be in the hands of civil servants too. So what action will those hands—the hands of Ministers, the Government and civil servants—take in the coming days when the Bill comes back to the House on 10 December?
I will close with very poignant words. I know that the Minister knows that they refer to wee Oliver King. His dad said, and I have never forgotten it:
“Had the swimming pool had an AED, my son, Oliver, would still be here today.”
That is what we are here for.
Mr Philip Hollobone (in the Chair)
The debate can last until 3 o’clock. I am obliged to call the Front Benchers no later than 2.27 pm and the guideline limits are: 10 minutes for the Scottish National party; 10 minutes for Her Majesty’s Opposition; 10 minutes for the Minister; and then Jim Shannon will have three minutes at the end to sum up the debate. So, until 2.27 pm, we are in Back-Bench time. Four distinguished Back Benchers are seeking to catch my eye and we will start with Rob Roberts.
Rob Roberts (Delyn) (Ind)
Thank you, Mr Hollobone, for calling me to speak and it is a pleasure to serve under your chairmanship.
I congratulate the hon. Member for Strangford (Jim Shannon) on securing this debate on such an important matter; as he says, it is a matter of life and death. I have no doubt that this issue will draw agreement from all political parties, and such is the nature of the hon. Gentleman that he is one of the few Members who could rightly be called “my hon. Friend” by Members from all parties in the House.
It is vital that there is greater access to defibrillators in local communities across the whole of the UK. To save myself tripping over the word “defibrillators” for the next five minutes, I will shorten it to “defibs” from this point onwards.
Every year in Wales, around 6,000 people suffer from cardiac arrest. About half of those incidents occur outside hospitals, with just one in 20 of the people affected surviving. The National Institute for Health Research has found that survival outcomes for people experiencing out-of-hospital cardiac arrest are greatly improved when bystanders use a defib.
When we consider that, as the hon. Member for Rutherglen and Hamilton West (Margaret Ferrier) said in an intervention, someone’s chance of surviving cardiac arrest decreases by at least 10% to 15% with every passing minute, it is vital that everyone in the community not only knows where the nearest defib is located but—most crucially—has the knowledge and confidence to use it.
I understand how important it is to improve the teaching of these lifesaving skills having campaigned with the family and friends of Janene Maguire, a loving mother of three who unexpectedly passed away of a cardiac arrest in February 2000. Sadly, and almost amazingly, nearly two decades later one of Janene’s daughters also suffered from a sudden cardiac arrest. Fortunately, she was with her friend, who saved her life by performing CPR until a paramedic arrived.
The experience of that family in my constituency highlighted to me the importance of improving awareness and knowledge of both CPR and defibs. I am pleased to say that, as a result of our campaigning, the Welsh Government committed to including these lifesaving skills in the school curriculum in Wales, as they are in the curriculum in England. I hope that equipping young people with the knowledge to save lives will ensure that the survival rate for out-of-hospital cardiac arrests is greatly improved.
Despite the success of having added to the curriculum in Wales, the campaign to improve lifesaving skills and access to lifesaving equipment is far from over. Access to defibs and the knowledge of how to use them still needs to be greatly improved. As part of my commitment to improving these skills, I will continue to work with the Welsh charity Calon Hearts to organise a number of CPR events in my constituency in the new year. Participants will be able to learn the skills and gain the confidence to apply them, ensuring that people from all backgrounds have that knowledge, so that they too are able to save lives.
Although the Resuscitation Council has provided guidance for adult basic life support, which advises on how CPR and defibrillation should be administered during a sudden cardiac arrest, the vast majority of people still do not have that knowledge and are unable to use it when needed. Currently there are 5,423 public access defibs registered with the Welsh ambulance service, but the British Heart Foundation estimates that there are thousands more defibs that the trust has no record of. With that in mind, there is an obvious but important question to ask: what is the point of increasing the number of public access defibs if people do not know where they are or how to use them?
There seems to be a simple solution to the issue. Why not create a comprehensive, UK-wide database, on an app that can be downloaded to smartphones, including all defibs and their precise locations, and simple, easy-to-follow instructions on how to use them? It seems as though that would be a relatively simple database to establish and maintain. It should not be beyond the wit of man to put something in place along those lines. There are currently a number of different defib databases covering different areas of the UK, so it is certainly a feasible idea. Much of the data is already there, and just needs to be amalgamated in one comprehensive database. If all NHS systems in the UK worked together with organisations such as The Circuit, the national defibrillator network, it could easily be achieved, and would undoubtedly help to save many more lives.
The Welsh Government, to their credit, have recently committed £500,000 to improve community access to defibs. I encourage them to collaborate with the UK Government, and indeed the Scottish and Northern Irish devolved Administrations, to ensure that public access to defibs and the knowledge of how to use them is improved across the UK, and that it is mandatory for all defib providers to register every new device on the database.
When someone goes into cardiac arrest, every second counts. I want to ensure that as many tragic and unnecessary deaths can be avoided as possible, by equipping the general public with as much knowledge and as many skills as possible.
Richard Thomson (Gordon) (SNP)
I am the Front-Bench spokesperson, Mr Hollobone.
Mr Philip Hollobone (in the Chair)
I do apologise—my mistake. In that case, your able replacement is Stuart C. McDonald.
Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)
Thank you, Mr Hollobone. I am very honoured to be a replacement for Mr Thomson— I do not know how able, but I will do my best.
I am very grateful to have the opportunity to contribute to this vital debate. I too pay tribute to the hon. Member for Strangford (Jim Shannon), who has been championing this cause for a considerable time and therefore is an expert on it, as he showed with his opening speech. I confess that, in contrast, I am comparatively new to the issue. Like many others, I had my interest in it sparked by the lifesaving treatment of Christian Eriksen at this summer’s Euros, to which the hon. Member referred, and by subsequent conversations with constituents. I have been able to start some productive local conversations with the two local authorities that serve my constituents and with the British Heart Foundation. I am keen to learn more, and already have learned quite a lot more in the course of the debate.
In launching a small local campaign to help raise awareness of cardiac arrest and how to respond, and to try to increase access to lifesaving CPR training and defibrillators, we opted to call it “Every Second Counts”. That is not remotely original, but it reflects the fact that, as hon. Members have noted, when it comes to surviving a cardiac arrest, every moment really does matter.
The numbers are stark when it comes to survival rates for the 30,000 out-of-hospital cardiac arrests that people suffer each year in the UK—just one in 10, as we have heard. However, if we think about that from a different perspective, it means that we have the opportunity here to save hundreds—thousands—of lives if we get the response right. The basic components of a successful strategy seem uncontroversial, as we have already heard. We need to ensure that people can recognise what a cardiac arrest looks like so that they can take appropriate action. We need to ensure that they know to call 999 and can perform CPR. We also need them to use a defibrillator if one is available.
Access to defibrillators is a vital component of the chain of survival. How do we improve accessibility, because currently, as we have heard, only a small percentage of out-of-hospital cardiac arrests receive bystander defibrillation? It is important that there is a greater understanding of when and how to use defibrillators. We must get across the message that they are easy to use so that people do not hesitate for fear of doing it wrong. I look forward to taking part in the training that the hon. Member for Strangford is going to put on for us.
We need to get defibrillators across the country registered on The Circuit so that when we call 999 we can be directed to the nearest accessible defibrillator. We all know that early defibrillation can massively increase someone’s chances of surviving an out-of-hospital cardiac arrest, but many defibrillators are never used because the emergency services simply do not know about them. The Circuit, an initiative by the British Heart Foundation, could prove an important step forward, and we all have a role in raising awareness in our constituencies.
A lot of good work is being done across the UK. We have heard about that already today. We all need to learn from each other, but we can also learn from good practice and what works by looking at examples from abroad. Denmark seems to be a model of good practice, which seems appropriate given what happened to Christian Eriksen. A training programme, the placement of 17,000 AEDs in the community and the implementation of a registry of where they are has seen impressive results. Survival rates have tripled largely because the rates of bystander CPR have shot up from 19% to 65%.
The Danes also use a smartphone Heartrunner app to alert responders trained in CPR and the use of defibrillators to any nearby cardiac arrest and the nearest publicly accessible defibrillator. Some 16,000 citizens joined that system in its first two months.
Sweden has seen survival rates double in the last 20 years, partly through mass CPR training—something we have heard about today—and SMS Lifesavers, which seems to be along the same lines as the Danish Heartrunner model.
It is not just about the number of accessible defibrillators, but where they are. It is brilliant to have two installed by voluntary organisations in the same street, but ideally we need to be able to target them where they are most needed, and we need to map that out. Some 80% of out-of-hospital cardiac arrests occur at home, so how do we get as many into areas of concentrated housing as possible? Some public buildings will be ideal for that, with many schools situated in the heart of communities, for example, but other large housing estates might not have such buildings, so how do we deal with that? On the other hand—the hon. Member for Strangford touched on this earlier—our more remote areas have low concentrations of people, but possibly longer to wait for an ambulance, so defibrillators could be all the more vital.
Again looking to Denmark and Sweden as an example, I understand that 200,000 people have access to emergency medical deliveries of defibrillators by drone. Studies in Canada have suggested that that could be a lifesaving option for rural areas. But perhaps we should learn to run before we try to fly. NHS Grampian has had some success in reducing response times to remote areas with teams of trained volunteer responders equipped with AEDs and vehicle locator systems.
On another related issue, I was concerned to read that those in the most deprived areas of the country are almost 20% less likely to receive bystander CPR, so we need to try to understand why that is and how we can address that problem. We need to address these issues to ensure the best response, and we would be wise to look at the type of work that has been undertaken by the resuscitation research group at the University of Edinburgh. I look forward to working with colleagues across the House to make sure that every second counts, and that we do everything we can to save lives.
I thank the hon. Members who supported this debate and express my support for their call to action.
Aaron Bell (Newcastle-under-Lyme) (Con)
It is a pleasure to serve under your chairmanship, Mr Hollobone, and a pleasure to follow the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald). I congratulate the hon. Member for Strangford (Jim Shannon) on securing this important debate and on his private Member’s Bill. It may be the case that we do not have time for it on the day it is scheduled for, but I hope the Government will look carefully at the Bill.
The debate is well timed for me, because I am due to visit a school in my constituency tomorrow that installed a defibrillator only last Friday. However, I am afraid the background to that installation is tragic. Ravensmead Primary School in Bignall End in my Newcastle-under-Lyme constituency has had a very sad loss in recent weeks. A teaching assistant suffered a heart attack at school and later passed away. Sam Benson was a much-loved member of the Ravensmead community, a mum of three children, and a teaching assistant who had been involved with the school for 20 years, initially as a volunteer to help children with reading and later as a member of staff. In the words of her headteacher, Melanie Goodall,
“Sam was a fabulous teaching assistant. She was fun and loved life. She was always bright and colourful. She used to work in the school office and was the first face that many parents saw here. She would have Michael Buble on a loop in the office.”
The circumstances of Sam’s death are not only tragic, but illustrate the problems with access to defibrillators. When she collapsed one morning in September, several colleagues raced a hundred yards up the road to a local pub, which thankfully did have a defibrillator, while several other colleagues commenced CPR immediately. However, it took them several minutes to get hold of the equipment as they needed to phone for the access code. Fellow teaching assistant, Heather Evans, was one of the members of staff trying to access the defibrillator at The Swan pub after Sam’s collapse. She told our local paper, the Stoke Sentinel, that,
“Running up the road, it was like running up Everest”.
By the time they got back to the school, the paramedics were already there. Sam was taken to hospital, and sadly died five days later.
I am enormously pleased to hear how quickly the paramedics were able to attend the scene, which is commendable given the pressure that the ambulance service is experiencing. However, as has been raised already, it is widely known that every minute counts when responding to cardiac arrests. The chance of successful defibrillation decreases by 23% for each minute that passes, according to a 2003 study. Therefore, if a defibrillator had been more readily available and used a couple of minutes sooner, who knows what difference it might have made? We will never know, but Sam’s chance of survival may have been higher. She was lucky that CPR was started almost immediately, which would have given her a much better chance than those who collapse alone.
In Sam’s honour, her husband Neville Benson, friends and members of the school community have been raising money for a defibrillator at the school and have raised over £4,000 in Sam’s memory. Tesco Express in Audley has actually donated a device, which has been installed, so that money will be used to help other schools in the area have access to the same device. Neville has also been in touch with me to talk about his desire that these devices be made mandatory in all schools—indeed, I spoke to him this morning. I know that new and refurbished state schools are required to have defibrillators. I saw the answer from my hon. Friend the Member for Chelmsford (Vicky Ford) to a written question on 10 September that the Government are looking at what more they can do, and she referred to what the previous Secretary of State for Education has done on the issue.
When Neville spoke to me this morning, he also made the sensible point that while it should not be a cost-benefit analysis, there is a financial benefit as well as the health benefit because quicker defibrillation reduces the chances of long-term disability, which could save society an awful lot of money for a relatively low cost in the short term. I would like to briefly mention the amazing work of the charity Cardiac Risk in the Young, which aims to provide heart screening for a minimum of 200 young people per year. I was introduced to the charity by David Hughes, my constituent in the same parish, who raises money for the charity in honour of his son, Daniel Hughes, who died suddenly at the age of 28 in 2015. In memory of Daniel, Dave has been working to raise awareness and reduce the frequency of young sudden cardiac death. He said:
“We will never know if heart screening would have saved our precious son’s life but we never want another family to go through what we went through. There are no words to describe the emptiness and heartache we feel everyday; all we can do is work hard to ensure that Dan’s legacy lives on for years to come and that he continues to make a difference to people’s lives now as he did when he was with us.”
Dave has raised hundreds of thousands of pounds since Dan’s death. I have been out to support him on some of those things. If the Minister could take this message back to the Department, I know Dave would be very grateful.
Defibrillators can mean the difference between life and death, as we know only too well. Of the 30,000 out-of- hospital cardiac arrests across the United Kingdom each year, the overall survival rate is a shocking one in 10. It is estimated that publicly accessible defibrillators are used in fewer than 5% of those incidents. That is a very sad statistic, but a sadder one still is that, according to research conducted by the Resuscitation Council, less than half of bystanders in the UK would intervene when they witness someone collapse. That statistic is substantially lower than figures for other regions and countries that have comparable demographics. The willingness rate is 73% in Norway, 66% in Seattle and 60% in north Holland, and their survival rates are over 20%, so that is something we also need to tackle. Norway has been teaching CPR in schools for many years, and that bystander CPR has got its survival rates as high as 25%, compared with less than 10% in the UK. I am very pleased to see that, from September 2020, we did add CPR to the national curriculum in secondary schools.
Finally—this is another point that people have raised—most of us will remember the Euro 2020 footage this year, when Danish footballer Christian Eriksen collapsed. Of course, his chances of survival were greatly increased from the start because of the urgent medical assistance that arrived immediately. CPR and a defibrillator were applied during those crucial first few minutes. Those scenes were deeply distressing to witness for everyone watching in the stadium or from home, but thankfully he had a good outcome. He is now doing so well that he is working towards returning to playing football. We should be giving that same best chance of survival to everyone.
Paul Howell (Sedgefield) (Con)
It is a pleasure to serve under your chairmanship, Mr Hollobone. It has been an absolute pleasure to support the hon. Member for Strangford (Jim Shannon) in his endeavours. I thank him for his kind comments, and thank all other colleagues who are supporting the debate.
The importance of access to AEDs in a life-threatening medical emergency cannot be disputed. In addition to the high-profile and extremely upsetting events at Euro 2020 when Christian Erikson suffered his cardiac arrest, there was a similar event in Newcastle’s football ground on TV the other week, when an 80-year-old gentleman collapsed. Fortunately, there was an AED to help that situation too.
Is the Minister aware that in the UK, nearly 300 school children die of sudden cardiac arrest every year? The emotional statements of colleagues on the specifics mentioned only further endorse the need for something to happen on these proposals. An obvious start for this is our public buildings, such as schools, libraries, and local government buildings, to have access to AEDs.
Unfortunately, without on-site and urgent access to defibrillation, the vast majority of cardiac arrests will be fatal. At present, there are just not enough AEDs accessible to people. As has already been said, for each minute that passes following a cardiac arrest without CPR, the survival rate drops by 20%.
Given that the average response time for emergency services to a cardiac arrest is just under seven minutes, we cannot rely purely on our emergency services—however good they are—to fill the gap. If we want to save as many lives as possible, we need as many defibrillators in the community as possible. That is particularly true in rural areas, like most of my Sedgefield constituency, where call-out times are naturally longer, simply because of the distances the emergency services will have to travel. Prompt, community access to defibrillators can dramatically help improve the chances of survival. Indeed, it would help to level up between urban and rural communities.
The AED Bill would make an important legislative change, helping to build a better, safer environment for people in the community and increasing the cardiac arrest survival rate. As a nation, we have the opportunity to be world leaders in ensuring that we all have access to defibrillation. We should we pass this legislation into law and be the first country to mandate that new public buildings provide access to a defibrillator.
I am aware that the Department for Education offers reduced-cost defibrillators through NHS Supply Chain’s Defibs4Schools programme, which in itself shows that it values the provision. Could the Minister encourage it to go further, particularly with new school builds, and also push other Departments to follow suit? It is clear that it would be challenging to ensure that all current public buildings have AEDs, but it is something the Minister should look at trying to mandate. I strongly encourage her to push her Department—and indeed other ministerial colleagues—to look for cross-departmental engagement to introduce that compulsion for new public buildings, whether they are for local government, health, education, or other purposes.
As has been mentioned, mandated AEDs on public buildings will work best if they are comprehensively mapped so members of the public could be directed to their nearest location. On that, I do like the earlier proposal for an app-driven solution. The proposed Bill would take an important step towards ensuring that AEDs can be readily located wherever they are needed. In addition to ensuring that AEDs are mapped, we need to ensure that we have a system in which people are clear about whose responsibility it is to maintain them, particularly if they are in the public domain.
We all know—we have heard many representations today—that excellent work has done up and down the country by volunteers who understand the importance of AED access to their communities. As already mentioned, in Newton Aycliffe, for example, David Sutton-Lloyd has worked tirelessly to ensure that 32 AEDs are now available to residents. However, I believe that we, as the legislature and elected representatives, have a duty to ensure that all new buildings are fitted with AEDs, and that the work of volunteers is to complement that, rather than provide the initial provision.
Again, this was mentioned earlier, but I have been educated on the use of defibrillators. Mr Sutton-Lloyd is incredibly active in running training courses. I am not sure “training” is the right word. It is not training, it is education. Unless we know about these pieces of kit, we could get concerned that the electricity could cause problems. As has been mentioned, it cannot do that; the machines are good. The machine makes the decision and it is not possible to use a defibrillator on somebody if it is not the right thing to do. I encourage the Minister to promote campaigns to educate the public around this, so that when defibrillators are necessary people are confident and not worried about using them.
To summarise, the provision of AEDs, in and around our communities, is a real aid to saving lives at minimal cost. The opportunity to make them compulsory in public buildings, at least initially in new-build public buildings, is surely a no-brainer. How could the Minister consider otherwise?
Mr Philip Hollobone (in the Chair)
We now come to the Front-Bench speeches. Apologies to the Scottish National party spokesman for being so keen to get him in earlier, but his moment has now come.
Richard Thomson
It is still a pleasure to serve under your chairmanship, Mr Hollobone. I hope I am not being flippant or not paying due respect to the seriousness of the subject when I say that I almost needed an AED when I heard my name being called early.
I congratulate the hon. Member for Strangford (Jim Shannon) not only on securing the debate, but on his long and distinguished involvement in many measures in this House to advance the cause of expanding the provision of public defibrillators. He is involved with a private Member’s Bill that had run into the procedural buffers, for which he has picked up the baton. I know he has had positive dialogue with the Government, and I very much hope to see that Bill hit the statute book, by whatever means. It could bring real and tangible benefits to so many individuals and families, all across these islands.
Globally, cardiac arrests claim more lives than colorectal cancer, influenza, pneumonia, car accidents, HIV, firearms deaths and house fires combined. In the UK, that translates to around 30,000 people each year losing their lives through experiencing cardiac arrest. Sadly, fewer than one in 10 of those who experience cardiac arrest survive. It is something that can happen to anyone, in any place, at any age, at any time, with little, if any, warning.
All the hon. Members who have spoken, whether through a substantive contribution or a knowledgeable intervention, have made this an excellent debate. We have heard many examples of how early, rapid intervention has either happily saved lives or tragically could have saved a life.
A range of actors help to achieve the best outcomes here that they possibly can. We have heard about the examples of first responders, and we are familiar with the role that our paramedics play. I am pleased to have heard so many Members talk about CPR knowledge. I encourage everyone watching this debate, either live or afterwards, or reading about it in Hansard or in the newspapers, to make time to learn how to perform CPR, if they have not already done so. It could really save a life.
We have heard about, and some of us saw, the tragic events that afflicted Christian Eriksen during the European championships. I was watching with my children, and it was awful having to explain what was very likely happening and not being able to give them, at that time, the happy ending that they wanted. I remember the relief at being able to tell them that he was alive and in hospital. The quick action of his team mates and the medical professionals at the stadium saved him.
I would like to give an example of a case a little bit closer to home, at my former place of study, the University of Stirling. In February 2016, 20-year-old student Finlay Richardson, a third year student, collapsed during lacrosse practice on the university’s training fields. Sports centre staff reacted quickly, realised what was happening and ran and got the sport centre’s defibrillator. They were able to apply it to him. He was taken to the Forth Valley Royal Hospital where I am pleased to say he made a full recovery. In fact, he went on to secure a first class honours degree from the university in environmental science. In both cases, what made the difference, on top of the fast response, was the rapid use and application of automated defibrillators.
Those are two good outcomes, but sadly most outcomes are not positive. The single most effective measure that we could take to improve the survival rate is to increase the coverage of automated defibrillators around the country combined with increasing people’s knowledge about how to perform CPR. In Scotland, over the last five years, the Save a Life Scotland partnership has equipped more than 640,000 people, about 11% of the Scottish population, with CPR skills. At the launch of Scotland’s inaugural out of hospital cardiac arrest strategy in 2015, only about one in 20 people in Scotland who experienced an out of hospital cardiac arrest survived. By 2020, that had risen to one in 10.
The updated strategy for 2021 to 2026 aims to double the number of people equipped with lifesaving CPR skills and make sure that more than 1 million people have them, and to give all school-aged children the opportunity to be equipped with CPR skills. Those measures contribute to the aim of increasing bystander CPR rates to 85% so that a defibrillator can be applied before the ambulance arrives in 20% of cardiac arrests, and it is hoped that they will increase survival rates from out of hospital cardiac arrests from 10% to 15%.
Importantly, some 80% of cardiac arrests occur in the home, but sadly public defibrillators are used in only about 8% of cases. That might be, as hon. Members have said, due to a lack of confidence in how to use them, a lack of understanding, or a lack of knowledge of the location on the part of the individuals or the emergency services. The British Heart Foundation’s The Circuit campaign will be vital in drawing together the information about that lifesaving equipment. We need to increase that rate by ensuring that the locations of automated defibrillators are known and by increasing the public’s knowledge of how to use them.
I am pleased to say that there was a big community effort in the village where I stay in 2019—it is a small community but close knit. The school held fundraising events to buy a defibrillator for the village; we actually now have two. In April 2019—I think, if Facebook has not let me down—we held a training event in the village hall to learn how to use it. We learned about the appropriate pace of heart massage and were told to perform it while imagining that the Bee Gees were singing “Stayin’ Alive” in our head to get the rhythm right—that seems a bit incongruous, but I will not argue with medical experts.
We also learned how to give artificial respiration. The training was a great success in bringing the community together and in ensuring that, if the worst happened in our community, whether to someone who stays, is visiting or is passing through, there is a cohort of people who should be able to make a positive intervention and increase the chance of survival of anyone unfortunate enough to be in that situation.
I welcome the consensus in the Chamber and the Bill of the hon. Member for Strangford. The private sector has been incredibly accommodating and willing to host defibrillators and ensure that they are maintained, but some of our buildings with the highest footfall, particularly in rural areas, are the public ones. It is important to increase that coverage and do all that we reasonably can, through persuasion or by mandating, to ensure that those lifesaving pieces of tech are in place in our public spaces. I am keen to leave as much time as I can for the hon. Gentleman to sum up, so I will conclude by saying that this has been an excellent debate and I look forward to seeing how the House can come together to advance our shared objectives in future.
Alex Norris (Nottingham North) (Lab/Co-op)
It is a pleasure to serve with you in the Chair, Mr Hollobone. I, too, congratulate the hon. Member for Strangford (Jim Shannon) on securing the debate, and the Backbench Business Committee on granting it. He made a typically thoughtful case, as he did earlier in the week when we spoke about smoking cessation in this Chamber. I plan to borrow liberally from him today, as I did then, because I know he does not mind.
The hon. Member spoke about the wide cross-section of support for action in this area. Clearly, we are a very visible demonstration of that politically, in terms of the number of people who have been able to attend on a Thursday afternoon and the parties that we represent, because the debate is so important. He also detailed a long list of organisations in civil society that have come together for action. I know that they will be watching. I hope that they get a sense from the debate of how seriously Parliament takes the issue, and how clear the commitment is for action.
The hon. Member and other colleagues raised the case of Christian Eriksen, which was a very visible demonstration of cardiac arrest, and how it can affect individuals with very little notice. It was a dreadful thing. Like the hon. Member for Gordon (Richard Thomson), I watched it with incredible sadness and fear. It was an awful thing to happen to anybody, but it happened in the best place possible—a place that had lots of kit and medical expertise. I think back to all the football that we played this Saturday and Sunday up and down the country in rural communities that do not have the same infrastructure as a major football stadium. We are here today with that risk in mind.
Other colleagues made excellent contributions. The hon. Member for Mid Derbyshire (Mrs Latham) made a point on schools. We talk a lot about personal and social education in this place. CPR, water safety and railway safety should be core parts of the curriculum, because some of our young people will need those skills, and they could save a life. That would be a valuable part of their education. The hon. Member for Delyn (Rob Roberts) made a point on having great kit out there but not knowing where it is. I will expand on that shortly. The hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) made points about inequalities—something that is close to my heart. I am conscious that as challenging as some of the outcomes that we have heard about are, they are worse in poorer communities such as mine. That calls us to act.
The hon. Member for Newcastle-under-Lyme (Aaron Bell) raised the terrible case of Sam Benson, which I was not aware of. It was exceptionally saddening to hear about. I associate myself with all the remarks that he made. Sam’s colleagues clearly made incredible efforts. Sadly, they were in vain, but her colleagues will at least take comfort that they behaved wonderfully in that situation. Perhaps we need to do more to ensure that others in similar situations will have access to the right kit as soon as possible. As he said, time can have a really significant impact on outcomes.
I know that the debate is a joint enterprise between the hon. Member for Strangford and the hon. Member for Sedgefield (Paul Howell), who made a point about St James’s Park. I married into a family of Newcastle season ticket holders, and that case was very visible. Again, it was perhaps the right place for such a thing to happen because of those who were around, although we would never wish for it to happen to anybody. The point that the hon. Member for Sedgefield made about the 300 school children was sobering. Again, that shows why public buildings such as schools would be very good for this sort of thing.
Heart and circulatory diseases account for one death every three minutes in the UK. We know that many cardiac arrests take place in hospital settings, but more than 30,000 take place outside of them and the survival rate for those is less than one in 10. In parts of the country, including the east midlands, the rate is lower. It has a range of causes, but whatever happens there is disruption to electrical activity in the heart, meaning that it is not pumping blood to the brain, lungs and other organs. That can lead to unconsciousness and, if left untreated, death, but advances in medical technology have given us the crucial tool of automated external defibrillators.
AEDs offer a lifeline to those suffering cardiac arrest because they provide an electric shock to the heart to restore normal rhythm. As colleagues said—I do not think that we can say this enough, because we need it to be understood more widely—they are very safe to use. They are portable and easy, they have clear instructions, and they cannot allow the user to give an accidental shock and hurt somebody, which I thought the hon. Member for Sedgefield made very clear. We cannot say that enough—I hope the people watching will get that picture. The statistics bear out how effective they are. If a defibrillator is attached to a patient by a non-medical first responder, the average survival rate is 40%. Other research puts the figure even higher. Every day, people doing extraordinary actions can be very effective indeed.
At the moment, only one in 10 out-of-hospital cardiac arrests involves a public access defibrillator. The British Heart Foundation say that our nation’s low cardiac arrest survival rate is likely to be partly attributable to that lack of access. For this lifesaving technology to work, people must be able to access it. There are two elements to that. First, AEDs have to be there. The Bill promoted by the hon. Member for Strangford is a really good way to do that. Secondly and no less crucially, we need to know where the AEDs are, whether that is us as bystanders or the emergency services. It is estimated that there are 100,000 AEDs in the UK, but only 30,000 are known to ambulance services. That is a big gap in our response. As hon. Members have said, when a person suffers cardiac arrest, it is a race against the clock. A person’s chance of survival decreases around 10% with every minute that passes.
Progress has been made, which we should say with some pride and with optimism for the future. I pay tribute to the British Heart Foundation, SADS UK, the Oliver King Foundation and others who campaign and have campaigned tirelessly over the years to improve the provision of AEDs and to provide training on how to use them. I also pay tribute to all those businesses and engaged citizens across the country who have done sponsored runs or bake sales, or put some of their business’s own money into making AEDs available. It very much shows the best of Britain and a community response—a truly selfless act. With them having done all that, we can meet that ambition in this place to push things a little bit further.
We know it can work. Colleagues have used various different international examples—I will use one of my own. Across the North sea, in the Netherlands, they created a national network of available AEDs and a system to alert trained citizens to cardiac arrests. When it comes to out-of-hospital cardiac arrests, the Netherlands has the highest survival rate in Europe, which points us in the right direction. The hon. Member for Strangford has himself pointed us in the right direction with his Bill.
We know about the vagaries of trying to get business proceeded with on Fridays—we may well see that again tomorrow. Whether or not the Bill can progress, we have the Health and Care Bill in the House at the moment, with its Commons remaining stages on Monday and Tuesday next week, I believe, and with Lords stages to come too. If the Government were minded to pick up the sentiment and theme of what the hon. Gentleman has set out, although I cannot speak for him I suggest he would be quite enthusiastic about that, and the Opposition would certainly be very supportive of it. I believe there would be widespread support across the House. There is clearly cross-party support for the common goal of an active network of AEDs, with citizens knowledgeable about their location and able to use them. We will support the Government in any measure they bring forward to make that a reality.
The Parliamentary Under-Secretary of State for Health and Social Care (Maria Caulfield)
It is a pleasure to serve under your chairmanship, Mr Hollobone. I thank the hon. Member for Strangford (Jim Shannon) for securing this debate, and also for his passion and dedication in championing this cause. He will know of my interest in the subject before I became a Minister. If anyone can get these changes through, it will be him. I thank him for that. I also thank my hon. Friend the Member for Sedgefield (Paul Howell), who is the No. 2 in these proceedings.
This is such an important issue. Twelve young people a week in this country die from sudden cardiac arrest. As we have heard, there are 30,000 cardiac arrests a year. This is not an insignificant issue. Behind every single one of those people is a family and a community. As we heard from my hon. Friend the Member for Newcastle-under-Lyme (Aaron Bell) when he spoke of the tragic news of Sam Benson, the impact will last forever.
I reassure hon. Members that the treatment and prevention of cardiovascular disease and access to defibrillators is a priority for the Government. There has been some significant progress in the last two years. We know that about 90% of sudden cardiac arrests are fatal, but if a defibrillator is used in the first three to five minutes, survival can be around 50% to 70%. Again, it makes a significant difference if someone has a sudden cardiac arrest out of hospital.
The Government are supporting a number of measures and working with key stakeholders. I want to highlight some of the work being done to ensure the best possible access to defibrillators and that people feel confident to use them. Hon. Members may be aware that “The NHS Long Term Plan”, published in January 2019, includes a section on cardiovascular disease and defibrillators. The NHS has committed to developing a national network of first responders and access to automated external defibrillators, which will save roughly 4,000 lives a year by 2028. It is high on our agenda, but it is important that we deliver on it now. I think that is the key message from the hon. Member for Strangford, because the chance of survival from a cardiac arrest occurring out of hospital doubles if someone received CPR or defibrillation, so it makes a difference.
I will highlight some of the work that has been done, notably with the British Heart Foundation, which a number of Members have mentioned today. We have worked with the British Heart Foundation to put in place The Circuit, a national network providing evidence of where defibs are in all our communities. If someone calls 999 or contacts the emergency services, ambulance services can identify for them where their nearest defibrillator is.
The Circuit is now live and covers 10 ambulance services, including Scotland, Wales and Northern Ireland. It is working with the two remaining ambulance services, London and South East Coast ambulance services, to get them on to the system. We expect that to happen in the first half of next year. That means all our ambulance services will be able to direct people to the nearest defibrillator ahead of the ambulance attending to the person in need. Currently, 33,237 defibrillators are registered with the eight live ambulance services in England, so we now have a network that we can direct people to.
Although defibrillators do not yet need to be legally registered with the British Heart Foundation, we are working with manufacturers, stakeholders and partners to promote the registration of all defibrillators. My ask of colleagues here this afternoon and anyone who is watching is please to register a defibrillator with the British Heart Foundation. Please do check it is on the register, because it is crucial that the ambulance service can give directions to the nearest defibrillator if someone has a cardiac arrest. We can also ensure that existing defibrillators are managed and looked after and that the register is a live register. We all know that things happen in our communities—defibrillators can be vandalised, or a building can be taken out of use and the defibrillator goes with it. It is important that this is a live piece of work.
The NHS is also working with St John Ambulance. Again, a number of Members have mentioned its excellent work to increase the importance of CPR. It is true that although people do not need training in order to use a defibrillator—my hon. Friend the Member for Sedgefield put it well—it is about educating them so that they are confident in using them. I want to reinforce the message that no harm can be done with a defibrillator; simply stick the stickers to someone’s chest, turn the machine on, and it will tell us exactly what to do. In some cases, it will not be appropriate, in which case it will say exactly what will happen. It is a valuable piece of kit; almost idiot-proof, in that you cannot get it wrong. We want to give the public the absolute confidence that if they come across a defibrillator, they should feel free to use it, but that overall CPR training is also vital.
Paul Howell
Just to clarify the point about a defibrillator telling someone if it will not work, it actually will not work as a machine if it is used in the wrong way.
Maria Caulfield
My hon. Friend is absolutely right. That gives people added reassurance that they can do no harm, because the machine is totally in control.
We are also using technology, and there are some exciting apps—the hon. Member for Delyn (Rob Roberts) talked about having apps. Some mobile technology works with the NHS to help people play a role in becoming first responders. If people know how to do CPR—the hon. Member for Gordon (Richard Thomson) seems to be trained up in that—I encourage them to use the GoodSAM app, which allows members of the public who can do CPR and feel confident about using a defibrillator to receive alerts. If someone collapses in the local area, they will get an alert on their phone, which will tell them where the nearest defibrillator and the person who needs help are. It integrates with ambulance dispatch systems and has a crowd-sourced map of defibrillators, including those in vehicles. The platform now has more than 19,000 volunteers and partnerships with 80 organisations, including the NHS and ambulance trusts.
We are also reassured that the British Heart Foundation is developing an app. It will link to The Circuit and show people where their nearest defibrillator is. Technology is being used to help communities to help themselves.
Rob Roberts
On a different but related subject, in this place and in the main Chamber, the Pensions Minister, our hon. Friend the Member for Hexham (Guy Opperman), has talked about how he is working with the BBC and other broadcasters to do some kind of nationwide campaign to raise awareness of pension credit. Is that something the Department of Health and Social Care could work on for this subject?
Maria Caulfield
The hon. Gentleman makes an excellent point. Some of the developments have been over the past two years and, during covid, they have not necessarily had the publicity they deserve. We all have a role in promoting initiatives. There is work to be done so that people are aware of the apps and initiatives.
In our communities, defibrillators are available at airports, shopping centres, train stations and community centres. School-age children are at low risk, but it can still happen, as I said earlier. As a result, and thanks to the work of the Oliver King Foundation, huge pressure was placed on the Department for Education, so defibs are now available for schools and other education providers across the UK to purchase through the NHS supply chain. They can get those important pieces of equipment at reduced cost. As of January this year, more than 5,000 defibs had been purchased through the defibrillators for schools programme, so we are getting defibs out into our schools.
Since May 2019, the Government have required all new and refurbished schools in Department for Education school building programmes to have at least one defib in their buildings. We are pushing that out for new and refurbished schools, but that does not cover all schools in the network.
Graham Stuart (Beverley and Holderness) (Con)
To get defibrillators into the community, I established the Community Access Defibrillators for East Yorkshire campaign. I formed a committee and worked with the highly estimable Warren Bostock of the Yorkshire ambulance service, challenging him with the question: “What would a complete network look like?” His initial response was, “How long is a piece of string?”, but he came up with rules and a map showing all the communities that did and did not have defibrillators—60-plus did not—and over the past two or three years we have been working on that. We now have that figure down to fewer than 20 and hope that in the next 12 months we will have it down to zero. Colleagues might be interested to hear the history of that, to get a template that can be applied elsewhere. If we have clarity about where we ought to have defibrillators, we can ensure that we have them there. In parallel, if we work on awareness and confidence, as discussed, we could save even more than the 4,000 lives that the Minister so rightly highlighted earlier.
Maria Caulfield
I thank my hon. Friend for his hard work in his community. There are some excellent examples of where defibrillators have been rolled out. Many communities now have them, but if we have them mandated in public buildings, we can address the gaps outside them with excellent work such as my hon. Friend’s. That is the point that the hon. Member for Strangford is making with his forthcoming private Member’s Bill.
We are also providing training, and CPR training is so important. From September of last year, all state-funded schools have been required to teach first aid as part of the new subject of health education, which was introduced alongside relationship education. Primary school children are taught basic first aid now, and pupils in secondary schools are taught further aid, such as administering CPR and the purpose of defibrillators, so hopefully the next generation will be far more confident than perhaps we are in performing CPR and using defibrillators.
Separately, Sport England has announced that it is working with the Football Foundation in support of the Premier League initiative to put £3 million into providing defibs for grassroots football clubs. A number of people mentioned Christian Eriksen. We also had the case of Fabrice Muamba in 2012. Very often in sports facilities, these are crucial pieces of kit that can save lives. We heard about the supporter at Newcastle who also benefited.
This is an incredibly important issue. I want to reassure the hon. Member for Strangford and all hon. Members here today that we absolutely take it seriously. It is an absolute priority to improve the lives and healthcare outcomes of people who suffer cardiac arrest outside a hospital. I hope that the work in the last two years, although perhaps it is not as well known, as the hon. Member for Delyn points out, shows that we are making key progress in some of the really important areas. But there are gaps in provision. We have heard that what matters is not just where defibs go but that they are outside, with 24-hour access. There are tricky issues such as whether to have a code on a defib. All these things need to be nailed down. I am happy to work with colleagues. This work does not involve just the Department of Health and Social Care; some of it needs the Department for Levelling Up, Housing and Communities, the Department for Education, or the Department for Digital, Culture, Media and Sport. It is a cross-Government approach, and I am happy to work with Members to bridge any gaps that still exist.
Jim Shannon
First, I thank all hon. Members who have spoken for their contributions. A consistent theme is coming through about having all the data in place; and The Circuit network is going a long way towards that.
I am very keen to be aware of the Welsh perspective and what is happening in Wales. There might be lessons there for us all to learn about how to do what is needed. I thank the hon. Member for Delyn (Rob Roberts) for giving us that perspective.
The hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) referred to access to AEDs and training. Again, that is a central theme that consistently comes up, with each and every person. He gave the example of Denmark. He also referred to the fact that in some cases AEDs can be delivered to rural areas by drone. I am not quite sure about the science of how that is done, but the point is that it is happening somewhere, and if it is happening somewhere and is successful, it might be the way to address this issue in some rural areas.
I was so sorry to hear about the lady whose case was raised by the hon. Member for Newcastle-under-Lyme (Aaron Bell). The necessary timescale very clearly was not there. As a result, there will now be an AED in place. It was not there when the lady needed it, and all of us, including the Minister, have said that we wish to convey our sincere sympathies to the family.
Aaron Bell
May I thank the hon. Member and all other hon. Members who have expressed their sympathy? When I see Mr Benson, I will ensure that they are passed on to him, and when I speak to the headteacher tomorrow, I will ensure that they are passed on to the school as well.
Jim Shannon
There is a united consensus of sympathy in relation to that case.
I thank the hon. Member for Sedgefield (Paul Howell) for his support for this cause. He gave us a salient reminder of the 300 children who die each year from cardiac arrest. Sometimes, when we hear the figure of 30,000 for out-of-hospital cardiac arrests, we do not focus on all the people that includes.
I think we are all really interested in what the hon. Member for Beverley and Holderness (Graham Stuart) has done in his constituency. We would be very keen to find out more about how that has happened, because there is obviously something that we could learn from there.
I am very impressed by the fact that the hon. Member for Gordon (Richard Thomson) is so learned in this sector. I know him as a friend, so I am not surprised at his knowledge on this subject matter. I know that he is also a very athletic person. He gave the example of the sixth-form student who is alive today and pursuing a career because of an AED that was in the right place, at the right time. The hon. Gentleman and I feature in many debates together; indeed, I cannot think of any debate on a health issue that we have missed. I thank him. I am certainly keen to look at that, and will discuss how to bring it forward in a positive way with the Minister and the hon. Member for Sedgefield, if that is possible.
I want to sincerely thank the Minister. She referred to the fact that some 12 young people die from cardiac arrest every week. It is shocking that we can lose so much young life—people who could have done so much and had their futures ahead of them. The hon. Lady will know of young Oliver King. He comes to my mind on many occasions. I never knew the young boy, but I knew his daddy—that is very real.
The Minister referred to discussions with stakeholders, the NHS and first responders, who do excellent work in my constituency. She also referred to teaching and training in schools. That is all part of the joint approach that we need, alongside St John Ambulance and CPR training. The Minister also referred to Bills that will require an AED to be in place in all those buildings and that AEDs will be mandated in any new build. I am very grateful for that positive response from the Minister.
However, my private Member’s Bill aims to do one thing, if I can achieve it: it would mandate that all buildings, not just new buildings, must have AEDs. I know that the Minister agrees with that. We need a consensus across all Departments that have responsibility in this area. AEDs are available in lots of buildings already—in schools, Government buildings, many leisure centres, football clubs and so on. However, the Bill aims to achieve one thing: that AEDs are mandated in all buildings, and that those who are responsible for them will know that. The signage, training and all of the other things to which the Minister and others have referred are great points and are very important, but they illustrate that the Bill is so important. I hope that on Second Reading, on 10 December, the Government will see that the Bill is a win-win; there is no cost, but everyone gains. Those nine out of 10 victims of sudden cardiac arrest who are lost every year can be saved. The Bill is a lifesaver. I encourage the Government and all those involved to support it.
Question put and agreed to.
Resolved,
That this House has considered public access to Automatic External Defibrillators.
Touring Musicians: EU Visas and Permits
(2 years, 5 months ago)
Westminster HallRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Dr Rupa Huq (in the Chair)
Before we begin, I remind Members that they are expected to wear face coverings when they are not speaking in the debate, in line with current Government guidance and that of the House of Commons Commission. I also remind Members that they are asked by the House to have a covid lateral flow test twice a week if they are coming on to the parliamentary estate. This can be done either at the testing centre downstairs or at home. Finally, please give each other, and members of staff, space when you are seated and when entering or leaving the Chamber.
Ms Harriet Harman (Camberwell and Peckham) (Lab)
I beg to move,
That this House has considered enabling visa- and permit-free working for musicians in the EU.
It is a great pleasure, Dr Huq, to see you in the Chair for this debate, and I am grateful to the Backbench Business Committee for agreeing to the application for this debate from myself and the hon. Member for Somerton and Frome (David Warburton), who is chair of the all-party parliamentary group on music. That application had the backing of the Chair of the Digital, Culture, Media and Sport Committee, the hon. Member for Solihull (Julian Knight), and numerous MPs from all parties, from Scotland, Wales and every region in England. The concern is cross-party; the demand for Government action is UK-wide.
The music sector is important to the UK, both culturally and economically. It accounts for nearly 200,000 jobs and, at least before covid, it was worth £5.8 billion, £2.9 billion of which was generated in export revenue, with the EU being by far the biggest market. The finances of the sector—both of individuals and organisations—depend for a significant section of income on touring in the EU, with a survey conducted just before covid showing that 44% of musicians received up to half their earnings in the EU. Our music sector financially depends on touring in the EU.
Of course, we do not just look at this issue in economic terms. We have to recognise the role that music plays in the very quality of our lives, in the definition of our communities, and in our ability to engage with our emotions, and to understand ourselves and each other. Our music is precious and our musicians should be celebrated, protected and supported in their art. However, they face a great problem that is not of their making, which is the post-Brexit obstacle to touring in the EU.
A tour of Europe often needs to involve more than one country to be viable and sometimes many countries. The problem is that for British musicians to tour in Europe now there are 27 different work permit regimes, 27 different visa regimes and 27 different requirements for proof of the work that is going to be undertaken. That means hours spent on forms and certificates, downloading bank statements and acquiring certification and statements about the nature of the work; days spent travelling to and sitting in consulates; weeks spent waiting for Her Majesty’s Revenue and Customs to process A1 forms to provide to employers in Europe; fees for applications; and further expense and time to obtain musical instrument certificates with expert verification that the instrument does not consist of endangered wood or ivory, with the risk of the instrument being confiscated if the paperwork is not in order.
Jim Shannon (Strangford) (DUP)
Does the right hon. and learned Lady believe that specialised visa renewals for touring groups, which would streamline the time and the cost for visa applications for working musicians, would be a step in the right direction, and if so would the Minister consider that suggestion?
Ms Harman
We need to take all the steps in the right direction that we can, and we look forward to hearing from the Minister. I thank the hon. Gentleman for his contribution to the debate today.
There is time and cost involved. I recommend to the Minister that she download and look at some of the forms that are required. I have only four of them here, but they are of mind-boggling complexity, and they are all different—that is the point. People cannot just get the hang of doing one of them and then do it again; they have to be done differently for every country, every time. That means plans being curtailed and opportunities being lost, and that is without even mentioning the dreaded cabotage rules that prevent a lorry needed to carry instruments or equipment from making more than three stops before returning back to the UK. That does not fit with how touring bands or orchestras work in just one country, let alone if they are touring a number of countries.
Some 85% of the European concert trucking industry is based here in the UK. Those firms will be put out of business or have to relocate to Europe unless this matter is sorted.
Julian Knight (Solihull) (Con)
The industry was based in the UK, but, according to the information that I have, a lot of it has already gone to Holland. Although touring is not taking place at scale, the planning that goes into touring is taking place right now. It is necessary to get the rules changed now, and not when we discover we do not have an industry left.
Ms Harman
The hon. Gentleman is absolutely right. Time is not on our side. We all recognise this is an immensely skilled and professional industry that we should protect, and it should not have to move. Our musicians and those who work to support them are highly committed, resourceful and skilled. They say there is a problem that they cannot solve and they need Government action. The Government must reach agreements with all EU countries for consistent regimes so that our musicians can once again tour freely in the EU. As the hon. Gentleman said, they should do it quickly. Plans are being made in the EU that leave out our sector.
Sir Robert Neill (Bromley and Chislehurst) (Con)
I am grateful to the right hon. and learned Lady for securing this debate. I declare my interest as chair of the all-party parliamentary group on opera. She has referred to touring bands and orchestras, but there is also a real issue for singers and freelancers. For an individual singer, especially a young singer, trying to negotiate the forms is nigh on impossible. A production of “Peter Grimes”, the great Benjamin Britten opera, which requires an English-speaking cast at the Teatro Real in Madrid, was in jeopardy for months before eventually a workaround was achieved. Even though the situation in Spain has improved, in many places it is very difficult for British singers, and they are not getting the bookings. Bookings for opera companies are made years in advance, which is why we need certainty now.
Ms Harman
The hon. Gentleman is absolutely right about that. Plans are being made, and if the Government do not move quickly some organisations will become unviable. Some musicians at the top of their career will feel their best option is to relocate to Europe, and we do not want them to have to do that. Many of the next generation of musicians will never have the opportunity to get into the profession, and to develop their careers, without the financial and artistically important benefits of working in Europe. Whether it is established artists or those just starting out, big organisations or freelancers, our music sector needs the cultural creativity that they get from working in Europe. We do not want to become a musical Galápagos with our musicians locked out of the cultural partnership that is so important for creative development.
I hope the Minister will recognise the weight of opinion, which includes Sir Elton John, Sir Simon Rattle, Howard Goodall, Sting, Judith Weir, Nicola Benedetti, Ed Sheeran, the Sex Pistols, Roger Daltrey, Bob Geldof, Brian May and many more. I pay tribute to the work done by the organisations demanding Government action: the Musicians’ Union, UK Music, the Association of British Orchestras, BECTU, the Incorporated Society of Musicians and Carry on Touring, to name just a few. They all call for a concerted response from the Government to support the sector while matters are being sorted out.
The Prime Minister has said that there is a problem and he promised to fix it. I have talked to the new Secretary of State for Digital, Culture, Media and Sport. She knows about this and I know she wants to sort it. We are genuinely not looking for a political row. We only want a solution, but we need absolute clarity and honesty from the Government. There is no point in telling the sector that the problem is solved if it clearly is not. There is no point in the Government just issuing more guidance. Those involved in the music sector do not need to be told what the problem is. They know only too well and they need the Government to sort it.
Mr Alistair Carmichael (Orkney and Shetland) (LD)
Like others, I congratulate the right hon. and learned Lady on securing this debate. I agree with everything that she has said, but there is an aspect that she has not touched on—the festivals around the country. In Orkney we have the world-famous St Magnus festival in June, which was founded by the late Sir Peter Maxwell Davies. In Shetland, we have the Shetland folk festival. Those are community-enterprises, albeit highly professional ones. The administrative burden for them from having to deal with visas of the sort that the right hon. and learned Lady has already pointed out will be phenomenal. That cultural growth would be an enormous loss for our communities.
Ms Harman
I completely agree with the right hon. Gentleman’s point. We have to think of the impact of those coming into this country: we need them to be part of our music sector here.
I welcome the Minister to her place and I wish her well in her work. If she wants any help to get this sorted, we are all here to help and do whatever we can to back her up on this. I look forward to hearing from her this afternoon that she acknowledges the scale and nature of the problem, and that she will deliver on the Prime Minister’s promise. I know she will have to work with many other Departments. No pressure, but we are looking to her to deliver. We want to hear from her what progress she has already made, and what further progress she anticipates the Government will make in respect of which countries and by when.
Dr Rupa Huq (in the Chair)
This is a very popular debate. In fact, my name is on the original list of people speaking in it. To allow the Mother of the House, the right hon. and learned Member for Camberwell and Peckham (Ms Harman), time to wind up, the first Front-Bench spokesperson will start at 3.58 pm. If everyone can keep within a five-minute time limit, everyone will get in.
David Warburton (Somerton and Frome) (Con)
It is a pleasure to see you in the Chair, Dr Huq, and it is a pleasure to follow the Mother of the House, the right hon. and learned Member for Camberwell and Peckham (Ms Harman). I congratulate her on her words, on her continuing efforts in this area and on securing this important debate.
We should not be having this debate. It is endlessly amazing to me that the public consciousness, the media and the press can, day after day, follow the intricacies of fisheries and the arguments over the European Union and fishing rights, for example, but the music industry, which employs more people than the fishing and steel industries combined, hardly gets a look in.
We ought not to be having this debate because this should have been wrapped up long ago, but, on leaving the EU, the trade and co-operation agreement very much focused itself on goods rather than services, so cultural touring was left a little behind. I know the Prime Minister has openly committed to working flat out to solve the problem, and progress has been made, particularly this week with Spain, but we have a long way to go. The problem is not only the practicalities of UK musicians, artists, crew and creatives from other sectors touring the EU, but the perception that this is a niche, side issue and not one that we need to firmly address.
Looking at the facts, employment in the music sector has dropped by 35%, with revenues almost halving in the last year. We were riding high before the pandemic. The sector grew by 11% in 2019, far beyond the rest of the economy, not only dragging the rest of the economy behind it, but flying the flag as well, by demonstrating the creative skill of the UK.
The EU is our most vital market. The European Commission itself said that UK acts “dominated the European panorama”, and that must continue. In order for it to continue, the uncertainties around cabotage, carnets, visas and work permits need to be resolved, not only in a purely logistical sense but because without the certainty, as we have heard, that comes from knowing that artists, orchestras, musicians and all their retinue can travel freely and work, it is impossible for them to book ahead and have the confidence to look forward.
Any work in any EU member state is still restricted. Although we have had good news and there may be only six EU member states with which we now need to organise work permits, we are still restricted to 90 in 180 days over all member states. For example, Austria allows only four weeks of permit-free working and Poland allows only 30 days for every 12 months. There are other restrictions. Any musician playing in France must be employed by a registered venue, and might be required to register in the host state.
The costs are also prohibitive. The cost of a Greek visa is £68 per person, and then there is the £300 cost of a carnet for an unaccompanied instrument. We are talking about hundreds or even thousands of pounds once there are a significant number of musicians to get on the road.
Then there is the cabotage. UK trucks are allowed to make only three stops, which is logically impossible and ridiculous. As we have heard, we are losing jobs as hauliers move from the UK to the EU. We have no carnet waiver agreement with the EU—which we need. Musicians need to source carnets well in advance of travel and get them physically signed off by border officials. EU musicians do not have to face that on entering the UK. That means that, while established artists or large orchestras can probably manage the mountain of paperwork, tick all the boxes and get on the road, artists who are starting out, new or breaking new ground really do not stand a chance. That means that we will see a further decline in the future dominance of UK culture; our future will not be as successful as our past.
I am chair of the all-party parliamentary group on music, and next week we are beginning an inquiry into these very issues, taking evidence from every part of the industry and, I hope, getting some pretty major stars as well—to sparkle the thing up. I know that conversations have been had and I understand the difficulties of negotiating with 27 member states, but we have to have clarity, fairness and equity for cabotage, cultural waivers and visas. If we do not solve the issues that the industry is experiencing, we will not only harm ourselves and the industry through even more unnecessary stress and job losses to the EU, but we will lose talent, lose our influence, lose our upper hand and—importantly—lose our leadership on the international stage.
Alex Davies-Jones (Pontypridd) (Lab)
It is a pleasure to serve under your chairship, Dr Huq, particularly on a topic that quite clearly means so much to Members and their constituents across the country. I congratulate my right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman) and the hon. Member for Somerton and Frome (David Warburton) on securing this very important debate. I have said it a number of times—colleagues across the border may refute my claims—but music really is such a unique part of Welsh culture and identity. We have obviously seen some fantastic musicians from across Wales have great success across Europe and the world over the years, too. Indeed, it is about time that we recognise both the cultural and economic benefits that musicians and their craft bring to our nation. While I am hesitant to make reference to the undisputed king of Wales, Sir Tom Jones, this early on in a debate—it’s not unusual—it would be remiss of me to ignore the incredible influence he has had on so many artists, big and small, in Wales and beyond.
When we speak about musicians touring in the EU, we must also be clear to establish that there are also artists at the very start of their careers hoping to catch a big break overseas. As we have heard, there are the further complications when considering the needs of orchestras, or brass bands, such as the incredible Cory Band based in the constituency of my hon. Friend the Member for Rhondda (Chris Bryant), who travel with large instruments or require advanced technical support. The vast majority of brass bands are led by volunteers who have day jobs; they are unable to navigate and circumvent the necessary paperwork and arbitrary requirements needed to travel to all these countries.
The success of our music industry has been well documented in this place, but it really is remarkable that the UK—as small as we physically are—is currently the second biggest exporter of music in the world. It comes as no surprise to learn that Europe is our industry’s closest and most important international market. Put simply, it is not a market we should be seeking to cut off. We all know that European touring has become more expensive, more complicated and more difficult to execute. What is even more frustrating is that the confusion, lack of clarity and co-ordination over the requirements of the 27 EU member states for touring musicians was clearly an oversight by the UK Government during the negotiation period. The UK’s live music industry is completely reliant on low-friction barriers to entry and movement, allowing tours to move through countries seamlessly and quickly. However, as the world slowly begins to unlock from the restrictions that coronavirus has placed on us all, I fear that our creative sector will continue to pay the price for this ignorance and inaction.
As it stands, UK musicians and their teams are not able to tour around a fifth of Europe—six out of 27 member states—without obtaining certain visas and work permits far in advance. In an industry where last minute changes to tour itineraries are particularly frequent, how on earth can we expect that to be viable, particularly for smaller artists and groups whose income is solely reliant on revenue generated from their live music performances? Once again, the Government are widely missing the mark, especially given their recent celebration of the fact that 21 EU member states do not require visas or work permits.
The industry has known about these restrictions for some time now and have been leading on the campaign to increase visa free access across the EU. I must take the opportunity to congratulate the sector, and in particular the Association of British Orchestras and LIVE on their recent success in Spain. Instead of seeing meaningful policy developments from the UK Government to help the industry back on its feet, we see them disingenuously taking credit for the actions of the sector. Touring in the EU is a critical way for new and emerging artists of all genres to gain valuable experience, build their fan base and secure an income, but the artists are now being blocked due to financial barriers and a lack of information and support to navigate the process.
To conclude, sadly the points raised today are not particularly new—many of them have been repeatedly raised by colleagues across the House time and again. Musicians really want to get back out there, and I know, from the popularity of today's debate, that most colleagues across the political divide want to support the industry. Now really is the time for the Minister’s Department to act, particularly as the Government have dragged their heels on this issue for too long. I sincerely hope the Minister will take our pleas seriously, and I look forward to hearing her plans to tackle this worrying problem, which is impacting musicians up and down the country.
Patrick Grady (Glasgow North) (SNP)
It is a pleasure to serve under your chairmanship, Dr Huq. I congratulate the Mother of the House—the right hon. and learned Member for Camberwell and Peckham (Ms Harman)—and the hon. Member for Somerton and Frome (David Warburton) on securing the debate, although it is regrettable that we are here at all.
Years ago, in 2016, just after the Brexit referendum, I used to joke that this place should be renamed Brexit Minister Hall, because we spent so much time debating the ins and outs of the Brexit negotiating process, and here we are again. Despite all the assurances that we received in those days, it is plain that if Brexit had not happened, we simply would not be having this debate.
The difficulties that our musicians and performing artists are experiencing, the damage it is doing to their careers, the talent that is being wasted and the economic opportunities that are being missed are all because of Brexit—particularly the desperately hard Brexit driven through by this Government with a flagrant disregard for anyone who might be harmed by it or disagree with that approach. The problems that everyone has spoken about, and that we will continue to hear about, simply did not exist before the end of January 2020. I am sorry to drift slightly from the consensual tone with which the Mother of the House opened this debate, but I think that has to be said. This mess is entirely of the Government’s making, so the responsibility for resolving it lies entirely with them.
We have heard about the industry’s value to the country as a whole; it employs more people than the steel and fisheries industries combined but, perhaps because it is not as concentrated—or not as concentrated in Conservative marginal seats—we are not hearing quite so much interest or action. Where is the summoning of the ambassadors, which we have seen recently to resolve certain disputes in the fishing industry?
I have a huge concentration—a massive wealth—of talent, and indeed of economic wealth, for at least some of the music industry, in Glasgow North. It is home to some of the finest venues and most famous artists in Scotland, but also to some of the smaller venues—an incubator for real future talents. The European tour is a hugely important part of the nurturing of that future talent and, as we have heard, the opportunities are simply drying up.
I have been wearing the mask of the Kinnaris Quintet, some of whom are based in my constituency—five of the finest young Scotswomen traditional music performers in the country—and their experiences are sadly being replicated all over the country. Jenn Butterworth, one of my constituents, said,
“as a musician I feel pretty let down by the government as I heard there was a possibility we could have been allowed visa free travel and it was denied by our own govt in the negotiations”.
Another said,
“we’re totally in limbo with lots of things in the diary... we’re losing any prospect of reaching audiences in Europe.... One production was a main source of income and now the costs, hurdles to climb, uncertainties were just too much of a headache for the French promoters, so they decided to sack all the participants who didn’t hold European passports.”
I heard of their desperate search for Irish ancestry, or some other European connection, because there is now a distinct advantage to having dual citizenship for people in this country. Musicians without that are increasingly finding it difficult, with stories of agents simply passing by artists who do not have straightforward visa access to Europe.
On fees and taxes, one of the bands that I spoke to said that if they want to go to Germany, they have to pay a 19% tax on any goods brought into the country. That means all their merchandise—they do not know whether they will sell it or not, but they have to pay that tax upfront. Those sales would have covered some of their living costs, accommodation and food while they were on the road, and all of that is thrown into complete uncertainty.
We have already heard about the challenge of acquiring carnets, and all the costs that go with that. It is a particular problem—again, as we have heard—for orchestras or other large bands or ensembles. Previous models, based on freedom of movement, are simply unviable now.
There are solutions if the Government are willing to work for them, such as the 10-point plan circulated by the office of the Mother of the House, which I fully endorse. The Government should meet industry bodies, such as the Association of British Orchestras, UK Music, the Musicians’ Union, LIVE, the Incorporated Society of Musicians and the Scots music forums, get them all round the table and hear from them first hand.
A benefit of Brexit was supposed to be global opportunities, but I do not see easyJet flights to Australia appearing anytime soon. I am not sure how anyone is supposed to go on the road to the end of the Earth to promote their talent, so that argument falls flat on its face. It is not immediately impossible to undo Brexit, but there is a reason why support for independence is growing in Scotland, not least among our cultural and music sectors. It is our route back in—our lifeboat, literally and metaphorically—to get back across the channel and thrive in the way that we ought to be able to.
Dr Rupa Huq (in the Chair)
The good news is that with drop-outs, including myself, we have stretched the time limit to seven minutes. I call the Chair of the Select Committee, Julian Knight.
Julian Knight (Solihull) (Con)
I will luxuriate in my seven minutes. It is a great pleasure to serve under your chairmanship, Dr Huq. It does not seem long ago that we came into this place and swore oaths next to each other. Here we are, only a few years later, two old lags—if I may be so bold.
Julian Knight
I thank my hon. Friend the Member for Somerton and Frome (David Warburton) and the Mother of the House, the right hon. and learned Member for Camberwell and Peckham (Ms Harman), for securing the debate. I concur entirely with her speech, which was conciliatory and thoughtful. I hope that the Minister takes that tone away from the debate: it is not a party political matter, but a matter of looking after our constituents, our wider cultural impact and, frankly, global Britain. Without these industries, we are not global Britain anymore.
I will make some brief observations. We have heard about the enormous flurry of paperwork and the unworkable and patchwork system that is in place. The Select Committee has been aware of the issue for a long time. We invited Lord Frost to appear before us at the start of the year, but he refused. It was only after pinning the Prime Minister down in the Liaison Committee on 24 March that he said Lord Frost will appear and we will get this sorted. Lord Frost eventually appeared in June or July after avoiding the Committee for a long time, but in that whole time, there have been only four official bilateral meetings, one of which was on the morning of his appearance by some strange coincidence—that is one every two months.
I know that conversations have taken place, however, and that the Minister’s predecessor, my hon. Friend the Member for Gosport (Caroline Dinenage), was, after initially trying to get her head around the issue, committed to it. She told us some good stories about how she would track people down at conference and try to have conversations, but there was always a feeling that there was a road block in the shape of Lord Frost.
It seemed that the issue was being drawn into the general feeling of antagonism between us and the EU, which was unnecessary. This is not a confected row to bring about a Jim Hacker sausage moment in politics in terms of the Northern Ireland protocol. That should have nothing to do with this issue, which is about people’s livelihoods and our place in the world.
It is utterly farcical that we are 20 miles away from Europe and yet, in the case of at least six nations, we have the same rights of travel and access for brilliant creatives—not just musicians but whole swathes of people across industries—as people coming from the Cook Islands on the other side of the world. That is a ridiculous situation.
I say to the Minister that she is pushing at an open door. Provided that we keep the issue out of the mess that is going on with Northern Ireland, which I believe we can, there is an enormous willingness across the EU to talk to us bilaterally, because they also want our talent there—they miss it. We have such a fantastic reservoir of talent. They want people to be there and to enjoy that cultural exchange. My hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill) spoke about opera. I was talking to a lady who is one of the world’s leading lights at the Vienna opera house. She is struggling to get work there. This is a person of such huge, global talent that she is called upon everywhere.
Sir Robert Neill
My hon. Friend makes such an important point. We forget just how significant the status of British artists is in the opera field—not only the leading stars, such as he refers to, but the young singers who cut their teeth in the repertoire houses in Germany and the festivals in Europe. They are losing out because of an inflexibility and a lack of joined-up Government between the Department for Digital, Culture, Media and Sport and the Cabinet Office, and that has to change.
Julian Knight
My hon. Friend is singing from the same song sheet as I am. There is perhaps a misperception—we often talk about this on the Select Committee—of the importance of DCMS to our economy. My hon. Friend the Member for Somerton and Frome referenced it, but to put it into real figures the DCMS sector is worth 23% of the economy. The Government are around 40% to 45% of the economy—it depends on where one is in the United Kingdom. DCMS is 0.5% of Government spending. When it has a few million quid, it has to go the Treasury—it is in the same building—and say, “Please can we do this?”
There is an idea within Government, and has been, I would say, for many years, that these industries are mendicants, always asking for hand-outs. That may be true of the Royal Opera House, but our creative sectors are the model of leanness and competitiveness. They have learned to survive without hand-outs over a long period. My view—this may be where I depart from Opposition Members—is that that has been of enormous benefit to their long-term health and robustness, but they cannot deal with the red tape and the lack of access and ability to work. I am a free-marketarian. This is not a free market because of circumstance and perhaps a lack of focus and will in certain parts of Government, though not within DCMS.
We have allowed a situation to occur where we are helping to damage industries in which we have a competitive advantage. There is an economic law of competitive cost advantage. The reason why we are really good is because we have the English language and a great history of creativity. We should invest in areas where we have a competitive cost advantage. We no longer have one in many industries, but we do in this one. Without the music industry and film production, the UK economy, pre pandemic, would have been in recession for four of the previous six years. That is why it is vital that we get this moving, because we will discover the damage that has been done only when it is too late.
There also may be a bit of sniffiness about the industry. We all remember during the pandemic the quickly withdrawn advert showing a ballerina whose next job was as an IT consultant. I am not dissing IT consultants, but being a ballerina is fantastic, top of the tree, and something that we should be proud of in this country. There are Members in the Chamber who really want to work with the Minister and see this happen, because we care about our constituents and our country, and we know that these are areas in which we can have genuine advantage and push ourselves forward. We have effectively given them a no-deal Brexit. We now need to mend that by dealing with the cabotage through the EU and having bilaterals to get this sorted.
Kerry McCarthy (Bristol East) (Lab)
It is a pleasure to see you in the Chair, Dr Huq, although it is a shame that you are not contributing to the debate because I know what a music fan you are. I do not think that I have to declare my membership of the Musicians’ Union but I will, although, as I always say on such occasions, I have no musical talent whatsoever, unlike some of my colleagues who are speaking in the debate.
The fact that we are here in November 2021—well over five years since the UK voted to leave the European Union—is a damning indictment of the Government’s failure to prepare for the consequences of Brexit. I think that is, in part, political. The Government just did not want to concede that there could be negative consequences to no longer having freedom of movement and to leaving the market. I have seen that in other sectors, too—the labour shortages in food and farming, for example—and the ostrich approach of burying our head in the sand has had real consequences for the people who are affected.
That approach has included ignoring the warnings from the industry. As my right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman) said, so many people from across the industry—not just performers, but road crew, lighting engineers, truck drivers and so on—have come forward to try to tell the Government that action is needed, but there has been a refusal to host anything by way of meaningful discussions. An EU official told The Guardian in January that when the EU proposed a standard range of travel exemptions,
“the UK refused to engage in our discussions at all”.
I know there was a bit of to-ing and fro-ing and trying to blame one another for that, but according the EU sources, by June, the UK had still made no approach to remove travel barriers for creative workers.
As well as being political, I think there is an element of incompetence to the Government’s approach. Quite frankly, that is a hallmark of this Government. It is also another sign of the Government’s failure to acknowledge the importance of our creative industries. We have heard about the statistics and the pound signs attached to those industries: we are the world’s second-biggest exporter of music, with an export revenue of £2.9 billion. The value of music, as others have said, is far greater than that. We not only have some of the biggest-selling music artists in the world, but some of the best—those are not necessarily the same thing.
I remember, when I was a student in what was then Leningrad, in the summer of 1984, being besieged by young Russians who were just absolutely desperate to find out more about UK music, which was a lifeline to them and their connection to the west. I remember being asked, on the beach on the bank of the Neva river, how many children Paul McCartney had. I must admit, I did not know, and it was before the internet, but that just shows the soft power connected to our worldwide reputation for music.
We also know that the sector has been incredibly hard hit by covid, which is all the more reason why the Government should pull out all the stops to get it back on its feet. To an extent, the Government have been saved by covid, because people being unable to tour has masked the impact of Brexit on the live music sector. Now that we have, I hope, emerged from the worst of the pandemic, it is absolutely vital that the Government step up the pace on progress.
I am pleased that we have made some progress on visas, although I think it is a bit audacious for the Secretary of State to try to claim credit for that. We need agreements with the remaining six member states, and we also need bilateral discussions, because at the moment, any work is still restricted over all member states to a total of up to 90 days in any 180 days. As we have heard, there is still so much bureaucracy around that.
I will mention carnets and merchandise briefly. We have heard about the costs of taking unaccompanied instruments across borders—those costs are just for the paperwork. We know that smaller and up-and-coming bands in particular do not have lawyers, agents and managers to do all that for them; they have to deal with it themselves, and it is a real deterrent. Tim Burgess from the Charlatans tweeted earlier this week that the band was unable to sell any merchandise during its recent Dublin gig. We know that so many bands rely on merchandise to make a living because of streaming and everything else.
I will finish by talking about cabotage, as I know that that is what is expected of me as a member of the shadow Transport team. UK tour trucks made up close to 80% of the EU market prior to 2016 and Brexit. The three-stop rule for UK trucks forces them to re-route back to the UK, which is incredibly costly and time-consuming if they bother to do so, but most do not, making UK-led tours impossible. The band Public Service Broadcasting recently had to book a German bus for their European tour—something that they described as maddeningly stupid and self-harming. Big US acts have traditionally started their EU tours in the UK, so they fly into Heathrow, pick up the trucks, road crew, sound, lighting, caterers—everything—here. Why would they do that now? They are just going to go to Germany or somewhere else.
We have seen limited progress. The small splitter trucks have been ruled exempt from cabotage rules, and cabotage easement has seen inbound rules suspended on EU-flagged trucks to help the HGV crisis here, but that makes things even worse for UK music hauliers, as it is not reciprocal. UK hauliers have had no Government support to relocate to the EU either—I do not want them to relocate to the EU, but that proposal was put forward by the Government as an answer to the problems back in the earliest stage of the negotiations—so they cannot get around the restrictions that way. The music industry is part of what makes this country great. Why would we want to throw out an integral part of that, and tell it to go and set up shop in France, Germany or Portugal?
UK Music is calling for a derogation from cabotage for all trucks used for cultural events, so I conclude by asking the Minister whether there are active discussions in her Department and the Department for Transport about this issue. When I have tried to talk to the DFT, it has told me that it is a matter for her Department, but when I have tried to talk to her Department, it has told me that it is a matter for the DFT. I rather feel that that has left a big, gaping void in which there are no discussions at all.
Dr Rupa Huq (in the Chair)
I call the only person I know who had an album out last week: Kevin Brennan.
Kevin Brennan (Cardiff West) (Lab)
That is very kind, Dr Huq. I have yet to receive an invitation to tour Europe with the album, but who knows after today? Given that I am entitled to an Irish passport because of my father’s birthplace, perhaps I will be able to do so eventually. I declare my membership of the Musicians’ Union and the financial support that it gave me at the last election. I am also a member of the Ivors Academy, and have some small earnings from MP4, the world’s only parliamentary rock group—as you know, Dr Huq.
I congratulate the Mother of the House, my right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman), on her tenacity in pushing forward this issue over the last year or so, for not letting it go and for not letting the Government off the hook. The fact that she brings her immense experience and powerful advocacy to the issue is important to musicians across the country, who are all immensely grateful to her for her campaigning.
Everyone is right: a tremendous variety of artists from the UK of different musical styles and genres tour Europe, from major orchestras, to the up-and-coming opera singer mentioned by the hon. Member for Bromley and Chislehurst (Sir Robert Neill), to the young singer-songwriter with an acoustic guitar and an easyJet ticket, with no support, but perhaps a few T-shirts and CDs inside their pull suitcase. It is an incredibly varied landscape, and the Government do not seem to have grasped the importance of that from the outset. And yet, it could have been so different.
I remember being in this very Chamber in January 2020 with the former Minister, the right hon. Member for Selby and Ainsty (Nigel Adams), who was the predecessor of the Minister here with us today. I welcome the new Minister to her place; I do not think we have had the opportunity to have a debate before, but I look forward to our exchanges over the coming months and years. The former Minister said:
“Touring is the lifeblood of the industry… It is essential that free movement is protected for artists post 2020.”—[Official Report, 21 January 2020; Vol. 670, c. 56WH.]
It was official Government policy in January 2020, just after we had left the European Union, that there was free movement for artists across the European Union. What went wrong? Why did that not get translated?
The hon. Member for Solihull (Julian Knight), the Chair of the Select Committee, put it well. Our experiences of dealing with Lord Frost to try to untie this issue and get some movement on it were immensely frustrating. Not only were there delays, to which the Chair of the Select Committee referred, but when Lord Frost appeared before the Select Committee, he said, in contrast to what the Minister’s predecessor said in this Chamber on the record in Hansard:
“We do not agree with permanent visa waivers because they deprive us of control over our immigration system.”
That is the root of this. The issue is not about immigration, but about our creative industries, cultural exchanges and the touring of artists across Europe and across the United Kingdom. That is being conflated with an argument about freedom of movement and immigration, which has nothing to do with it.
In all my 20 years in Parliament, I have never heard anyone on the doorstep say, “What are you going to do about all these Polish violinists coming over here and entertaining our people? It’s an absolute disgrace. When are you going to do something about it?”. It is nonsense, yet we have changed from the position of the former Minister, on the essentiality of freedom of movement for artists to be able to work, to a position where the Government are saying, “We don’t believe in this because it undermines our immigration system.” What a load of nonsense and what a way to treat this hugely important part of our economy.
The creative industry is the fastest growing part of our economy and, as the hon. Member for Solihull rightly said, it is an important export earner for this country. It is an industry in which we have a comparative advantage and of which we can be proud. The industry brings immense prestige to this country in the soft power it exerts, as well as in the hard-line economic benefits we get from it.
Frankly, that has been the problem. The Prime Minister said at the Liaison Committee that he will “strain every sinew”, and he promised to fix it, yet a couple of months later this issue, which he said is so important that he will put his full weight behind it, was not even on the agenda of the first meeting of the Partnership Council in relation to Brexit. The Government, as an afterthought, included it as any other business, as Lord Frost had to explain when he came before the Select Committee.
I know that this is not within the Minister’s power, but perhaps she can pass it on to her colleagues. Will the Government take this issue off Lord Frost? Let us get him a million miles away from this issue as quickly as possible. Give it to a senior Minister, or even an up-and-coming, able and talented junior Minister, which I am sure the Minister is. Give it to somebody with a cross-Government remit to sort out all the issues between Departments. We have heard about the Government not acting in concert or in harmony on this issue. Give it to somebody who can sort it out, not Lord Frost. I am not a believer in nominative determinism but, let us face it, Lord Frost has had a chilling effect on this issue. It is fixable, so let us fix it.
Florence Eshalomi (Vauxhall) (Lab/Co-op)
It is a pleasure to serve under your chairship, Dr Huq. I pay tribute to the hon. Member for Somerton and Frome (David Warburton) and my right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman).
Like Camberwell and Peckham, Vauxhall is home to a thriving music scene and there are reminders of our musical past and present throughout my constituency. I am sure many hon. Members have visited the O2 Academy to see the wide range of musicians from around the world who have performed there.
Perhaps the most famous tribute in my constituency is the mural of David Bowie just outside Brixton station. David is one of Brixton’s most famous sons, having grown up on the boundary between Brixton and Stockwell. He attended Stockwell Primary School until the age of six, and he went on to be a worldwide cultural icon. Like many musicians of his time, he travelled up and down the country to play his music and draw inspiration.
Famously, David lived in Berlin for three years. During that time, as some hon. Members will remember, he recorded “Heroes”, a song telling the tale of lovers on either side of the Berlin wall at a time when people as young as 18 were shot for simply trying to cross the border. A decade later, David gave an emotional performance of “Heroes” close enough to the wall for thousands of young people on either side to listen and sing along. When he died in 2016, the German Foreign Office paid tribute to him by linking to his performance and praising him for his work in bringing down the wall.
That shows the valuable contribution of our music. Music is perhaps one of our most crucial and valuable exports, and it has a profound political impact across the world. However, that only happens when our musicians can travel freely across Europe and across the world. It is not just the big bands that create such cultural capital, but the many smaller touring bands, orchestras and freelancers. They all give British music a unique standing in the world.
I cannot claim to have a record like my hon. Friend the Member for Cardiff West (Kevin Brennan), but I can claim to have played the melodica at primary school—and to have played it very badly. However, I want to pay tribute to the cultural hub that is the South Bank Centre, home of the Royal Festival Hall, in my constituency. It supports so many young people from right across my constituency, from that of my right hon. and learned Friend the Member for Camberwell and Peckham, and from many other constituencies. Before covid, it hosted an annual music festival put on by the Lambeth Music Service, which saw over 3,000 young people coming together, performing and playing a range of instruments. That is how we support our young people to get active in music, so that they can fulfil their ambitions and professions. That will not happen if these barriers stay in place.
Not allowing our musicians to travel not only weakens our position internationally but severely impacts the income streams of many performers. After such a desperate few years, our musicians are crying out to perform. They want to do what they know best: they want to play to the crowds; they want to support local businesses; they want to support local residents; they want to be able to employ people to start their careers. That will happen only if we support them from the outset.
It is not right that our musicians are missing out on vital touring opportunities. The Government have to listen. I ask the Minister to listen to all of us—this issue has cross-party support—and to the Musicians’ Union and others, and to reach an agreement so that our musicians can travel freely.
John Nicolson (Ochil and South Perthshire) (SNP)
I thank the right hon. and learned Member for Camberwell and Peckham (Ms Harman) and the hon. Member for Somerton and Frome (David Warburton) for securing the debate. It is a pleasure to serve under your chairship, Dr Huq. I always say that; I do not always mean it. In this case, I wholeheartedly do.
Oh, my goodness—here we are again! The needle is stuck. The arguments go round and round. I realise that I have spoken about this issue in the House six times over the past 12 months; let us hope that this is our farewell tour. We have today heard some very familiar lyrics, and as plaintive as ever. We know that swathes of the creative industry are suffering directly as a result of Brexit, with endless bureaucracy.
Lord Frost, that living rebuke to the unelected Brussels bureaucrat, fessed up at the Digital, Culture, Media and Sport Committee, and told us that the sector had been thrown under the Brexit tour bus mid-negotiation. Even Brexiteers booed metaphorically. As we have heard, only the richest artists can navigate the endless red tape and visa costs. But they are not all Elton. DCMS Ministers were not even a support act in those negotiations.
How did we get to this place? The much-trailed bespoke deal that the UK proposed had no precedent, as Ministers told us at the time. The Incorporated Society of Musicians warned that the EU would not sign up to it. Instead, the EU offered a standard visa waiver, the UK said no, and we found ourselves in this mess—artists abandoned for Brexit zealotry.
As the disastrous consequences of the hard Brexit that the UK Government were imposing on the sector dawned, the then Culture Secretary, the right hon. Member for Hertsmere (Oliver Dowden), sprang into action, setting up the creative and cultural touring project, with the aim of striking 27 separate touring visa deals with EU countries. The group met a grand total of once, in January. When the hon. Member for Gosport (Caroline Dinenage), then a Minister, appeared before the DCMS Committee on 16 February, she confirmed, shockingly, that no negotiations with EU member states had begun—lethargy, torpor, lazy chaos. Even today, six EU countries have no visa waiver arrangements with the UK. Carnets and other customs controls are delaying artists and their crews. Contingency days need to be scheduled into tours—needless Brexit bureaucracy, needless Brexit bills.
For wealthy artists, this is manageable, but for our new talent it is not. Music is perhaps these islands’ greatest export, but if we lock young artists out of much of Europe, they will miss a vital market. Orchestras, which by their very nature have to transport at times hundreds of instruments, cannot afford to tour. As the Association of British Orchestras says,
“These added costs, delays and administrative burdens result in damage to our international reputation, to cultural exchange, and damage UK orchestras’ already fragile business model.”
The road haulage sector can be added to the long list of businesses suffering because of Brexit and the UK’s disastrous failure to negotiate a decent deal with the EU. As Members will know, without multiple truck stops, there can be no European tours using UK hauliers. Currently, UK vehicles that weigh more than 3.5 tonnes are banned from making two stops before returning home. That is having a crushing effect on UK haulage. The larger players will be forced to relocate much of their business, as we have heard, away from the UK to EU countries, but smaller players will be forced out of the market altogether. I do not remember seeing huge new visa costs, reams of new red tape and creative sector jobs lost on the side of that Brexit tour bus.
The UK Government are failing to engage with the industry in a constructive way. They continue to pursue headlines. That is what the House of Lords European Affairs Committee concluded last week, expressing the industry’s despair in a letter to the world’s worst negotiator, Lord Frost. I think we all think it is time for him to step aside and for the UK Government to stop pretending this problem is solved. The Pollyanna Brexit fantasy does not wash with musicians and road hauliers facing real hardship. Listen to the industry, Minister, and let us get this issue properly sorted once and for all.
Alex Sobel (Leeds North West) (Lab/Co-op)
It is particularly apt that you are chairing today’s debate, as a published author on music, Dr Huq. I thank my right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman) not just for securing the debate, but for all the work she has done. We have seen a breadth of support on this issue, much of which she has corralled—and perhaps carolled—into being.
The creative industry is the fastest growing sector in the UK. There are 2,000 employed musicians, 10,000 freelancers and 2,000 administrative and technical workers. Millions of children and adults are currently undertaking music as an educational pursuit in schools, community settings and elsewhere. This country needs its musicians. We will be able to retain them only when we recognise the problems in the industry and work with them to resolve them.
My hon. Friend the Member for Vauxhall (Florence Eshalomi) made a very good point about her former constituent David Bowie, who I saw at Glastonbury. Will we see more artists like him if we do not resolve this issue? I have to say the Brixton Academy is one of the best venues in the country and I have been there many times.
This has been the most difficult time for the music industry in generations. Covid-19 has devastated live performance and meant restrictions on travel as well as performance and teaching work—a point well made by my hon. Friend and gig companion, the hon. Member for Bristol East (Kerry McCarthy). I look forward to many future concerts with her—perhaps one or two in the EU if we resolve this issue. The live events sector was the last to reopen after lockdown. Musicians across the country were forced to rely on the complex self-employment income support scheme, their savings or, in some cases, universal credit for income. Many have fallen out of the industry altogether.
We have emerged from lockdown into post-Brexit Britain, which has had a substantial impact on any musician or arts organisation that depends on touring in the EU. In 2019, UK artists played almost four times as many shows across the EU as they did in North America, sustaining an estimated 33,000 British jobs. As a result of the UK-EU trade and co-operation agreement, in which the EU and UK failed to reach agreement on a visa waiver for performers, EU countries now treat UK performers and crew as visa nationals when entering the EU to do paid work. As a result, as we have heard, UK musicians must now navigate 27 different sets of rules for 27 different countries. Add to that the complexity of navigating the various covid restrictions in each country and we have a significant problem.
The Chair of the Digital, Culture, Media and Sport Committee, the hon. Member for Solihull (Julian Knight), rightly made prescient points about the lack of meetings and the lack of progress by Lord Frost. I do not blame the Minister, who is new in post, but I certainly blame Lord Frost.
I am pleased to note that in the past few days there has been a waiver for British musicians in Spain. Spain was a particularly challenging place for musicians to obtain the right to work without a visa; many musicians described the process as incredibly stressful and the amount of financial information required as extremely invasive. Although the issue has now been resolved, it is important to note that its resolution was within the gift of the Spanish Government, after extensive discussions with our music industry leaders. The problems encountered with Spain still exist in other EU countries.
My hon. Friend the Member for Cardiff West (Kevin Brennan), who is an accomplished musician and hopefully a future EU touring musician, was right to say that the issue had been made one of immigration. It should never have been about immigration. I am not the shadow immigration Minister; the Minister is not the immigration Minister. This is a matter for the creative and cultural sector.
Even getting across the border is a huge challenge. Carnets, cabotage and post-Brexit customs controls have meant increased time crossing the border, often costing days of touring time. Eurostar is not a designated port, despite the sector’s repeated calls for it to be since the EU referendum, so musicians have no option but to fly to Europe rather than take the train. Touring musicians care deeply about the climate. Post COP, why are the Government pushing aviation emissions when it is quicker and easier to go to Europe by train?
Those who travel by road—particularly larger ensembles such as orchestras, which travel with special equipment—face big problems at the border. The Association of British Orchestras says:
“A specific concern for UK orchestras is that so many of the ABO’s members operate their own trucks—these are adapted at sizeable expense to accommodate fragile and high value musical instruments—for example humidity and temperature controls, air conditioned, special suspension, special brackets inside to support the instruments.”
It points out that drivers also have specialist knowledge.
In preparation for this debate, I spoke to many musicians and artists who are struggling post Brexit. While I was at COP in Glasgow last week, I met Stuart Murdoch. I am really pleased that his Member of Parliament, the hon. Member for Glasgow North (Patrick Grady), is present; we were both with Stuart at a Belle and Sebastian event last week.
Belle and Sebastian are touring nine European countries in the spring. Stuart told me:
“The new rules cause a significant difficulty for us, our crew and the whole industry. Financially, the additional costs incurred for touring clubs and small venues between 200 and 500 people make it impossible to organise a European Tour without third party support. We tour venues between 1200 and 2000 capacity and we can just about make that work. Increased costs of visas, carnets and testing bring a double whammy of Brexit and Coronavirus. The big issue for crew is the 90 days of 180 which could push them out of the industry”—
a point made by the chair of the all-party parliamentary group on music, the hon. Member for Somerton and Frome (David Warburton), whose leadership on this matter I absolutely rate; I thank him for all his work and look forward to the inquiry that the APPG is launching next week. Stuart also said:
“Passports are retained by Embassies when they are needed to cross borders—even with 2 passports it’s proving near impossible to operate.”
Simon Rix, the bassist in West Yorkshire’s most successful ever band, the Kaiser Chiefs, told me:
“The current legislation post Brexit will make it impossible for the next Adele, Ed Sheeran, Kaiser Chiefs to learn their craft and reach the necessary wider audience that Europe provides. On a personal level it will mean us travelling there less for a number of reasons. Carnet rates at 40% and import duty on merchandise making it harder to make any profit. The merchandise alone would pay for fuel/accommodation for smaller bands and these rules make it financially unsustainable for all but the biggest acts. All this also means less tax income for the country. It would also lead to us outsourcing for crew, lights, PA and trucking meaning less UK jobs and companies moving their business to EU countries.”
Nathan Clark, who runs the best venue in the UK —Brudenell Social Club in my constituency, where I recently saw Sir Tom Jones, whom my hon. Friend the Member for Pontypridd (Alex Davies-Jones) mentioned in her excellent speech—told me:
“The impact has been twofold. Both in some cancellations of venue bookings due to an artist’s tour not being viable enough across the whole tour, therefore economic cost to us. But the impact of local artists who are now skipping a tour in Europe due to both financial cost, but also mental stress of navigating a tour production, unlike ever before for new aspiring artists exporting their talent.”
There is a risk that when we talk about UK music output, we talk only of major recording and touring artists or highly esteemed orchestras. We can fall into the trap of talking about the industry only as an economic equation, as I did earlier in my speech, but the truth is that much of our cultural offering to the world comes from grassroots artists and freelancers, who are bringing art and culture from every community in the UK.
Matt Holborn is a UK-based violinist, band leader and touring artist. He articulated to me the real threat both to freelance musicians and to music itself, saying:
“as someone who has organised tours and one-off gigs across Europe, Brexit has certainly put a stop to all of it, for the time being. People who are signed to minor record labels…are having to cancel European tours that have been in the planning for years due to the complexity, uncertainty and potential costs…As a freelancer, I have basically written it off now, I haven’t organised with my contacts abroad and haven’t booked in the gigs that I did pre-Brexit and pre Covid. Covid has provided a double whammy, just as you get your head around the visa rules for each country you also have to consider the Covid rules as well.”
We are where we are, and at this time we do not want to start rehashing the debates around Brexit or covid, which might get us nowhere in the short term. In this debate, it is important that we on the Opposition Benches offer practical solutions to this problem, so here are some, and I hope that the Government will take them on board and offer the creative industry some assurance that this situation will get better. I hope that the Minister will respond to these points.
First, let us look at reciprocity. We need to deal with the fact that there are 27 different sets of rules for musicians and music workers to navigate, as compared with the UK’s relatively liberal rules for international musicians to come here through permitted paid engagement and tier 5 visas. We must redress that imbalance and seek reciprocal visa and work permit arrangements for our UK touring artists with the EU. Better yet, the Government should engage with the EU and seek an agreement on a visa waiver for performers, as exists between the EU and other third countries, as well as a waiver on carnets and cabotage. The industry must also have a transparent view of these negotiations through the Government reporting to it and to this House any progress that is being made, particularly in relation to countries that do not offer a cultural exception such as Croatia, Greece, Portugal, Bulgaria, Romania, Malta and Cyprus.
Other practical steps would include making Eurostar a designated entry and exit point for carnets and cabotage, as well as agreeing a reciprocal arrangement with the EU for the movement of goods for cultural purposes or, at the very least, an exemption for operating on one’s own account. We need an agreement on truck stops, which may look like an EU-wide cultural exemption; on the movement of specialist vehicles; and on transporting concert equipment and personnel. During the negotiation period, the industry needs interim support to mitigate the large-scale disruption caused by Brexit. As we know, negotiations of this sort can take years, so we need something in place now to ease the concerns of the industry. DCMS must produce clear and accessible guidance for musicians at every level as to what they need, and for where. We need to support our musicians, not bury them in a sea of complex administration that is easy to get wrong. I know that thus far, DCMS has been reluctant to provide guidance, or to support any guidance produced by the sector. That needs to change, and greater partnership work in this area is essential.
In the long term, we need a viable plan for UK artists and crew to continue working in all EU27 countries without costly permits or bureaucracy. We have to look at ways to ease the burdens on European tours through some of the measures I have just outlined, and we also need to discuss and focus on what we can do domestically to provide a thriving cultural arena for musicians and artists. I hope that the Minister can address all those points.
The Minister for Media, Data and Digital Infrastructure (Julia Lopez)
It is a pleasure to serve under your chairmanship, Dr Huq, and I am really glad to be here to discuss the important issue of touring. I am particularly grateful to the Mother of the House for engaging on this issue and setting out some of the economic, cultural and quality-of-life reasons why music is so important to us all. I certainly agree with her; I do not want the UK to become a cultural Galápagos, and I am confident that it will not. I am very glad that she has also spoken directly to the Secretary of State, and has acknowledged our mutual desire to get movement on this issue. I am also very grateful to her for offering to work in close partnership on this issue, and I shall take her up on that offer.
I appreciate the contribution made by my hon. Friend the Member for Somerton and Frome (David Warburton). He is an accomplished musician and a great champion for the industry, and I look forward to working with him. He also makes a very important point about the importance of services as well as goods, an issue that I agree is too often overlooked. I also emphasise that the cultural industries are not niche industries but real economic drivers of growth. I also thank right hon. and hon. Members for the quality of the contributions we have heard today, especially from members of the Digital, Culture, Media and Sport Committee. I feel compelled to insert a Tom Jones pun, but the less we talk about sex bombs in this place, the better. [Laughter.]
I am also very grateful to the chairman of the DCMS Committee, my hon. Friend the Member for Solihull (Julian Knight), who has made a similar point about how important DCMS is as a Department. This is not some Ministry of Fun: it too often suffers from that perception, but it is a serious economic Department and it needs to have that place within Government—I would say that now that I have moved, wouldn’t I? On the cross-departmental working issue, I reassure Members that I had a former role in the Cabinet Office, so I have contacts there. I understand how some of the European issues work—the committee structures and so on—and I am very keen in this new role to champion DCMS within those committee structures, and make the point that this is an incredibly important issue. I appreciate the comments that have been made about Lord Frost; I have no desire to promote myself to his position, nor would I have the power to, but he is doing some very difficult and complex work, and we appreciate the work that he does for the Government.
As we all know, the UK has left the EU, and it was inevitable following this that there would be changes in how creative professionals toured. I appreciate that the situation has been exacerbated by the pandemic, which has led to uncertainty in the sector, which we are seeking to resolve.
Hon. Members talked about the difference between some of the larger groups, with more money behind them, and the complexity for a smaller band or individual that is touring, and how it can be very difficult to navigate the bureaucratic issues around touring. I very much hear that issue, so throughout this year my Department has been working very hard to support the touring sector by clarifying arrangements, helping the sector to adapt and, where possible, looking at what we can do unilaterally and with EU member states to make things much easier.
Indeed, I had a very good meeting yesterday with representatives of the touring sector; in fact, I think it was the seventh meeting of the touring working group. It was a really productive meeting. I took down a lot of notes myself about some of the issues that I need to raise with ministerial colleagues.
However, this week was also a positive week. We have made good progress with Spain in relation to short-term visas for touring artists, and I will meet the Spanish ambassador next week, when I hope to ensure that we have worked through all the different issues, so that there is not just a headline but we actually have the details in place. I also hope to use this moment of engagement with Spain to encourage the final six countries to follow suit and provide clarity for people on the issue.
It is clear that although some significant issues remain—I am not a Minister to try to gloss over any issues; I want to work through them—I also wish to emphasise that I think the arrangements are more workable than has at times been portrayed. It is important for all of us to try to build confidence in the sector and to say what can be done, as well as highlight some of the issues that remain.
Touring generally involves the movement of people, goods and vehicles. I will initially focus on visas and permits, but I will address some of the other issues in turn, to highlight what my Department has done and is doing to progress these issues, notwithstanding the fact that some issues are within the remit of other Departments.
In the negotiations for the trade and co-operation agreement with the EU, we sought to ensure that touring artists and their support staff did not need work permits to perform in the EU. However, those proposals were rejected. Our recent trade deal with three European Free Trade Association countries, which include those provisions, was based on the same offer, which shows that it is workable.
I am aware that there have been calls for the Government to negotiate a visa waiver; that issue was raised by a number of hon. Members here in Westminster Hall today. We have engaged extensively with the industry on this proposal, but unfortunately we do not think it is viable. It is not Government policy to agree visa waivers, and the EU did not offer a visa waiver for paid activities during the TCA negotiations. What it did offer was a reciprocal visa waiver agreement covering all current member states and any future member states for short stays, for example as a tourist. However, nothing in this proposal would have compelled member states to change their visa regimes for paid engagement, and we think that remains incompatible with our manifesto commitment to take control of our borders. In addition, we do not think that it would meet the sector’s needs. We enable visa-free visits by EU citizens, but we wish to retain control of how we apply this policy, and it is important to stress that no major G7 economy has agreed to lock in its visa systems with the EU in this way.
Lord Frost has used the TCA’s committee structures to note the importance of this issue to the Government and we have also raised touring during the most recent meeting of the EU-UK’s Trade Specialised Committee on Services, Investment and Digital. However, our focus is now on working directly with EU member states and, as we have seen with the good progress this week, it is they who are principally responsible for deciding the rules governing what work UK visitors can undertake in their country.
We first want to address the uncertainty that is felt by some in the sector. It has been apparent that the information available online from member states regarding visa and permit requirements for touring musicians is at times lacking in detail and difficult to follow. As I have said, Spain has been a particular focus, and touring was raised with the Spanish Government by Ministers from across the Government, including by Ministers from the Department for Digital, Culture, Media and Sport, from the Foreign, Commonwealth and Development Office, from the Department for International Trade and from the Cabinet Office, as well as by our ambassador in Madrid. Following that, as I have said, I am very pleased that there has been movement on this issue this week.
Kevin Brennan
I am not sure that the point about the G7 and visa waivers is a particularly strong one. After all, three of the G7 countries are France, Germany and Italy, so they are members of the European Union. The others are Canada, Japan and the United States, which are all many thousands of miles away from the European Union. We are the only G7 country that—as the Chair of the Select Committee, the hon. Member for Solihull (Julian Knight), said—is 20 miles away from the European Union and in the case of Northern Ireland no miles away. So I would not rely on that point as a very strong argument against locking in our system to a visa waiver agreement in relation to the creative industries.
Julia Lopez
I appreciate the hon. Gentleman’s intervention and I also appreciate the point he made earlier about wanting to disentangle this issue, so that it is not an immigration issue; this is about the importance of our creative industries and their economic power. I am happy to explore this issue further in response to some of the points that have been made here this afternoon.
Spain is a major market for UK touring artists, and it is one of the big ones that we wanted to solve. The sector has done tremendous work in advance of the announcement. It was a good example of where we can all work together to dismantle remaining barriers.
Twenty-one EU states have now confirmed that they offer visa and work permit-free routes for musicians and creative performers. I recognise that the visa and permit situation for touring has changed since EU exit, and it requires adaptation, but it is important to recognise that those routes exist. We try to provide clarity on gov.uk, so that people understand the arrangements before they have to leave.
At present, six EU member states do not offer visa or work permit-free touring. We have lobbied and will continue to lobby those countries to allow creative professionals to tour easily. As I say, I want to use the Spain breakthrough as a moment to re-engage with those member states. Those countries would benefit from the cultural exchange and the positive financial spill-overs that touring inevitably brings. UK Music, as others have said, has found that in the UK, for every £10 spent on a ticket, £17 goes back into a local economy. Therefore, if those EU member states change their position, we believe that they will find a similar benefit. We have emphasised that point in our engagement.
Ultimately, those are decisions for those six member states, but we are using the diplomatic tools at our disposal to get a good outcome for our industry. It is important for the Government and the sector to work together in that effort. As I said, yesterday I spoke to the sector and to the touring working group, and the Secretary of State engaged earlier this week with Sir Elton John in a productive and positive meeting. As singers and performers know, combining our voices will make the greatest impact. I appreciate the help of everyone in the Chamber in making the case.
To turn to the concerns about the movement of goods and vehicles, there are new requirements, with potential costs and paperwork to do with the ATA carnet documentation, and the movement of merchandise or of instruments made from protected materials. Some of those were raised in the meeting yesterday. The new cabotage rules can limit the movement of vehicles to a maximum of three stops. As I mentioned at the start of my speech, those changes could be particularly concerning for emerging artists. We have worked across Government to provide clarity on the issues. In many cases, the arrangements are much more workable than is at times reported—that is not to diminish the concerns expressed.
For example, a UK band can pack a van with their instruments, equipment and up to nine people and travel around the EU without being subject to the TCA cabotage restrictions. They may also take their portable instruments and equipment without the need for carnets, and EU rules state that each individual is able to take up to €1,000 of merchandise into the EU to sell on tour without paying customs duties.
In cases when a carnet is required, that is a single document that can be used for multiple items as many times as required in approximately 80 countries around the world for a 12-month period. Carnets have long been a familiar feature of touring. They were needed whenever touring was taking place beyond the EU, including for example to Switzerland, so this is a case of adaptation.
Kerry McCarthy
Will the Minister clarify? When she says that there is one carnet, but everything has to be listed, my understanding is that with a drum kit, someone cannot just say, “Drum kit”, but must specify every different cymbal and drum. Is that the case? Even though it is all on one piece of paper, that could still amount to a huge amount of bureaucracy.
Julia Lopez
I appreciate the hon. Lady’s point and I am happy to take it away. I am fairly new to this area, so with some DFT issues I will not be able to give clarity on all the details. I am happy to write to her.
I have also been listening to the music sector’s concerns about the possible designation of St Pancras as a port designated under CITES—the convention on international trade in endangered species—for artists carrying instruments made of protected materials. The number of CITES ports in the UK has already increased from 24 to 36 over the past year, and the Department for Environment, Food and Rural Affairs and Border Force are working together to look at the possibility of St Pancras being added to that list. I am keen to accelerate that.
The Government have engaged with the sector’s concerns about the restrictions to do with cabotage and cross-trade that apply to single-use trucks, issuing a call for evidence on options in the summer. It is worth reiterating that during negotiations for the TCA, we proposed specific market access rights for specialist hauliers carrying out tours for cultural events, but the EU did not agree. To help artists navigate such issues, we have developed creative sector-specific landing pages on gov.uk to signpost relevant guidance. We continue to work across the board to encourage updates to guidance and to ensure that rules are clear and accessible.
The UK’s cultural and creative industries are an integral part of our economy across the UK, and they play a huge role in a truly global Britain. That point was made by a number of hon. Members today. We continue to support our creative industries through a range of export support programmes, including the music export growth scheme. We also recently launched the export support service, where UK businesses can get answers to practical questions about exporting to Europe. In our meeting yesterday, a Department for International Trade official highlighted some of the new services available to musicians. These are all with a view to strengthening the international reach and reputation of our creatives, and the benefits they bring to our economy, culture and society. I will continue to work with Departments, the creative industries trade and investment board, and sector representatives, such as UK Music, to see what more can be done to help the industries adapt to these new arrangements with the EU.
To conclude, leaving the EU has led to a number of changes. We recognise the uncertainty and concerns felt by our musicians and the creative sectors, and my Department and the Government as a whole have worked very hard to support them. Across issues relating to the movement of people, goods and vehicles, we have engaged extensively with the sector to understand and grip those concerns and help people adapt. Like hon. Members, I want to see UK creatives tour and perform in the EU not just for our musicians but because they have so much to offer people in member states, and I hope we can make sure that can happen.
Ms Harman
We have heard incredibly compelling speeches. The Minister will have heard the real sense of frustration and that patience is running out, and I am sure she will take that to heart. Some problems are intractable for Government—this is not one of them. It can be solved, so the Minister should bear that in mind. Some actions that Government take cause a backlash. There will be no backlash when this problem is solved, and she should bear that in mind as well.
I would like to give the Minister a couple of sisterly suggestions, which are very genuinely felt. I suggest that she goes on a European tour, literally going to different European capitals, starting with Brussels, taking her officials with her and talking to her counterparts there. Before she goes, she should download the forms, see what she makes of them and try to fill them in herself. She should engage, as it were, as a musician and then go, as a Minister, to those European capitals, and she will find people willing to help and she will learn more. It will empower her when it comes to dealing with Lord Frost, of whom mention has been made today.
On behalf of Members, the sector, and the Government keeping their promises, she must be quite clear with Lord Frost that he must be part of the solution and not an obstacle to it. The Prime Minister is having enough rows with enough people right now. This issue does not need to be a row if Lord Frost becomes a facilitator rather than an obstruction. It is not always that a junior Minister can do something really meaningful, that will really make a difference, that gives real job satisfaction, and which people will be grateful for. She has that opportunity; I hope she will act very quickly because time is running out.
Question put and agreed to.
Resolved,
That this House has considered enabling visa- and permit-free working for musicians in the EU.
Written Statements
(2 years, 5 months ago)
Written StatementsRead Full debate Read Hansard Text
Border Operating Model
(2 years, 5 months ago)
Written StatementsRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Paymaster General (Michael Ellis)
Today the Government have published an updated border operating model. This new iteration of the model reflects the revised timetable for the introduction of UK border import controls, as announced on 14 September. It also provides additional material on the detailed implementation of sanitary and phytosanitary (SPS) controls and the goods vehicle movement service (GVMS). This update will bring the border operating model in line with other guidance available on gov.uk.
This updated border operating model will continue to help businesses which trade with the EU to understand the approaching new requirements and those which are already in effect. We are also encouraging businesses to access the resources available at https://gov.uk/guidance/help-and-support-if-your-business-trades-with-the-eu.
Future updates to the border operating model will be made online through gov.uk: https://www.gov.uk/government/publications/the-border-operating-model.
A copy of the updated border operating model has been deposited in the Libraries of both Houses.
[HCWS401]
Tax Administration and Maintenance Plans
(2 years, 5 months ago)
Written StatementsRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Financial Secretary to the Treasury (Lucy Frazer)
Autumn Budget and spending review 2021 announced that the Government would bring forward a further set of plans for tax administration and maintenance later in the autumn, which follows a similar set of announcements published in “Tax policies and consultations: Spring 2021” [CP 404] after the spring budget. I am pleased to confirm that the Government will set out these announcements on 30 November. The tax administration and maintenance Command Paper will outline further steps the Government are taking to further progress tax simplification, tackle non-compliance and ensure our tax system is fit for the modern world.
[HCWS403]
Amesbury Incident 2018
(2 years, 5 months ago)
Written StatementsRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Secretary of State for the Home Department (Priti Patel)
I am announcing today the Government’s decision to establish an inquiry under the Inquiries Act 2005, to investigate the death of Dawn Sturgess in Amesbury on 8 July 2018, after she was exposed to the nerve agent Novichok.
The inquiry will be chaired by the hon. Baroness Heather Hallett DBE.
Baroness Hallett is a Cross-Bench life peer who was nominated by the Lord Chief Justice to lead the investigation and inquest into Dawn Sturgess’s death. In accordance with section 3(1) of the Act, this inquiry will be undertaken by Baroness Hallett alone as Chair.
The Government are establishing an inquiry after careful consideration of advice from Baroness Hallett that this is necessary to permit all relevant evidence to be heard. This is an important step in ensuring that the family of Dawn Sturgess get the answers they need.
The current inquest will be adjourned after the establishment of the inquiry.
I will place a copy of the terms of reference for the inquiry in the Libraries of both Houses.
The inquiry’s investigations will be a matter for the Chair. As the sponsoring Department, the Home Office will provide support and ensure that the inquiry has the resources that it needs.
[HCWS402]
Taking Control of Goods (Fees) (Amendment) Regulations 2021
(2 years, 5 months ago)
Written StatementsRead Full debate Read Hansard Text
The Parliamentary Under-Secretary of State for Justice (James Cartlidge)
My noble Friend the Parliamentary Under-Secretary of State for Justice (Lord Wolfson of Tredegar) has made the following written statement.
“I have today laid before Parliament the statutory instrument, the Taking Control of Goods (Fees) (Amendment) Regulations 2021. This instrument clarifies the circumstances where a cost equivalent to the VAT incurred on fees may be recovered from a judgment debtor.
The Taking Control of Goods (Fees) Regulations 2014 (“the fees regulations”) set out the fees and disbursements that enforcement agents may recover from judgment debtors when enforcing. debts. The regulations were designed to provide fairness, clarity and transparency to allow judgment debtors to check that they had been charged the correct fees.
In March 2020, the Ministry of Justice consulted interested parties about draft guidance on the recovery of VAT on High Court enforcement fees. This set out that, while the judgment creditor is liable for any VAT due, a sum equivalent to the VAT costs may be collected from the judgment debtor where it is correctly a cost of enforcement because the creditor cannot recover it from HMRC.
On 13 October 2021, I issued a final version of that guidance to the High Court Enforcement Officers Association. In response to feedback about the draft, the guidance restricts the recovery of a sum equivalent to VAT from the debtor to cases where a creditor is not VAT registered. This is intended to make it as clear as possible about when the debtor may be asked to pay those costs.
Concern has been raised by some parliamentarians and interested parties about whether the law allows a sum equivalent to VAT costs to be recovered from judgment debtors in cases when it would represent a cost to the creditor and whether it is fair to do so.
While we take the view that the taking control of goods legislation when considered together with the common law position permits the recovery of VAT costs from debtors in this way, we have accepted, however, that this is an area where it would be beneficial to set out the position in regulations to put the matter beyond doubt.
This instrument, therefore, amends the fees regulations to clarify that a cost equivalent to the VAT incurred on enforcement agent fees and disbursements may be recovered from a judgment debtor if the judgment creditor is not VAT registered.
We consider that this instrument strikes the right balance between seeking to ensure that as far as practicable creditors are not left out of pocket as a result of enforcement and that debtors are not over-charged.”
[HCWS404]
Special Public Bill Committee
(2 years, 5 months ago)
Grand CommitteeRead Full debate Read Hansard Text
Thursday 18 November 2021
House of Lords
(2 years, 5 months ago)
Lords ChamberRead Full debate Read Hansard Text
New Hospitals
(2 years, 5 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness Walmsley
To ask Her Majesty’s Government what progress they have made towards their commitment of building 40 new hospitals.
The Parliamentary Under-Secretary of State, Department of Health and Social Care (Lord Kamall) (Con)
The Government committed in October 2020 to build 40 new hospitals by 2030. We have confirmed an initial £3.7 billion to support these schemes for the first four years of the 10-year programme. This, together with eight previously announced schemes, will mean that we will have 48 new hospitals by the end of the decade. Six of the 48 new hospitals are currently in construction, including the first of the 40 new hospital schemes, and one scheme is now complete.
Baroness Walmsley (LD)
My Lords, as the Minister said, eight NHS capital schemes already under way when the promise was made were added to the Prime Minister’s pledge for 40 new hospitals by 2030, but now their cost overruns will have to be paid for out of the original pot of money. Can the Minister say how many of the originally promised 40 will now have to be postponed and how many are really new?
Lord Kamall (Con)
The Government have said that we will deliver 40 new hospitals by 2030 and in October 2020 we published the full list of the 40. This includes eight schemes that were announced by previous Governments but are to be delivered this decade and 32 new hospitals. We have also confirmed that we will identify further new hospital schemes, the process for which is ongoing, with a final decision to be made in spring 2022. This means that 48 hospitals in total are to be delivered over the decade.
Lord Hunt of Kings Heath (Lab)
My Lords, I have here the New Hospitals Programme Communications Playbook, which the noble Lord’s department has put out and which makes it clear that if you build a new wing of a hospital, that counts as a new hospital. What is worse is that NHS bodies are being instructed to lie and propagandise on behalf of the Government. Will he withdraw this disgraceful communication?
Lord Kamall (Con)
I hope that the noble Lord will recognise that whenever a new project is started and there is a decision to build a new hospital in a community, it surely makes sense to look at whether there is space on existing sites. Otherwise, if we start criticising new hospitals on existing sites, there may be a perverse disincentive for a hospital to say, “Well, let’s build elsewhere”. when there is a perfectly good site. It is important, whatever you call it, whatever the semantics, to recognise that we are building modern, digital, sustainable hospitals for the future.
Lord Bethell (Con)
My Lords, we very much welcome the investment in physical buildings, but the modernisation of the NHS also depends on digital infrastructure and training. Will the Minister please tell us what steps he is taking towards a programme of technological improvements that are needed to modernise the NHS?
Lord Kamall (Con)
I thank my noble friend for the question—I have picked up many of the things that he started when he was in post. One of the great things about being the Minister for Technology, Innovation and Life Sciences is having a real ability to drive through digitisation of the health service, making sure that we have a modern health service that is fit for the future, so that if you are a patient in one part of the country and something happens to you, all your information is available elsewhere for the clinicians at the time and you get the best possible care. That is something that we should be celebrating.
Lord Jones of Cheltenham (LD) [V]
My Lords, one of the principles of managing taxpayers’ money is to take account of the revenue implications of a capital budget. In view of the projected increases in building costs, is the Minister confident that the new hospitals programme managers understand this? What is being done to recruit the necessary doctors, nurses, technicians and maintenance staff for these new and existing hospitals?
Lord Kamall (Con)
One thing that is exciting about the new hospitals is that we are going to transform the way in which we deliver new healthcare infrastructure. First, it will be sustainable, with net-zero carbon across the NHS. Digital transformation is key, making use of the latest technology, so no longer will we have microscope slides couriered between sites, but we can instantly see a digital image and assess it using AI. There will be standardised design and modern methods of construction and new hospitals will be integrated with local health and care systems. This is a project for a health system that is fit for the future.
Lord Lancaster of Kimbolton (Con)
Many of these new hospitals will be built in existing centres of population. My concern, though, is for areas of high projected population growth, such as the Oxford-Cambridge arc, where we always seem to be playing catch-up when it comes to medical facilities. Can my noble friend simply reassure me that the principles of “I before E”—infrastructure before expansion—will be applied when choosing where these hospitals will be?
Lord Kamall (Con)
I assure my noble friend that, in deciding where to build a hospital, among the things that the NHS and others look at are the needs in the community, existing infrastructure and making sure that we can build hospitals that are fit for the future, that are digital, that are transformative, but are led by clinicians as opposed to construction experts.
Lord Mann (Non-Afl)
The Minister said, just a moment ago, “whatever you call it”. When David Cameron was Prime Minister, he gave a pledge on district general hospitals and the definition of hospitals became important. Many of us said that, in order to be defined as a hospital, it had to incorporate 24-hour accident and emergency. What is the Minister’s definition of a hospital and is the pledge from David Cameron on district general hospitals current?
Lord Kamall (Con)
Each of the building projects will be a new hospital that will deliver brand-new, state-of-the-art facilities. One thing that we must be careful of is that if we say, “Well, you can’t call that a new hospital, even though it is a new facility, because it’s on an existing site”, we do not create perverse incentives, where the local NHS or the local ICS says, “We mustn’t build it there, because we will be accused of not having a new hospital”. Surely what we should be focusing on is outcomes, not inputs, and the fact that we are delivering modern, digital hospitals for the future.
Baroness Thornton (Lab)
My Lords, leaving aside the dubious and overinflated claims of 40 new hospitals, many of which are, in reality, upgrades—as welcome as they are—I and others in the House raised with the Minister’s predecessor but one in 2019 that there was an alarming repairs and infrastructure crisis, which was then in the region of £3 billion. Could the Minister explain to the House which part and how much of the new hospitals programme will address the immediate and urgent matter of crumbling wards, sewer leaks in wards and old and dodgy kit?
Lord Kamall (Con)
The noble Baroness will recognise that we need not only to build new hospitals but to upgrade existing infrastructure and this is all part of the capital programme. The decisions on individual hospitals and upgrades will be taken in local communities in consultation with clinicians and local ICSs.
Lord Balfe (Con)
My Lords, will the Minister avoid getting caught in a numbers game? We need an adequate number of beds in a good geographical spread to deal with the needs of the whole population. I hope that he will see this as part of an integrated expansion of the health service and that we will not get tied up with the numbers, as we did years ago—how many hospitals, how many this, how many that. We need an improved health service. This is a vital part of it, but it is only a part.
Lord Kamall (Con)
I completely agree with the sentiments expressed by my noble friend. Surely what we should focus on is output; surely what we need is the best healthcare system across the country. We need up-to-date healthcare with the best information from patients to make sure that we can diagnose and give them appropriate treatment, working with the very latest technology such as artificial intelligence to spot patterns, to make sure that we can also build in prevention when we look at tackling health issues in the future. I welcome my noble friend saying that we have to focus on output—modern digital infrastructure and modern digital hospitals fit for the future.
Baroness Brinton (LD) [V]
My Lords, my local hospital, Watford General, is on the list of 40 so-called new hospitals, although the plans have been in place and supported cross-party for close to two decades, and its infrastructure is failing. Despite a clear promise of funds by the Prime Minister during a visit to the hospital in October 2019, the trust is yet to be allocated funding from the Treasury and it remains a pathfinder. I want a clear outcome. When will funding be confirmed and granted?
Lord Kamall (Con)
On the point about the noble Baroness’s local hospital, I am afraid that I am not aware of where she is situated geographically, but I can tell her that six of the 48 hospitals are already under construction and one is now completed. I hope that the noble Baroness will write to me on the hospital that she referred to so that I can give her an answer.
Lord Foulkes of Cumnock (Lab Co-op)
My Lords, will the Minister stop waffling and put on record an answer to the question asked by the noble Lord, Lord Mann, saying precisely what he means by a “new hospital”? I tell him not to waffle back.
Lord Kamall (Con)
I thank the noble Lord for his advice just before I was about to answer. Whatever you call it—and we can debate semantics—the important thing is surely that we build new hospitals and upgrade existing infrastructure. Surely we should celebrate the fact that we are building 48 new state-of-the-art hospitals—
Lord Kamall (Con)
We should not celebrate building new hospitals? Well, there we are. We should celebrate the fact that we are building new hospitals to give patients the best possible care, aided by digital technology and making sure that they are sustainable.
Retained EU Law
(2 years, 5 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness Ludford
To ask Her Majesty’s Government, further to the Statement by the Minister of State at the Cabinet Office (Lord Frost) on 16 September (HL Deb, col 1533), whether the review of the substantive content of retained European Union law has commenced; and what engagement they are planning to undertake with stakeholders, including those in Northern Ireland.
The Minister of State, Cabinet Office (Lord Frost) (Con)
My Lords, I have now launched two reviews: one into the substance of retained EU law and one into its status in law. As regards the substantive review, departments have been asked to review and map the content of retained EU law that falls within their responsibility in order to be clear where the heaviest concentrations are and what the effect is. Departments are responsible for consulting stakeholders as appropriate in order to complete this task, including, of course, those in Northern Ireland.
Baroness Ludford (LD)
My Lords, the freezing of EU law in domestic law at the end of last year delivered legal certainty and stability, including for the position of Northern Ireland in relation to the EU single market. Will the Government take great care in unravelling that? How do they intend to implement any change to retained EU law? Will they commit to doing so through primary legislation only?
Lord Frost (Con)
My Lords, as regards Northern Ireland, we will of course proceed with an eye on stability and with predictability, as we have made clear on many occasions. On retained EU law more broadly, I noted in my Statement on 16 September that many such laws had not been discussed or agreed to in this Parliament in any way during the course of our EU membership and any amendments to those laws in future would need to reflect that reality.
Baroness Ritchie of Downpatrick (Lab)
My Lords, the Minister visited Northern Ireland yesterday and the day before and I understand that he met various people. Who were those stakeholders? Did he discuss this issue about the review of retained EU law? Did he also discuss the need, in his own words, to provide political stability and sustainability and the need to promote the benefits of the protocol through access to the EU single market and the UK internal market?
Lord Frost (Con)
My Lords, I indeed met a wide range of people in Northern Ireland yesterday, as I always try to. It is fair to say that I heard a lot of concerns about the way the protocol is being implemented. I heard some concerns about the democratic legitimacy of laws being imposed without consent and a great wish to do something about the current situation, which is what we are trying to do.
Baroness Smith of Newnham (LD)
My Lords, in answering my noble friend Lady Ludford, I am not sure that the Minister actually dealt with the question of whether any changes to retained law would be dealt with through primary legislation. Could he possibly try again? He suggested that the retained law had not necessarily been scrutinised by Parliament before and that any changes needed to reflect that reality. But surely, if we are taking back control, this House and the other place should be able to decide any changes to retained law. If so, how are the Government Whips going to find parliamentary time to do so?
Lord Frost (Con)
My Lords, the best way I can answer the question is to refer back to what I said on 16 September, when I referred to the democratic deficit issue of such law, and note that
“we will look at developing a tailored mechanism for accelerating the repeal or amendment of this retained EU law in a way which reflects the fact that, as I have made clear, laws agreed elsewhere have intrinsically less democratic legitimacy than laws initiated by the Government of this country.”—[Official Report, 16/9/21; col. 1533.]
There are various ways of achieving that end, and that is what we are working on.
The Lord Speaker (Lord McFall of Alcluith)
The noble Lord, Lord Lilley, is not present, so I call the noble Lord, Lord Dodds of Duncairn.
Lord Dodds of Duncairn (DUP)
My Lords, a bonfire of regulation or a selective shredding of EU retained law here in Great Britain will of course not apply to Northern Ireland because we still remain under EU control and EU laws and, as the Minister has said, with no democratic input whatever from anyone elected in Northern Ireland. How is Northern Ireland going to remain competitive or even on a level playing field if Britain diverges from it continuously, not just now but over years and decades to come, unless the protocol is changed?
Lord Frost (Con)
The noble Lord raises a very good question. It is indeed one of the difficulties with the protocol, as constructed, that EU law, in areas of the single market for goods, is imposed without any agreement by the institutions in Northern Ireland. That is a situation we are seeking to remedy in the negotiations I am currently conducting.
Baroness Chapman of Darlington (Lab)
My Lords, the Minister is being rather slippery in his responses to questions about retained EU law. The reason I say this is that we were promised—in the other place at least and, I am sure, in here too—that changes to retained EU law would be subject to primary legislation, and I can remember vividly Secretaries of State Raab, Barclay and Davis saying in terms at the Dispatch Box that this would be the case. Is the Minister now overriding that commitment?
Lord Frost (Con)
A number of things have happened since those commitments were made, including a general election, which we won with a clear set of policies. Our policy on this matter was as I set out on 16 September in my Statement, and we are considering the best way of delivering that policy.
Lord Wallace of Saltaire (LD)
I recall an earlier review of the balance of competences between the UK and the EU. Does the Minister recall that one of the most prolific submitters of evidence was the Scotch Whisky Association, of which he was then, I believe, director? All of them argued in favour of the advantages of the single market and shared regulation. Can he explain when, why and how he went through a damascene conversion from the evidence that was then submitted to his current extraordinary ideological position?
Lord Frost (Con)
My Lords, actually, I was not CEO of the Scotch Whisky Association at the time; I was an official, working on the very review the noble Lord refers to. The policy of the Government at the time was to remain in the European Union, and therefore it is not surprising that the review reached that conclusion.
Baroness McIntosh of Pickering (Con)
Will my noble friend ensure that any such review of retained EU legislation will be based on fact and science? He will recall that when the EU nitrates directive was adopted, the bar was set very high to prevent any recurrence of blue babies. There has been no blue baby for 400 years. Why then are we actually extending the nitrates provisions and making them even more stringent on our farmers, when we should be reducing the restrictions?
Lord Frost (Con)
My Lords, I am not familiar with the detail of the points my noble friend raises. The general point that the EU tends to legislate in a highly risk-averse way, which has economic consequences, is a good one, and we will obviously have it in mind as we take this review forward.
Baroness Fox of Buckley (Non-Afl)
My Lords, one of the key tenets of Brexit was the removal of substantive undemocratic layers above sovereign lawmaking to enhance democratic accountability. But does the Minister recognise that this control over laws is not yet a real, live felt experience for voters? If so, does he appreciate that the retained EU law review is an opportunity for a democratic engagement with voters—not stakeholders—about what they believe should be prioritised in the legislation, and that it should not be left to committees?
Lord Frost (Con)
My Lords, the noble Baroness makes an extremely good point, and it is our wish to widen this debate as far as we can. One of the ways of doing it, we hope, will be the standing commission on deregulation, which I referred to in my Statement of 16 September, on which I hope to be able to update the House fairly shortly.
Baroness Hoey (Non-Afl)
My Lords, the Minister talks repeatedly about stability in Northern Ireland, which is very important. How can he possibly think there will be stability in the future if Northern Ireland, under all these retained laws, will not get the benefit of them? Will he say now whether he actually contemplates Northern Ireland remaining under the EU’s VAT rules, for example?
Lord Frost (Con)
My Lords, we set out our position in the Command Paper of 21 July on VAT and many other points. Having two different systems of lawmaking on important points within the United Kingdom is likely to build up tension and divergence and create difficulties over time. We are trying to design a system in these negotiations that will resolve that. I wish we were making a bit more progress, but we will keep trying.
Leaseholders: Costs
(2 years, 5 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Kennedy of Southwark
To ask Her Majesty’s Government what steps they are taking to ensure that leaseholders and others do not bear the costs of repairing building safety defects for which they are not responsible.
Baroness Wilcox of Newport (Lab)
My Lords, on behalf of my noble friend Lord Kennedy of Southwark and with his permission, I beg leave to ask the Question standing in his name on the Order Paper.
The Minister of State, Home Office and Department for Levelling Up, Housing & Communities (Lord Greenhalgh) (Con)
The Government are investing £5.1 billion to remediate unsafe cladding and residential buildings over 18 metres. The Building Safety Bill will require building owners to consider other cost recovery routes for remediation before passing them on to leaseholders. A new developer tax and levy will ensure that industry contributes towards making buildings safer. For the small number of 11 to 18-metre buildings with remediation costs for unsafe cladding, we are exploring all options to make sure that leaseholders are protected.
Baroness Wilcox of Newport (Lab)
My Lords, does the noble Lord agree with his Secretary of State, the right honourable Michael Gove MP, when he expresses concern at leaseholders having to pay for all the faults and mistakes of others? If he shares that concern, surely the right thing, after all this time, is to make those responsible for this scandal—this crisis—pay up, not the innocent victims.
Lord Greenhalgh (Con)
My Lords, unsurprisingly, I completely agree with the Secretary of State on those principles, and I add a third: first, we need to protect leaseholders as far as we can; secondly, we must ensure that the polluter pays, and that goes beyond the developers to every single person who has contributed to this crisis; and thirdly, we need a degree of proportionality, so we do not create an industry that profiteers off the back of the poor leaseholders affected.
The Lord Speaker (Lord McFall of Alcluith)
Lord Haselhurst? Is he not present? Then I call the noble Viscount, Lord Stansgate.
The Lord Speaker (Lord McFall of Alcluith)
I call the noble Lord, Lord Young. Apologies.
Lord Young of Cookham (Con)
My Lords, I am grateful to my noble friend for what I know he was doing behind the scenes to sort this. Can he confirm that when his Secretary of State was given his new job, he was instructed by the Prime Minister to resolve the cladding crisis? This clearly involves measures beyond those that my noble friend has already referred to. If innocent leaseholders are to avoid financial distress, bankruptcy and eviction, either the Treasury or those responsible for building these defective flats will have to dig deeper into their pockets. Does he agree?
Lord Greenhalgh (Con)
My noble friend makes it easy for me: yes, I agree. Implicit in the fact that the Treasury would have supported a subsidised financing scheme is that we need more taxpayer subsidy, but it cannot be the only answer. We need to make sure the polluter pays, and the Secretary of State is looking at every avenue to do that.
The Lord Speaker (Lord McFall of Alcluith)
I call the noble Lord, Lord Haselhurst. Oh, apologies—I call the noble Baroness, Lady Pinnock.
Baroness Pinnock (LD)
My Lords, I remind the House of my relevant interests as in the register. If the Government are to avoid a torrent of bankruptcies by April next year, as has been predicted by Inside Housing, action must be swift. In particular, I ask the Minister about shared ownership. Somebody with shared equity of 25% is being asked to pay 100% of the remediation costs. That might be right in law, but it cannot be right in fact. What on earth are the Government going to do to safeguard shared owners?
Lord Greenhalgh (Con)
My Lords, I feel the burden, particularly on shared owners, who have a fraction of the equity in their home but face intolerable bills. I am surprised when I hear that social landlords, who should be caring for the people who live in those homes—the nurses and other people who support our NHS—are considering massive remediation schemes, very often for buildings that really require only mitigation at far lower cost instead. An MP raised a case with me yesterday of a nine-metre building where shared owners are facing bills of £20,000. That is because there is no sense of proportion. Let us get a sense of proportion, protect leaseholders and shared owners, and make sure that the polluter pays.
The Lord Speaker (Lord McFall of Alcluith)
My apologies to Members. My list was the list for the fourth Question, not the third Question. I think we are on the right track again if I call the noble Baroness, Lady Chakrabarti.
Baroness Chakrabarti (Lab)
My Lords, faced with repeated variations on this question from my tenacious noble friend Lord Kennedy of Southwark, I have heard the always affable Minister talk about this injustice in terms of complexity, sometimes referring leaseholders to their contracts. I am delighted that the new Secretary of State takes a more bullish approach, suggesting that leaseholders should pay nothing and acknowledging that we collectively—the department, some in local government and others in the private sector—failed people at Grenfell. That is a wonderful acknowledgement of principle. Why did it take four and a half years, and when will we move from principle to practice?
Lord Greenhalgh (Con)
We will move from principle into practice in a matter of months, but this problem has occurred over decades. Sadly, every decade, there has been a significant fire in a high-rise where there was a loss of life: Garnock Court in 1999, Lakanal House in Southwark in 2009 and the tragedy of Grenfell in 2017. Governments knew that cladding was often the cause, as it was in Garnock Court, and the regulations were actually dampened down under a previous Labour Government, who inserted the word “adequately”. It is a mess that took decades; give us months to sort it out.
Baroness Thornhill (LD)
Notwithstanding the Minister’s earlier comments, housing associations and councils too face a challenging situation. Both the LGA and the National Housing Federation have evidenced the double whammy of the financial burden to remedy the fire safety issues for the tenants and, consequently, less money to invest in their existing stock—in particular, to build new social and affordable homes. In the recent rethinking, please will the Minister agree to look specifically at the situation faced by housing associations and councils and consider widening the criteria for support for any money that is available? This is their tenants’ rent money, after all, and they too should not have to pay for 20 years of industry failure.
Lord Greenhalgh (Con)
Of course we want to protect leaseholders and ensure that social landlords can build new homes of high quality but, far too often, they as developers were in charge of building homes of poor quality, and they need to fix those homes. The figures are that, as of 31 October, £97.3 million has been approved from the building safety fund, and there is the £200 million to remove cladding of aluminium composite material. We are doing what we can to protect leaseholders, but we recognise the challenges faced by registered providers.
Baroness Warwick of Undercliffe (Lab)
My Lords, further to that very point, the Secretary of State, in front of the HCLG Committee, acknowledged the unfair and undue burden on both leaseholders and social housing tenants to shoulder the remediation costs. How do the Government plan to alleviate what the Secretary of State referred to as the Sophie’s choice of the housing associations between safety and investing in stock and quality?
Lord Greenhalgh (Con)
All major landlords, including social landlords, will have to do that as a matter of course. We are providing funds that will protect leaseholders where the balance sheet does not enable them to do so, and I have given those figures already. However, we ask for a sense of proportion from registered providers—I have reached out to the noble Baroness’s chief executive—not to inflate the bill just because the taxpayer sums are there, but to keep costs down. We need to ensure that together we remediate, mitigate where that is preferable to remediation, keep tenants safe and use the affordable homes programme to build more homes.
Baroness Jones of Moulsecoomb (GP)
It is not just the remedial work, it is also the fact that insurance premiums have gone up, leaseholders cannot sell their property and they sometimes have to have a waking watch, which is a 24/7 dedicated project to protect from future fires. The Minister said that the polluter pays, but that is not how I see it. The Government are using taxpayer money to finance this. Why are the Government not insisting that builders pay? Is it more corruption: these builders and developers are government friends, so they should not have to pay?
Lord Greenhalgh (Con)
I think that is an unfortunate line. Developers have caused this, and there are the insulation manufacturers and product manufacturers in the frame—for instance, for fire doors that do not act as fire doors. We have announced both a tax and a levy, and the new Secretary of State has further plans to ensure that the polluter will pay.
Baroness Ritchie of Downpatrick (Lab)
My Lords, for the avoidance of doubt, what assessment has been made that the building safety levy will provide the most balanced approach for funding historical remediation of building safety defects? Have the Government carried out an impact assessment?
Lord Greenhalgh (Con)
The building safety levy is one in a suite of measures. The Gateway 2 levy which the noble Baroness refers to runs alongside the residential property developer tax. There is a levy and a tax. That will make a contribution but, by and large, we are seeking to fund the running cost of a high-risk regime, so her question is not actually hitting the mark.
Rail Infrastructure: North of England
(2 years, 5 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness Randerson
To ask Her Majesty’s Government what plans they have to improve rail infrastructure in the north of England.
The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)
My Lords, this Government will be investing more than £35 billion in rail over the spending review period, including rail enhancements and vital renewals to improve passenger journeys and connectivity across the country, focusing on the Midlands and the north to level up the economy. Furthermore, the Government have today published our independent rail plan, a £96 billion programme to transform services in the Midlands and the north.
Baroness Randerson (LD)
My Lords, there has not been a major new rail line in the north of England since the Victorians. The Government promised to change that. Northern Powerhouse Rail was announced seven years ago, and the Government have re-announced it 60 times, but today’s announcement turns its back on that. Does the Minister accept that haphazard dollops of money—a scattergun approach to rail upgrades—will not create a transformation, and that cancelling the HS2 eastern leg is seen in cities such as Sheffield, York, Leeds and Bradford as nothing else than another broken promise?
Baroness Vere of Norbiton (Con)
I advise the noble Baroness to read the documents, which, when I left my office just now, had not actually been published. If she were to look at the integrated rail plan, she would see that it is comprehensive and very well thought through. It sets out exactly how the different pots of money will be used to create the sort of system that delivers for people in the north far sooner than other plans were going to. It also saves the taxpayer billions of pounds.
The Lord Speaker (Lord McFall of Alcluith)
I call the noble Lord, Lord Haselhurst.
Lord Haselhurst (Con)
My Lords, I think I should say that I am very grateful for this further opportunity to speak. If, as it now appears, the Government are backing away from large-scale rail infrastructure projects in the north in favour of less-costly targeted schemes, does this allow other regions, such as the east of England, to dare to hope that the damage they have suffered from the Beeching cuts will be reversed sooner rather than later?
Baroness Vere of Norbiton (Con)
My noble friend is not quite right to say that the Government are backing away from away from large-scale projects, as the IRP—when he is able to read it—will demonstrate to him. However, my noble friend is right that Network Rail has recently completed a study on the west Anglia main line and we are considering its findings. Network Rail is required to conduct similar studies for all parts of the network, and these provide helpful advice to government on potential investments for the future.
Viscount Stansgate (Lab)
Has the Minister seen the front-page banner headline in today’s Yorkshire Post? It says: “PM breaks his own rail pledge.” I want to ask a question about Leeds—and I gladly declare to the House what you might call a family connection. To be practical, can the Minister explain what impact today’s plans are going to have on a station such as Leeds where, as I understand it, HS2 would have had the effect of freeing up platforms for much-needed extra capacity? Without HS2, the existing platforms are going to have to cope with all existing and future demands.
Baroness Vere of Norbiton (Con)
My Lords, it is very difficult to have a sensible discussion on this topic on the basis of front pages of the media. It is impossible that the noble Viscount has been able have a look at the documents which, as we know are being published, possibly as we speak. However, I can assure him that we are well aware that Leeds is an incredibly important station. It is the fourth busiest in the country outside London. Passenger demand has increased by 30% over the last 10 years and the Government are committing to £100 million to look at the options for how to run HS2 services to Leeds, to build capacity and also to finally develop and deliver a mass transit system for Leeds.
Baroness Pinnock (LD)
I have a little quiz for the Minister. I am sure she will be able to come up with the right answer, but here goes. Which city has half a million people, considerable deprivation, a train service that takes over 20 minutes at just over 30 miles an hour to go nine miles to take people to jobs and connect them to the rest of the country and where 74% of jobseekers give poor transport links as a major barrier to getting on in life? Having named the city—and I am sure the Minister will be able to—perhaps she will, since she is so excited about the integrated rail plan, be able to confirm that that city is going to have its brand- new railway station which will give it the connectivity it needs and deserves.
Baroness Vere of Norbiton (Con)
My Lords, I have failed. I hear from behind me Halifax.
Baroness Vere of Norbiton (Con)
Bradford—ah, when the noble Baroness has been able to read the documents that are about to be published, she will see in there that we will be electrifying the route from Bradford to Leeds. The journey time will be hugely more reliable—it will take 12 minutes.
Lord Rosser (Lab)
The economy of the West Midlands, and Birmingham in particular, has been boosted by the construction and pending completion of the fast new rail service that is HS2. Despite what the Minister has been seeking to say, it appears that Leeds and the local West Yorkshire economy will now be denied the estimated full £54 billion of economic benefits of their HS2 link. Leeds, for example, will be a less attractive venue than it would have been for new and expanding businesses without its promised high-speed rail links. Northern Powerhouse Rail delivered in full was also set to deliver £22 billion for northern economies, including Bradford, by 2060, according to a report by Mott MacDonald. What is the Government’s estimate of the loss of projected economic benefits to Leeds and the West Yorkshire economy of the decision to backtrack on previous promises on the HS2 high-speed rail link to Leeds and on full delivery of Northern Powerhouse Rail? What is the loss of those economic benefits that were projected?
Baroness Vere of Norbiton (Con)
As the noble Lord will see when he gets to read the documents that are being published today, a huge number of projects are being brought together, and so many of those are around Leeds. It is the case that the core part of Northern Powerhouse Rail will be constructed, and that will provide those fast links through to Manchester. It is the case that there will be significant upgrades to the east coast main line and, of course, there will be electrification of the Midlands main line. Combining that with the construction of a mass transit system, I think, somehow, that Leeds is going to be all right.
Lord Framlingham (Con)
My Lords, I look forward to reading today’s document, and I hope it is good news for the north and the Midlands. I appreciate that I am a lone voice on this matter but, given that HS2 has been the disaster that everybody thought it would be, is doing huge damage to the environment, is going to bring little benefit to anybody and is costing now, or is supposed to cost, £150 billion and counting, could the Government not consider—if they cannot scrap it, which I think they should, even though it has cost money already—pruning it back seriously as quickly as possible and using the money saved and the expertise gained to look after railways in the West Midlands and the north of England?
Baroness Vere of Norbiton (Con)
I suppose we are doing a small amount of what would make my noble friend happy. We have looked at the different options. I would be the first person to stand there and warmly welcome a brand-new, big, expensive, shiny rail system— I love them. However, sometimes they take many decades to build, and they can be very expensive, and sometimes they just fly by various communities. What we have done is look at the amount of money that we have, the options that we have and the opportunities that we have to join up many more of the communities that were being missed out by previous plans. I am sure when we come back to discuss the integrated rail plan, we can go into that in more detail.
Lord Grocott (Lab)
Can the Minister confirm that upgrading an existing Victorian railway as opposed to building a brand-new railway is not a pain-free option? It will lead inevitably to weekend closures, disruptions to services, replacement bus services and all the paraphernalia of building a railway while you are trying to run one at the same time. How long will this disruption continue? Can the Minister also please tell us why it takes us far longer to build high-speed railways in this country compared with all our competitor countries and longer even than it took the Victorians who built them with picks and shovels?
Baroness Vere of Norbiton (Con)
The noble Lord is quite right to highlight the disruption caused by construction. It is the case, whether you are upgrading the east coast main line or, indeed, constructing a brand-new, HS2-type railway that there is disruption. We try to keep the disruption to the minimum. Obviously, when the RNEP is published and all of the programme is set out, we will be able to see how long each element of the plan is going to take and when the disruption will happen. Of course, the Government will try to minimise that as much as possible.
Protocol on Ireland/Northern Ireland: Impact on UK Internal Market
(2 years, 5 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Dodds of Duncairn
To ask the Minister of State at the Cabinet Office (Lord Frost) what assessment Her Majesty’s Government have made of the impact of the Protocol on Ireland/Northern Ireland on (1) Northern Ireland’s place in the United Kingdom internal market, and (2) the flow of trade.
The Minister of State, Cabinet Office (Lord Frost) (Con)
My Lords, the protocol recalls the importance of maintaining the integral place of Northern Ireland in the UK’s internal market and is clear that Northern Ireland is part of the UK’s customs territory. We are concerned that these provisions are not reflected in the way in which the protocol is being implemented. As a result, there is clear evidence of trade diversion. Trade data shows that trade between Northern Ireland and Ireland has increased significantly in both directions this year.
Lord Dodds of Duncairn (DUP)
My Lords, the Minister knows that the protocol is having a major adverse impact on trade flows between Northern Ireland and the rest of the United Kingdom, never mind the massive destabilising effect on the political institutions and the political process in the Northern Ireland. The chairman of Marks & Spencer says the EU proposals threaten to increase the administrative burden on imports to Northern Ireland. They could result in “worsening friction”, he says and, as a result, his firm and others might have to stop sending goods to Northern Ireland.
The head of the Road Haulage Association in Northern Ireland referred to the EU proposals as “window-dressing”. He knows, as we all know, that the EU proposals do not address the fundamental issues of the protocol. Will he now tell the House and tell the people of Northern Ireland when he is going to implement the proposals set out in the Command Paper of July this year to finally restore Northern Ireland’s place in the UK internal market fully, to fully restore Northern Ireland’s place inside the UK customs union, not on paper but in reality, and finally restore full democratic accountability to Northern Ireland as part of the United Kingdom in the 21st century?
Lord Frost (Con)
My Lords, the noble Lord sets out serious concerns, which we share. I should like to make our position on these negotiations and Article 16 100% clear, as he asks. Whatever the messages to the contrary that the EU may think it has heard or read, our position has not changed from the one I set out on 10 November or, indeed, in July at the time of the Command Paper. We would prefer to reach a negotiated agreement if we can. That is the best way forward for the stability and prosperity of Northern Ireland but I want to be clear that, as the responsible Minister, I would not recommend any outcome from the negotiations that I did not believe safeguarded political, economic or social stability in Northern Ireland. In such circumstances, we obviously would need to provide the necessary safeguards using Article 16. Those safeguards remain very much on the table and they are a legitimate provision in the protocol. No decision has been taken to exclude a priori any specific timing for Article 16. That will be shaped by whether and how quickly negotiations make progress.
Lord Foulkes of Cumnock (Lab Co-op)
My Lords, the Minister is once again equivocating on a very important issue, just as he did when he praised the treaty he had negotiated and then rubbished it. When he threatens to trigger Article 16, he then says, “Oh no. There’s no way I am going to do that”. Would he be surprised if increasingly, he is known here and in Northern Ireland as the “Grand Old Duke of York”?
Lord Frost (Con)
My Lords, to be honest, what I have just said cannot be described as equivocating. I have tried to make my position 100% clear on these negotiations and on Article 16, and it has not changed. It is that if we can find a negotiated solution, that is better. If we cannot find one, then the safeguards are legitimate.
Baroness Suttie (LD)
My Lords, Belfast Queen’s University’s most recent survey found that 52% of those who responded think that on balance, the Northern Ireland protocol is a good thing. Does the Minister agree that, rather than threatening to invoke Article 16, 52% is a sufficient mandate to get these practical changes done and to make the protocol work for the people and businesses of Northern Ireland?
Lord Frost (Con)
My Lords, I have indeed looked at the polling conducted by Queen’s University, where I had a good meeting yesterday, by the way. There is a lot of other polling around on this subject, and the conclusion I draw from it is that there is significant and stark division of opinion in Northern Ireland. Different polls have slightly different numbers but there is a clear division about the benefits of the protocol or its difficulties. In those circumstances, it is difficult to implement and that is why we are in the situation in which we find ourselves.
Lord Godson (Con)
My Lords, some overstated language has been employed regarding the potential implications of Article 16, such as its detonation being a nuclear response. Would my noble friend care to say a little more about what the normal procedures would be, were the article to be invoked, for ensuring that the UK’s rights under Article 16 and national rights are properly safeguarded and protected?
Lord Frost (Con)
I thank my noble friend for his question, which is a good one. The safeguards in Article 16 are what they say they are: safeguards. They are not an on/off switch but are significant and potentially capable of being used in a significant way. We as a Government will always proceed on the basis of predictability, certainty and clarity. There is a one-month process of consultation for the use of Article 16 between notification and activation, and we would expect to follow all the necessary procedures to provide the maximum possible legal certainty—if we reach that point.
The Earl of Kinnoull (CB)
My Lords, can the Minister say to what extent the protocol situation has affected the operation of the trade and co-operation agreement and the other EU-UK workstreams?
Lord Frost (Con)
My Lords, the trade and co-operation agreement and the withdrawal agreement are obviously separate. I have said that the difficulties we are having on the protocol are at the heart of some of the broader mistrusts that exist in the process at the moment. That said, the implementation of the TCA is going well. The specialised committees have largely met. The trade committee met earlier this week and, despite difficulties on issues such as fisheries, we are nevertheless implementing the TCA well and effectively, and the processes are working well.
Baroness Chapman of Darlington (Lab)
My Lords, there is a problem here, because the response the Minister gave to the noble Lord, Lord Dodds, seems to contradict the impression given to the UK and European media—and Simon Coveney, who said that he welcomed the change of tone from the Minister and anticipated that with political will, this issue could be resolved by Christmas. Earlier, I implied that the Minister was not in the mood for answering questions today. Can he prove me wrong by giving us his percentage assessment of the chances of success by Christmas?
Lord Frost (Con)
My Lords, it is somewhere between 0% and 100%, to be honest. It does not help to put specific numbers on these sorts of things. The noble Baroness makes a good point, though, about the comments of the Foreign Minister of Ireland and many others about what they perceive to be going on in the negotiations. Actually, I will talk to Simon Coveney later today. When I do so—and as I do in all those contacts—I will make our position abundantly clear, as I have set it out to this House. That remains our position, whatever else may be read in the media or by figures in the EU who are interpreting it.
Lord Purvis of Tweed (LD)
My Lords, it is the Government’s policy, not the EU’s, to enforce the system whereby any goods entering Northern Ireland will have to be marked as conformity assessed, separate from those sold within Great Britain. That was referred to by the chair of Marks & Spencer, who the noble Lord, Lord Dodds, quoted. It is nothing to do with the European Union; it is British government policy. The British Government have not asked in the negotiations on the protocol for that to be changed. So when will it change? Or is it the Government’s policy that it is permanent?
Lord Frost (Con)
My Lords, the processes that goods undergo when they enter Northern Ireland are those that, in our view, are required by the protocol, which, of course, has direct effect in UK law in many respects through the withdrawal Act. People would not want us to proceed in any way other than is consistent with those legal obligations. That is what we are required to do; the difficulty is that it is not consistent with social and economic stability in Northern Ireland.
The Deputy Speaker (Lord Haskel) (Lab)
My Lords, the time allowed for this Question has elapsed.
Lord Ashton of Hyde (Con)
My Lords, as we have failed to reach the end of the list on the previous two Questions, I implore noble Lords to keep their questions to half a minute, as recommended by the Procedure Committee. That will allow my noble friend to answer even more questions than he is already doing.
Protocol on Ireland/Northern Ireland: Court of Justice of the European Union
(2 years, 5 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Minister of State, Cabinet Office (Lord Frost) (Con)
My Lords, the Government have proposed changes to the governance arrangements in the protocol involving the Court of Justice of the European Union. The court’s jurisdiction in settling disputes under the protocol is currently limited, of course, to those covered by the second sub-paragraph of Article 12(2), Article 5 and Articles 7 to 10 of the protocol. In other withdrawal agreement disputes, including those under Article 16, cases are ultimately resolved by arbitration, with a role for the court only where disputes raise questions of interpretation of EU law.
Lord Dubs (Lab)
My Lords, is the Minister aware that he has created an impression that his position is softening on many of these issues? A German journalist asked me bluntly after the noble Lord’s 10 November Statement, “Is it true that Lord Frost is moving from his earlier position?” Would the noble Lord care to comment?
Lord Frost (Con)
My Lords, the answer is “no”. We are trying to reach an agreement. That has always been our position; it was our position in July and it is now. I suggest that our friends in the EU do not interpret the reasonable tone that I usually use in my discussions with them as implying any softening in the substantive position.
Baroness Foster of Oxton (Con)
My Lords, despite bordering four EU countries and being part of Schengen and the single market, with an excess of 120 bilateral agreements, Switzerland does not permit EU law to override Swiss law. Therefore, the ECJ cannot be the final arbiter of any dispute. As a third country, as the UK now is, can my noble friend reassure the House that there will be no role for the ECJ in Northern Ireland or across the UK and that the provisions of the trade and co-operation agreement will be interpreted in line with international law, including the 1969 Vienna Convention on the Law of Treaties, as agreed?
Lord Frost (Con)
My Lords, my noble friend asks a very good question. I assure her that there is no role for the court of justice in the trade and co-operation agreement. There are provisions in that agreement which make it very clear that interpretations by one court cannot bind the courts of the other and that they are to be interpreted in line with the normal provisions of international law. That is 100% unambiguous. Regarding the withdrawal agreement and the protocol, we know that we have a problem. Most people would regard it as unusual for disputes between two parties to be solved in the court of one of the parties.
Lord Kerr of Kinlochard (CB)
My Lords, the Minister baffled the House earlier with his answer to the question asked by the noble Baroness, Lady Chapman. He is now baffling the House again. The conceptual core of the protocol is that the EU agrees that Northern Ireland may remain in the single market. The necessary concomitant to that is that the ECJ must have a role. I agree that we should not be shocked by the Minister’s line. He told us in his speech in Oxford during October that difficulties with the protocol come not from the way that it is being implemented but from the way that it was constructed. Coming from its constructor, that could seem a curious statement, but that is what he said, and that is what he goes on saying.
If the Minister insists on attempting to remove the court of justice, which is central to the conceptual core of the protocol and the deal struck by him, he cannot do it under Article 16, because, as he has just explained, that is simply about trade safeguards. Under what powers would he do it? He has the powers by regulation under the withdrawal Act to act in a way that is consistent with Article 16 to act on trade measures, but he has no power to withdraw the court of justice. Are we back to primary legislation and a specific and limited breach of the treaty and international law? If so, I doubt that the House will agree.
Lord Frost (Con)
My Lords, I cannot believe that I have really baffled the noble Lord, with his deep knowledge of EU affairs that is much greater than mine. The Government will set out the basis on which we would use Article 16 if and when that eventuality arises. We hope that it will not, but obviously we will be clear when and if we reach that point. Of course, it is well understood that the court has a role as the final arbiter of EU law. We do not seek to change or challenge that. What is not working is the role of the court as the arbiter of disputes between the two parties, which is unusual.
Lord Liddle (Lab)
My Lords, I am trying to follow the Minister’s answers as well, and with some difficulty. In answer to the question on the Northern Ireland protocol, he spoke about changing the arrangements. Does this mean that he is no longer arguing for removal of the court of justice’s jurisdiction over the European single market, which, if we are to keep no border in Ireland, must still apply in Northern Ireland? If we keep the border open, does he agree that he must accept some role for the court of justice?
Lord Frost (Con)
My Lords, I cannot add very much to what I said earlier, which is that the EU defines the court of justice as the final arbiter of what EU law means. We do not challenge that and cannot do anything about it. For as long as EU laws apply in Northern Ireland, no doubt the court will continue to assert that right, but that is not the same as saying that it is reasonable for disputes to be settled in the court or for infraction processes to be launched by the Commission, as they already have been in this context. It is the settlement of disputes that is the difficulty.
Lord Newby (LD)
The noble Lord just said that the role of the court is not working; as far as I am aware, the court has not yet been asked to adjudicate on anything in terms of the operation of the protocol. If that is correct, why was the Minister so prepared to sign up to a role for the court in 2019, when he is now implying that it is a constitutional outrage?
Lord Frost (Con)
My Lords, it is true that the dispute has not reached the court yet but, nevertheless, an infraction process was launched in March. The Commission’s launch of an infraction process, seemingly on a hair trigger, has created many of the concerns that we now have about the court. That sort of process is appropriate for member states, with all the checks and balances that exist when you are a member state. As we can now see from the way that it is being used, it is not appropriate for this country, of which Northern Ireland is a part and which is not a member state of the EU.
Baroness Chapman of Darlington (Lab)
My Lords, I am not the only one scratching my head as a result of these exchanges. Can the Minister help us by outlining what the benefit to the UK position of triggering Article 16 would be? Surely it would only set the clock ticking and increase the pressure, while he would be negotiating on the exact same issues with the exact same people, probably in the exact same rooms. What do we gain by triggering Article 16?
Lord Frost (Con)
My Lords, Article 16 is a safeguard. It changes reality because it enables us to safeguard, within the provisions of the protocol, against certain effects of the way that it is currently being implemented and working out. Of course, it begins a new and slightly different phase if Article 16 is used, but it also creates a new reality and safeguards against some of the difficulties that we currently find. That is why it is such a relevant provision.
Lord Cormack (Con)
Naturally I wish my noble friend success in his negotiations, but as he bears some responsibility for the protocol, can I urge him not to rule things in and out from the Dispatch Box, but to negotiate as a trained diplomat, which he is—calmly, gently and with the aim of coming to agreement with our friends and neighbours?
Lord Frost (Con)
My Lords, my noble friend is right, as always. It is good to negotiate calmly and find the best possible agreements between two parties. That applies to both sides. I urge the EU not to overplay the significance of using Article 16, as perhaps it has in the last couple of weeks. It is a legitimate provision within the protocol which we are discussing, and can as such be used if the situation arises.
The Deputy Speaker (Lord Haskel) (Lab)
My Lords, the time allowed for this Question has elapsed.
Ireland/Northern Ireland: Solid Fuels
(2 years, 5 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness Hoey
To ask the Minister of State at the Cabinet Office (Lord Frost) what discussions Her Majesty’s Government have had with the government of Ireland about that government’s plans to introduce physical checks on solid fuels entering the Republic of Ireland from Northern Ireland.
The Minister of State, Cabinet Office (Lord Frost) (Con)
My Lords, we are aware of the Irish Government’s plans to introduce new standards for domestic solid fuels under their forthcoming clean air strategy. Of course, the implementation of this policy is for the Irish Government. Our understanding is that they plan to introduce it in 2022. We hope to have technical discussions with the Irish Government later this week to establish some further detail on how and when they plan to bring these measures into force.
Baroness Hoey (Non-Afl)
The Minister for the Environment in the Republic of Ireland said that
“inspections of cross-border fuel movements will be required.”
Does the Minister not think that shows huge hypocrisy from the Irish Government? The border sometimes matters—when it affects them—but as far as anything to do with the protocol is concerned, there could not possibly be any kind of border at the frontier. The Minister is being very patient with the European Union. Is he beginning to feel that time is running out and that it is time to simply say, “This is not working; it has to go”?
Lord Frost (Con)
My Lords, the noble Baroness makes a very good point. The UK and the Republic of Ireland are obviously different countries divided by an international border, and most areas of national life—for example, legal systems, currency, taxation and many others—change when you cross that border. Some of those arrangements relate specifically to the movement of goods—VAT and excise, for example. These differences are nevertheless managed in market, without the need for physical infrastructure at the border, so I wait for the discussions with the Irish Government. I do not want to prejudge them, but obviously I do not see why we would have any difficulties if the Irish Government wished to manage one further regulatory difference between our two countries in a sensible and pragmatic way, as goods go on to the Irish market.
Lord Hain (Lab)
My Lords, both this Question and the Answer are misleading, as 100,000 tonnes of smoky coal goes from north to south on the island each year, and the stricter regulations being applied in Ireland come under EU directives for cleaner air that have been retained and so also apply across the UK today. In Northern Ireland, the Department of Agriculture, Environment and Rural Affairs under the DUP’s Edwin Poots said last year that there will soon be no smoky coal in Northern Ireland. Any future inspection on premises in the Republic of Ireland—not on some border that does not exist—to prevent the illegal sale of such dangerous solid fuel, especially from third countries, is nothing to do with Brexit, borders or customs. It is everything to do with the far more urgent and important challenge of tackling climate change and protecting public health.
Lord Frost (Con)
The noble Lord makes a very fair point about the objectives of this legislation. That is why we need to establish the detail of what the Irish Government intend to do and how they intend to go about it. What he says rather proves the point that we have always made: it is perfectly possible for two separate jurisdictions to pursue complementary policy ends that do not involve accepting exactly the same legislation in exactly the same way. That is the approach we have tried to take.
Lord Dodds of Duncairn (DUP)
My Lords, to come back to what the Irish Government actually said about this matter—not the interpretation that has just been put on it—are we not in an ironic situation? The Irish Government and others said that any checks on the island of Ireland equalled a hard border and that a hard border would lead to violence. Now the Irish Government are proposing such a thing—that is the reality of it. People can shake their heads all they like, but the fact of the matter is that the Irish Government, when Varadkar came to power, changed what Enda Kenny was doing and said that no checks—even away from the border or digitally—would be acceptable. Will the Minister go back and indicate to his good friend Simon Coveney, whom he is meeting and talking to later today, that no checks means no checks if what they believe is true?
Lord Frost (Con)
My Lords, there has indeed always been some complexity in interpretations of this matter. It is certainly true that in areas such as red diesel, for example, where there is a need to avoid fraud due to different excise rates between Northern Ireland and Ireland, there is very good co-operation between HMRC and the Irish Revenue Commissioners. There is lots of multiagency and cross-border co-operation, intelligence and information sharing and so on, and that works perfectly well. I do not necessarily say that is a model you can generalise to absolutely everything, but it certainly shows that this issue is not quite as black and white as it is sometimes painted.
Lord Howard of Rising (Con)
Can the Minister say whether the discussion and fuss over fuel is merely an example of Mr Castex’s call for aggressive action against the United Kingdom?
Lord Frost (Con)
My Lords, my noble friend makes a very good point. We have been concerned about the threats made against us in the last few weeks, which are not really consistent with a reasonable negotiation. I am glad to see that the French Government have, for the moment anyway, withdrawn those threats. I hope they will do so permanently, because they do not make it any easier to conduct a good process and put relations on to a better footing.
Lord Purvis of Tweed (LD)
My Lords, I thank the Minister for his measured responses to earlier questions on this subject, because it is very sensitive. I have in front of me the answer in the Dáil, and there is no reference to border checks. There is reference to Irish local authorities having increased powers to check on solid fuels imported from Northern Ireland, which they had already. Indeed, the north-south Joint Agency Task Force has been operating since 2015 in this regard. Can the Minister please reassure the House that this will not be used to inflame some of the tensions that already exist and that the north-south Joint Agency Task Force will operate normally on fuels to ensure that there is proper consensus on this?
Lord Frost (Con)
My Lords, we do not wish to inflame tensions in any way, of course, and I do not think we go about this in a way that would do that. The point that I and other noble Lords have been trying to make is not that this proposal from the Irish Government would require checks at the border—they are not saying that, we are not saying that and nobody wants that—but that it is possible to manage differences without such checks in certain circumstances. This is perhaps a concrete case of that; there are some others.
Lord Moylan (Con)
My Lords, far from adding to tensions, is this not actually a rather hopeful sign? As the noble Lord, Lord Purvis of Tweed, said, it is envisaged that local authority officers will check for goods coming into the Republic of Ireland from Northern Ireland that should not be coming in. Is this not a pattern that could be applied, to great benefit and great effect, as a substitute for the ridiculous and unworkable attempts to operate the protocol as it currently works? It might even be called mutual enforcement. It is very hopeful.
Lord Frost (Con)
My Lords, my noble friend makes a very good point, as always. It is a concrete case that demonstrates that it is possible to manage these matters in other ways. This is one of the reasons why what we put forward in the Command Paper is a compromise. It is not my noble friend’s proposal. It is that we would for most purposes police goods going into Ireland and the single market in the Irish Sea, but would wish to see goods flowing freely into Northern Ireland. That is a workable and sensible compromise proposal, and in the negotiations we have not yet heard why it could not work.
Baroness Chapman of Darlington (Lab)
My Lords, this situation rather highlights the need for a certain amount of bandwidth on behalf of the Government, in that occasionally they need to negotiate simultaneously with the EU and with individual member states. Does the Minister think that the undeniable damage to the Prime Minister’s authority in recent weeks is leading to a bit of a problem with government bandwidth? I ask this because it is really easy to talk tough about Article 16, at least when he is here, but not if the Minister and the Prime Minister do not have the backing of the entire Cabinet to see through the consequences, which would be further damage to international relationships and possibly a trade war. Is he confident that any of his Cabinet colleagues will be with him in the trenches if he leads us into further disputes?
Lord Frost (Con)
My Lords, the Cabinet and the Government stand fully behind the policy that we set out in the Command Paper in July, which is a very good compromise policy that we still hope to negotiate. We have made it clear that a negotiated outcome is the best one, but that policy paper, which we all stand behind, also makes it clear that Article 16 is a legitimate and useful tool if necessary. That remains the Government’s position.
Protocol on Ireland/Northern Ireland: EU Negotiations
(2 years, 5 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Minister of State, Cabinet Office (Lord Frost) (Con)
My Lords, it is a pleasure now to repeat an Answer as delivered to an Urgent Question made in the House of Commons by the Paymaster-General earlier today. The Answer is as follows:
“Let me begin by reaffirming the Government’s commitment to keeping both Houses of Parliament updated on the UK-EU relationship. We remain committed to doing just that. My right honourable friend Lord Frost provided an update to the House of Lords on EU relations just last Wednesday, 10 November, in the form of an Oral Statement. Unfortunately, as this honourable House was in recess at the time, that could not immediately be repeated on the same day. The timing of that update was unavoidable, led by external international business. However, I recognise the importance of keeping both Houses duly informed.”
Baroness Chapman of Darlington (Lab)
My Lords, it is shameful that we have come to this today. Last week, the Minister came to this House and committed to ensuring that an equivalent Oral Statement would be made in the other place to reflect his remarks here last Wednesday. That did not take place; instead, the Government attempted to get by with a Written Statement issued on Tuesday, and the words that we have heard today in the other place were only as a consequence of the Minister there being dragged there in response to an Urgent Question. That is not good enough. These issues are of intense interest to Members on all sides of this House and the elected House. It is essential that we do not have this situation again. If the Minister wants to come here and make a Statement then he must ensure, as he promised, that a Statement is made in the equivalent way in the other House at the earliest opportunity.
Lord Frost (Con)
My Lords, the noble Baroness is of course correct that I said on Wednesday that a Statement would be made in the other place in due course and that it was made in the way that she describes. How the other place runs its business and chooses its Statements is obviously not a matter for this House. Obviously, I respect the right and responsibility of the Opposition to hold the Government to account, which is why I am here today answering five Questions on very similar subjects, and will continue to do so as long as it is necessary.
Baroness Ritchie of Downpatrick (Lab)
My Lords, the Good Friday agreement requires that there is political balance and respect for both traditions in Northern Ireland. I therefore ask the Minister: in his negotiations with the EU, who is he negotiating for—unionists, nationalists or other? To me, representing the nationalist community in Northern Ireland, it looks very much as if the Minister is negotiating only for unionists.
Lord Frost (Con)
My Lords, our interest, and the way that I am pursuing these negotiations, is the interest of everyone in Northern Ireland, and of the prosperity and stability of everyone in Northern Ireland and of Northern Ireland. That is how we seek to pursue this. I believe that is a common aim between us and the European Union, but it seems we interpret that in rather different ways. Nevertheless, I hope we can move forward and get to a position that provides a better outcome for everyone in Northern Ireland than the one that we have now.
Lord Cormack (Con)
But does my noble friend accept that the noble Baroness opposite had a point? I wish my noble friend absolute good fortune in what he is seeking to do, and he knows that. But, particularly when we have the good fortune to have the Cabinet Minister in this House, it is particularly important that the other House is informed, if not simultaneously then at the earliest possible moment. I urge him to tell his Cabinet colleagues that there should have been a Statement on Monday in the other place. We really must keep in step on these things. Again, I wish him success. Delicacy is important, but so is parliamentary protocol.
Lord Frost (Con)
My Lords, I have said what I have said. I must say that I have a degree of sympathy with the point that my noble friend makes. It is obviously extremely important that both Houses are kept up to date in the most timely and appropriate fashion possible —certainly, I try to achieve that.
Viscount Waverley (CB)
What exactly would be the consequences should Article 16 be triggered? How much weight does the Minister give in his negotiating strategy with the EU to the fact that an overwhelming majority of 55.8% voted to remain and 44.2% voted to leave? What were the reasons for that?
Lord Frost (Con)
My Lords, we have always said that there will need to be a treaty arrangement between this country and the European Union to deal with the special features of Northern Ireland and to protect the Belfast/Good Friday agreement. I think it is common ground that there will need to be some such special arrangements. That is not the same as saying that Northern Ireland should remain some sort of shadow member of the European Union for certain purposes. In some ways, that is the situation that we have in certain aspects of policy, and that is what we need to change. But it is of course important to respect the balance, and that is why we talk about trying to find a new balance—the right balance—between all the different interests in Northern Ireland.
Baroness Suttie (LD)
My Lords, can the Minister say whether a possible decision to invoke Article 16 is more likely to be influenced by an analysis of changes to trade flows resulting from the Northern Ireland protocol or by political factors? Will he undertake to inform this House of the criteria used to take any such decision?
Lord Frost (Con)
My Lords, the noble Baroness is right that there are a number of conditions referred to in Article 16 for its use—economic and social disruption, trade diversion and so on—and, although they are conceptually separate, they all sort of feed into each other and create the conditions that might require the use of safeguards. I repeat what I said earlier: obviously we will be transparent and clear and set out our approach to Article 16 and the justification, if and when it comes to that point.
Lord Hannan of Kingsclere (Con)
My Lords, I very much welcome my noble friend the Minister’s original Statement, and his repetition today that we are prepared to say that the threshold for triggering has been met. It is indisputable that there has been trade diversion and that there is a political crisis if half the population and every unionist party is against the protocol. Will my noble friend the Minister take this opportunity to confirm that, if we go down the route of Article 16, it will not be simply for the purpose of extending waivers, derogations or exemptions but to take the opportunity to tackle the jurisdictional problem that part of our country is governed from abroad? We exported to the world the sublime idea that laws should not be passed nor taxes raised except by accountable representatives. We should extend that principle to our fellow countrymen in Northern Ireland.
Lord Frost (Con)
My noble friend is right that the current situation in Northern Ireland, with various grace periods and other easements in the implementation of the protocol, is nevertheless generating tensions and difficulties, and that the full implementation of the protocol, were that ever to be required, would generate even more difficulties. I think it is correct to think that, if we use Article 16 and safeguards, it will be to improve the situation over the one that we have now.
Lord Kilclooney (CB)
My Lords, the Belfast agreement has been mentioned, and I was very much involved in its negotiations. Can the Minister confirm that, in the agreement, all communities were involved and both the Irish Government and our Government were involved? Can he confirm, as Article 1 states, that they unanimously agreed that there could be no change in the status of Northern Ireland without the consent of the majority of the people of Northern Ireland? Can he confirm that the protocol was imposed on Northern Ireland without any consent?
Lord Frost (Con)
My Lords, the noble Lord is obviously much more deeply expert in the Belfast/Good Friday agreement than I am, given his background. He is, of course, absolutely right in what he says about the article to which he referred. As regards the protocol, I point out that it was approved by this Parliament, but nevertheless it has created significant difficulties in its implementation. We seek to find a way forward from that and come to a better balance.
Lord Hain (Lab)
Is George Peretz QC’s opinion correct when he says that,
“it is not at all clear that the government has a solid legal basis for invoking Article 16, at least in relation to the large majority of concerns set out in the July Command Paper. Therefore, if the UK government chooses to implement measures that are otherwise in breach of the Protocol but which are justified solely on the basis of Article 16, it is at real risk of having those measures struck down in the domestic courts, especially if the measures exceed a limited duration or scope.”?
Lord Frost (Con)
My Lords, we will, of course, set out our justification for using Article 16 and the legal basis and so on, if we get to that point. As regards to the legal opinion quoted by the noble Lord, to be fair, there is quite a lot of debate among learned lawyers on this subject. I imagine that, if we were to use Article 16, that would be subject to a degree of legal testing. We will see where that gets to, if and when Article 16 is used.
Climate Change: COP 26
(2 years, 5 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness Young of Old Scone
That this House takes note of the outcome of the 2021 United Nations Climate Change Conference (COP 26) and the challenges of implementing measures to tackle climate change.
Baroness Young of Old Scone (Lab)
My Lords, I am very pleased to be able to kick off this important debate today. I declare my interest as chairman of the Woodland Trust, and president and vice-president of a range of environmental charities. I look forward to a lively debate, and particularly to the contribution of the right reverend Prelate the Bishop of Exeter in his maiden speech.
This debate is kind of a post-match analysis of COP 26, which very definitely went into extra time. In the end, China scored in the penalty shoot-out when the wonderful referee, Alok Sharma, temporarily lost control of the game. The small island states, otherwise known for the purposes of this very protracted football analogy as San Marino, lost comprehensively. But before I strain this football metaphor so far that it twangs, let me make a more serious assessment of the COP 26 outcomes.
Overall, much was achieved, but it was not the almost overwhelming success, with just a touch of sadness, that the PM’s over-exuberant statement implied. However, my congratulations—and I am sure those of the whole House—go to Alok Sharma and his negotiating team, and the Minister here today for their monumental efforts in the year of the run-up to COP 26 and for their negotiations during the conference.
I will highlight some of the deliverables that I think are key. The first, which got next to no coverage in the media, is the completion of the Paris rulebook, which I am sure noble Lords read every night before they go to bed. Completing the rulebook was an important move forward, since it sets the frame for global carbon markets and will allow countries to move ahead with more ambitious, enhanced and nationally-determined contributions because they know what the rules are more clearly.
Another deliverable was that more countries were involved in the COP process, and more have signed up to net zero—even India, after a fashion. Coal was included in the Glasgow climate pact for the very first time in 26 COPs. It was diluted to “phasing down” unabated coal rather than “phasing out” all coal, but it is a start; 1.5 degrees cannot be achieved while the world still burns coal. The inclusion is an important signal about the trajectory, particularly to those fossil fuel companies that still have not got the message.
Perhaps most notable were the side deals that were outside the formal COP process on methane and on halting deforestation. They were as important as the main business, although we have to note that they lack, as yet, formal monitoring and reporting mechanisms that the COP process applies to those deals that were within the process. I highlight the huge amount of energy that the noble Lord, Lord Goldsmith, put into landing the support of the 133 countries that signed up to the deforestation deal. It was an amazing effort, and he is looking older by the day. I hope he will, however, set an example back home by not destroying or damaging our remaining fragments of ancient woodland, which is our equivalent of deforestation.
The joint issue of a statement by China and the US was interesting. It is the equivalent of the two Chief Whips conferring behind the Woolsack. We want to watch and see what these unusual—as opposed to usual —channels deliver, but it will be something, I am sure.
There were some parts of the process that were really encouraging. Business took a real part in the COP negotiations for the first time. It did not send the deputy post-boy: it was the chairman and the CEOs who were there in force. The agreement to come back with enhanced commitments within a year signals an annual ratchetting-up process, which is very much to be welcomed. To get back to the football, GFANZ—which stands for the Glasgow Financial Alliance for Net Zero—has now doubled the assets globally that are under management for tackling the climate crisis. That is a major step forward.
However, there were things, of course, that did not come through, and some of them are very important. No progress was made on meeting the $100 billion-per-year funding commitment: it was not reached. The question of compensation for the poorer countries and small island states for the impact of historic emissions emanating from the richer countries—from us—is still unresolved. Though nature-based solutions were endorsed and in the final text, there were fewer mechanisms for their delivery than I would have liked to have seen. It is absolutely axiomatic that 1.5 degrees cannot be delivered without restoring biodiversity globally.
Although the budget for adaptation to the impacts of climate change was doubled at COP, it was a doubling of not very much at all—although I welcome the agreement for a two-year process for a global plan for adaption, because adaptation to the impacts of climate change is absolutely unavoidable. It is going to become increasingly important, not just in Bangladesh, small island states and the increasingly arid regions, but right here in the UK, with floods, extreme weather events, fires, heatwaves, droughts and, above all, immigration pressure, as the population of the world seek a living when their territory becomes increasingly hostile due to climate-change impacts.
These are big lists associated with the COP 26 and associated commitments. If they are all delivered—and that is a big “if”—they would bring the world closer to the two degrees above historic levels of temperature, and would probably just about keep 1.5 degrees alive—although, as Alok Sharma himself said, probably only on life support.
What next? I would like to offer—kind as I am—a plan for the Government for the next 12 months. First, the presidency is a game of three halves. We have done two of them: the work up to the presidency and the official negotiations of COP 26. The really crucial part, however, is the next year, as we continue to be president of COP for the next year.
I am sure that Alok Sharma is sucking an orange right now and being treated by the team physio, but that is probably all the rest that he will get at half time. He will need to continue to energise the process over the next 12 months to ensure that the enhanced nationally determined contributions are brought forward, particularly by the most polluting states. He needs to encourage the willing to apply pressure, or worse, to the recalcitrant and make sure that there is a real outcome from the China-US pact and from India.
The Government need to set an example back here by not supporting the Cambo oilfield and the Cumbrian coal mine. Mr Sharma needs to ensure processes for implementation for the commitments that have already been made, particularly for the side deals. He needs to make sure that we get over the line on the $100 billion annual funding and that private sector funding is leveraged alongside that. He needs to soften up the resistance to the compensation discussion, and I am sure the House wishes him great success.
But, back here in the UK, we need to lead by example during that 12-month period. So here are six examples that I believe that we should set for the next 12 months. First, let us introduce zero-carbon and biodiversity tests for all policies. This thing is too important to be driven off stream by inadvertent policies that get in the way.
Secondly, let there be no more trade agreements without climate change parity being a precondition. If our farmers and businesses are to meet climate change standards, we should not sign trade agreements with countries that do not meet equivalent standards—that is bad for our companies, our trade and the planet.
Thirdly—noble Lords have heard me on this before—we need a land-use framework to ensure that we can use our scarce land most effectively to combat climate change and to make sure that trees and peat to sequester carbon can be established in the right places, particularly with the right tree in the right place, at a fast pace. A land-use framework is also needed if we are to make an orderly and just transition to lower emissions, particularly methane, from food production. If we are to see a reduction in meat and dairy, which is absolutely essential to reducing methane, and increases in plant-based food, as outlined in the National Food Strategy, while retaining a vibrant farming industry, we need a proper plan for land.
Fourthly, following the Government’s Net Zero Strategy, we need clear action plans, with timescales, funding and transparent, monitorable pathways, for our highest carbon and greenhouse gas-emitting areas: energy, buildings, transport and agriculture. The Net Zero Strategy is a bit of an expression of hope, rather than a blueprint for how we get there. In it, the Government overfocus on the white-hot heat of technology solving our climate change problems and not enough on fiscal and taxation changes to do that very simple thing that has to be delivered: reducing the price of climate-friendly technologies, goods and services and increasing the price of polluting goods and services.
Fifthly, all public procurement should adopt zero-carbon targets. Public procurement is a huge lever for driving the development of climate-friendly goods and services, not just in things that public authorities buy but for the whole market. No Government have ever successfully used, or even tried, that lever. The climate crisis says that we must.
Sixthly, and possibly most importantly, I do not think the Chancellor quite gets climate change yet. Most of the big changes that we need to make in the UK need upfront funding and, more importantly, fiscal and taxation measures. We do not yet have a climate change commitment from the Treasury, whose analysis accompanying the Net Zero Strategy was all about other government departments, not the Treasury’s philosophy. Rishi Sunak needs to show that he has a more ambitious and thought-through strategy, beyond modest funding for new technology and implementation, which he has already granted for heat pumps, nuclear and e-cars. He needs a world vision for what our economy will do in climate change terms, and he needs to reinstate now, as an earnest good intent, the overseas aid budget after its cut and stop subsidising Drax in inappropriate biomass extraction, which is adversely impacting on international biodiversity.
I finish with a personal reflection on why all that action over the next 12 months is important. Some years ago, when I was in Madagascar as a birder, I used to pay a young lad from the village a fiver to go out at night and find whatever bird I pointed to in the bird book. He would find where it was roosting and, at dawn, I would call him, we would go out and I would see the bird and tick my life list—birders are a bit mad. They were all short-range endemics, less than 25 kilometres in range, and, in the whole world, they occurred only there. The spiny forest habitat was much threatened by slash-and-burn agriculture, and all of these birds are endangered. I thought that this bloke was about 12 years old because he was little and skinny, but I found out that he was 19 but tiny and malnourished. People and biodiversity were under threat in Madagascar.
Now, it is much worse. Deforestation has played its part and, when you fly over, you see a 12-mile plume of red soil, where the earth, on which people depend, is eroding into the sea. Climate change in south-east Madagascar is even more pronounced. It is now arid, and the country is on the verge of being declared officially in famine. Slash-and-burn agriculture does not work at all because the soil becomes useless after a couple of years of farming, so the rate of deforestation is galloping, as subsistence farmers chop down trees and then move on. The birds are no more. This is a major cause of the internal refugee problem that Madagascar suffers, as the population in the south-east moves to the north. But, there, they have no land and depend on state aid and support.
I am talking about Madagascar and its tragedy for people and biodiversity in the face of climate change because this is not somewhere over there that has no impact on us. Mass movements of refugees will only increase. In a year when double the number of migrants have gone to extraordinary lengths to cross the English Channel in small boats, we need to reflect on what a growing global refugee problem will mean for them and for us here in the UK. This is the next big climate change emergency, and it will increasingly knock on our door.
We must get behind the noble Lord, Lord Goldsmith, and the efforts of Alok Sharma for the rest of the presidency. I look forward to hearing from the Minister on my six-point plan. I thank him and his colleagues for all that has emerged from the negotiations to date, but there is much more to do, and they need to redouble efforts over the next 12 months to get more goals over the line in this most important game of the century. At this point, I will make no more football allusions. I beg to move.
Baroness Parminter (LD)
My Lords, I thank the noble Baroness, Lady Young of Old Scone, for providing us with the opportunity to reflect on the outcomes of COP 26 and for her superb introduction to this debate.
Incremental progress was made at COP 26, but it was certainly not in line with the urgency required. Like the noble Baroness, I applaud the efforts of Alok Sharma and other government Ministers. It is fair to acknowledge that the outcomes expose the challenges of securing a global deal. But you did not need to be in the blue zone, like me, hearing the delegates from Palau and Tuvalu, or on the climate justice march on the streets of Glasgow, to know what the outcomes of this COP 26 will mean. The resulting frustration, anger and incredulity at the pace of progress are indeed warranted.
Given the length of time that we have, I have two questions for the Minister. First—this follows on from one of the noble Baroness’s remarks—what will the Government do for the duration of their presidency of the UNFCCC to get us back on track for 1.5 degrees? Clearly, we have to double down on diplomacy, and I am sure that his department will lead that effort, but building back trust will be critical.
I am sure that other noble Lords will mention how the cutting of the 0.7% aid budget hurt trust in the run-up to COP 26 and whether that will be re-established in the forthcoming year. They may mention, as the noble Lord, Lord Deben, has suggested, a bold move, such as the Government joining the Beyond Oil and Gas Alliance, launched by Costa Rica and Denmark.
However, I want to raise just one point on what they are going to do in their presidency, which is the imminent opportunity in the next few weeks at the WTO 12th ministerial conference in Geneva. We know that trade rules are one of the strongest mechanisms to create the conditions to push climate laggards and get them to act. Are the Government pushing for a multilateral statement on trade and climate goals or a commitment to a new work programme and dedicated discussions on integrating climate goals and the global trade system at the WTO 12th ministerial conference?
Secondly, I ask the Government: how are we going to meet our own pledges, given that we are not currently on track for our own climate carbon budgets in the 2020s? On the eve of COP 26, our House of Lords Select Committee on Environment and Climate Change wrote to Alok Sharma on the evidence that was provided by Ministers and the departments that not all departments are sufficiently embedding climate change into their policy-making processes and, further, that the mechanisms that the Government have to hold them to account—the two Cabinet committees—are just failing. Will these committees carry on post COP 26, or are there any further measures to hold the departments to account? There seems to be, from the evidence we were provided, insufficient staff and resources in individual departments to embed climate change, in addition to the net-zero test that noble Baroness, Lady Young, so ably mentioned. If we do not have enough staff and resources then we will keep getting perverse decisions, such as having a heat and buildings strategy that does not have any new policies for insulating homes, or cutting air passenger duty on domestic flights. They not only undermine our own climate pledges but stop our ability to call on other countries to up their pledges.
Finally, we all accept that it is not just state actors who can get us from where we are now to 1.5 degrees; all of us need to play our part. As the Climate Change Committee said, 60% of the change required needs to come from behaviour change—what we eat, how we heat our homes, how we fly. I am therefore delighted to say that this House’s Environment and Climate Change Committee has launched this week an inquiry on behaviour change, so that we can use this moment of impetus for climate change to encourage people to make the changes and get the policies that we need to deliver it.
Baroness Boycott (CB)
My Lords, I am delighted to follow the noble Baronesses, Lady Young and Lady Parminter, and I echo all that they have said. I also very much support Alok Sharma and our own Minister; I think that they played a blinder in Glasgow—the successful effort of the noble Lord, Lord Goldsmith, over deforestation was magnificent. However, as others have said, there were lots of pledges and new initiatives, but they do not total enough. The importance of the decision to make the next COP in Sharm el-Sheik a ratchet event cannot be overestimated. Humanity literally depends on it.
1 spent the whole of last week in Glasgow, where I went between events in the official zones and events in the fringe. The blue zone was a very ugly place; it is hard to imagine an entrance that was more unwelcoming. There was so much metal and wire and, while I appreciate the need for security, there are other ways of doing it. Once inside, you found yourself walking through narrow corridors in between the stands. All of them reflected the relevant financial might of each country; hence Saudi Arabia had an enormous stand and young women were standing around that were contracted for the job from the model agencies in Glasgow—we could have been at a car fair. Next door was Qatar, with models of beautiful net-zero buildings; but Qatar’s buildings are constructed by slave labour and it shows no signs of weaning itself off fossil fuels. The small countries had almost no space and no flashy rolling films or brochures. Are we meant to assume that their presence mattered less?
Gender-wise, it was appalling: there was one woman for every six men registered for the blue zone. And, for the record, the largest group of delegates was the oil industry, with 503 of them. The meat industry also put in a jolly good showing with 300 delegates. Of course, for the oil industry the investment paid off, as there was a downgrading on future restrictions on the speed of phasing out fossil fuels. President Biden is still handing out licences. Some two dozen projects—pipelines to new terminals—are under way in the US, which will cause emissions equal to 404 coal-fired power stations. Between 2020 and 2022, Shell will put in 21 new major oil and gas projects. As we have seen in these last two weeks, lobbying pays off.
The first time I approached the chain gates to the blue zone, there was a very small man wearing a long pale green robe with a headdress of orange feathers. The headdress came right over his head and down to the ground, as though he was travelling within his own arch. He did not have a ticket, it was raining and it was freezing. He was from the combined Amazon headwaters collective, and had flown across the world to plead for his culture’s right to exist. And he was not alone: on the streets and in the meeting rooms around the city there were groups of activists from all over. Revolutions, it is said, happen slowly to start with, and then they happen quickly. I think this is one that is going to happen quickly.
For all of us, and for the world, the next COP is our last chance. I urge the Government on this and, like others have said, would very much like the Minister to respond to question of whether Alok Sharma will be set up with his own department. If ever there was a time for work, it is now. It is time to double down on all our efforts. Lobbyists must be silenced and humanity must triumph. Will that happen, or will this be tucked away?
The early omens are not good: COP only finished on Saturday and yet, on Tuesday, I watched the entire “BBC News at Ten” and there was not one item about it. As a former newspaper editor, I know that when you are covering a war on a daily basis, there comes a strange moment when you realise that your readers are bored, so you bring your correspondent home. What you are effectively saying in the newspaper is “That war is over; we are not covering it any more—it’s okay, we’re not covering Sudan and Syria.” We must not let this happen now. Alok Sharma needs to be empowered to challenge every Government on earth to raise their game, and we must all have an obligation to be here to support him.
I return to my man in the green robe—I cannot really get him out of my head. We owe him, his family and his tribe their livelihoods. We have taken his, and it has empowered our culture and western society for many centuries now. It is time to change.
The Duke of Montrose (Con)
My Lords, I congratulate the noble Baroness, Lady Young, on securing this debate; it is such a hot topic and noble Lords have already emphasised that.
Like the noble Baroness, Lady Boycott, I was able to attend a couple of days of the conference, as my family has a long association with Glasgow. I declare my interest as a land manager in that area. Glasgow is very proud to have been chosen as the venue for such a prestigious conference. Noble Lords will be aware that it has been on a big transition from an area dominated by heavy industry. Now, it likes to brag that in 2020 it was called a “Global Green City” and rated as the fourth city in the global destination sustainability index. This accolade could have attracted Boris Johnson but, by coincidence or otherwise, it had considerable advantages for a conference being held in the midst of the Covid epidemic. It was far enough away to reduce the number of voluntary participants and objectors, but not so far as to deter foreign visitors. As it was, there was an unending emphasis on Covid prevention. There appear to have been about 30,000 or 40,000 people attending the venue, so at times there were queues in a massive orderly scrum. All told, my impression was of a copious air of optimism, endless ambition, followed by copious promises—but no great sense that the latter would match the other two demands.
The first day that I attended, there was an event entitled “Making the global transition to clean power a reality”. There was a great parade of banks and investment institutions promising a variety of funding streams to expand renewable energy generation. There was also an emphasis that the programme in south-east Asia, let alone the rest of the world, would have to build connections to 150 million homes that are currently without electricity as part of seeing that nobody was left behind. There then was a session based around the 42 countries that are offering to phase out the use of coal in their energy mix. We learned that south-east Asia contributes 50% of world carbon emissions, mainly from coal. As we know, however, in the final agreement, India and China agree only to phase down coal.
On the second day, I attended a session chaired by my noble friend the Minister. In a great innovation for COP, delegates actively addressed forest, agriculture and commodity trade and its effect on nature. This included the promise that 75% of forest supply chains will become sustainable.
There was then a session on acceleration to sustainable agriculture. We were conscious that we will need three times our present level of food production in 40 years’ time. In the end, there were two schools of thought. One was that, if all existing promises are kept, we might be able to contain warming to 1.8 degrees. We were more familiar with the other: that we could control it to just 2.6 degrees. Can the Minister tell us how we can fulfil our ambition?
The Lord Bishop of Ely
My Lords, I congratulate the noble Baroness, Lady Young of Old Scone, on her opening speech. To pick up on her football analogy, we will all be familiar with the football commentary, “They think it’s all over”. It was not over until the surprise and hoped for goal came. We are looking for that goal with passion, which is why we are encouraged by the passion and commitment that came through so strongly from the Minister and from Mr Sharma throughout COP 26. It has built my confidence that the momentum will not be lost, and our remaining presidency will be no less crucial for the future of this planet than the conference itself. I applaud the Minister for his work on deforestation, and I commend further work on sufficient soil improvement, both in this country and overseas, which will provide the best carbon capture.
The difference between the many pledges made at COP 26 and the world we will actually bequeath to the next generations tilts one way or the other on the fulcrum of implementation. For all the promises of this and earlier COPs, we are now dangerously close to tipping beyond any ability to recover. As we have already heard, every gap between promise and action, between target and trajectory, will be delivered directly to the front doors of every one of us through flood or drought, failed crops and empty oceans. We already have one rapidly depleting Dead Sea; we dare not risk others.
This country’s success as COP president can be counted only in the currency of scientific accounting, physics, chemistry and biology. I look forward to the maiden speech of my right reverend friend the Bishop of Exeter, who has already sought a sustainable rural life in Devon.
Implementation cannot happen without government playing its full role both in regulation and in releasing the market through private finance. For this to happen, it is now vital that the Treasury come fully on board as the vehicle for clear and stable government policy operation. Both the financial costs and benefits of keeping 1.5 alive must move from periphery to becoming the warp and woof of Treasury planning and all governmental activity.
Only government can protect the most vulnerable, whether at home or abroad. Internationally, the Government must decouple export credits and other subsidies currently going to oil and gas projects in developing nations. Decoupling will both increase the cost of extraction and end the crowding out of green developmental investment in the global south. Similarly, the poorest in UK society must be shielded from the immediate financial costs of decarbonisation. I urge the Government to set the costs of short-term support for low-income households against the long-term financial benefits of transition—not least the benefits in health and wealth that will come through better homes insulation and energy use.
Whatever role the Government foresee for Defra regarding climate change, unless they join together strategy with concern for equity across all departments, we will not make enough progress; it will be hard to see the Prime Minister’s much-needed green revolution succeeding. Business is ready to invest, as the global transition from coal to renewables has already proved. Consumers increasingly see the problems; they too want to act, as several recent opinion polls have shown. Until government connects and energises these different sinews and muscles of activity, our body politic will move too little, too slowly.
Finally, the Government must walk as they talk. They must align responsibility with obligations to future generations and the opportunities of the COP presidency. We cannot credibly urge others to make sacrifices to keep 1.5 alive while issuing new fossil fuel extraction licences in our own coastal waters. We cannot demand that others consign coal to history while issuing new licences to extract it ourselves.
Lord Browne of Ladyton (Lab)
My Lords, it is a pleasure to follow the right reverend Prelate. I associate myself fully with the words of congratulation and thanks to my noble friend Lady Young, to Alok Sharma and to the Minister.
I have made no secret of my admiration for the work of UK Fires, a five-year research programme, involving academics from six universities and a growing industrial consortium, focusing on resource efficiency as the key means of reducing emissions. They have done a simple, compelling analysis of the COP 26 agreed solutions for delivering zero emissions by 2050 and have come to the devastating conclusion that they cannot and will not be delivered while the mechanisms required to deliver a safe climate continue to be overlooked. They say that, as a result, the mechanisms of policy and finance have been activated in pursuit of an unrealisable solution. Unless this changes, billions of people living near the equator face the probability that they will starve this century. Their countries cannot provide sufficient food, nor purchase it, while the rich nations will be plunged into an entirely unnecessary energy austerity.
The argument behind this is very simple. I shall attempt to summarise it, but the expanded version is available online for anyone who wishes to read it in detail. If the incumbent companies of today’s high-emitting sectors and their political supporters are to deliver climate mitigation as assumed at COP 26, their non-emitting technology substitution can rely on only three fundamental resources: non-emitting electricity, carbon capture and storage, and biomass. The necessary total demand for these resources will vastly exceed future supply. Averaged over the world, we have 4 kilowatt hours per day of clean electricity per person, growing at 0.1 kilowatt hours per day annually. However, the COP 26 plan requires 32 kilowatt hours per day. We have 6 kilograms per year of carbon capture and storage per person, growing at 0.1 kilograms per year. The COP 26 plan requires 3,600 kilograms per year. We eat 100 kilograms of plant-based food per person each year, but producing enough biokerosene to fly at today’s levels requires 200 kilograms of additional harvest. “Don’t worry—we will just expand the supply faster,” say the authors of this technology fiction. It is too late. It takes time to plan and deliver large energy infrastructures. For example, Hinkley Point C will have taken at least 22 years from political commitment to commissioning. Hornsea 2 wind farm will take 16 years.
We already know the maximum possible capacity of non-emitting electricity generation that we will have in the UK by 2030. We are not on course to maintain even the linear growth rate of the past decade. We have no carbon capture and storage operating in the UK. We cannot expand—indeed we should stop—the use of biomass because it harms other peoples and ecosystems. It is a painful truth that the incumbent high-emitting sectors cannot deliver a zero emissions future in the time available. Rather than facing this, COP 26 perpetuated the fiction.
There is a credible, socially acceptable path to a safe zero emissions future, based solely on a realistic continued expansion of our non-emitting electricity generation. This requires electrification of all energy uses, while reducing the total demand for electricity by around 50% and closing anything which unavoidably releases emissions, particularly in land use and specific agricultural and industrial processes. Temporary restraint, lasting for a few decades, is an essential and unavoidable component of delivering real zero emissions in developed countries. Pretending this is not the case and not talking about it does not take away the reality.
On 20 October, when Boris Johnson launched the net zero strategy, he pledged that Britain would meet its ambitious net zero targets
“without so much as a hair shirt in sight.”
He said that by 2050 we would
“still be driving cars, flying planes and heating our homes, but our cars will be electric … planes will be zero emission … and our homes will be heated by cheap, reliable power”.
I ask the Minister to put that behind him, engage with reality, outline the physically achievable pathways to zero emissions, both in the UK and globally, and that our Government begin the essential discussion with the public about the real path to a safe future climate—one that does not come at the cost of the mass starvation of the poorest.
Lord Bridges of Headley (Con)
My Lords, I congratulate the noble Baroness on securing this debate. I attended COP in my capacity as an adviser to Banco Santander, as recorded in the register. Banco Santander is a member of the Glasgow Financial Alliance for Net Zero, which the noble Baroness mentioned. GFANZ is a horrible acronym; a 1990s pop band comes to mind.
I left as a slightly worried optimist. I pay tribute, of course, to the extraordinary work that Alok Sharma and my noble friend did. I left optimistic because Glasgow was fizzing with ideas of new ways to harness the power of the market and of the private sector to get to 1.5 degrees. I am optimistic because, as the noble Baroness and others have said, further commitments were made on coal, forests—where my noble friend made a massive contribution—shipping, methane, carbon markets and of course finance. I am optimistic because, although much more needs to be done at pace, there is now, I sense, real momentum to turn words into action. Clearly, the task over the next 12 months, as others have rightly said, is to keep that momentum up.
However, I am worried not just about the lack of commitment from certain countries, but even more, if noble Lords will forgive me for saying it, about the need to keep this debate in context. As we turn our commitment into action, we cannot afford to ignore the other challenges we face, the most immediate of which is growth. We need economic growth to fund the transition. We cannot, as others have mentioned, have a green strategy unveiled one day and a separate growth strategy or budget unveiled the next. We need a clear strategy for green growth. I ask a question—a hypothetical one, as I do not expect my noble friend to answer it. How does allowing the tax burden to hit its highest level for 70 years, its highest level in peacetime, doubling the number of higher rate taxpayers and increasing corporation tax rates encourage investment and enterprise? Is that the path to growth?
Related to that—it is the point that the noble Lord, Lord Browne, has just been talking about—is energy: we need, as he so eloquently put it, reliable, affordable, renewable energy to power growth. All across the world, we see energy prices rising. Meanwhile, however, investment in oil and gas exploration has fallen. That second point is good news for hitting net zero, but demand is going to rise, especially in developing countries. It is clear that we are walking a tightrope between the fossil fuel past and the renewable, carbon-free future. Real care is needed as we consider new taxes and green regulations. Prolonged higher energy prices could stoke inflation and push up interest rates. I would be grateful for my noble friend’s thoughts on how the Government plan to walk this tightrope in their domestic policies and their international approach.
In passing, I want to flag another challenge that we sometimes ignore and forget when we talk about climate change, which is that, as we go green, we are also going to have to pay for an ageing population. The IFS forecasts that by 2030-31 the additional pressures on that alone will total £18.5 billion on top of the level of 2025-26. We will have to pay that bill as well as the cost of going green.
My final point is one that the noble Baroness, Lady Parminter, made: we have made these pledges and we now need real progress to mobilise not just Governments and companies but people, to help them go green and to make it easier and cheaper for them to do so. My final point is on retrofitting homes and clean energy. Planning, skills, finance, energy supply: these separate challenges need a co-ordinated approach across government to provide a clear framework, so companies and people can invest with confidence. I look forward to reading the new road maps that the Prime Minister has said will be published soon, to see how he will join the dots and ensure that government departments, local authorities and business work together.
I am optimistic, yes. The necessity of the green transition offers untold opportunities, but it does not sit in a silo; it touches on everything we do and everything has an impact on it. Without a coherent strategy that tackles all these challenges in a clear way, we may land up without the economic growth that we need to fund the green transition.
Baroness Sheehan (LD)
My Lords, I add my thanks to the noble Baroness, Lady Young of Old Scone, for securing this debate, and to the COP 26 president, Alok Sharma, and the Minister at the Dispatch Box for their good intentions in trying to get a successful outcome. I shall restrict my remarks to the emission of greenhouse gases from the burning of fossil fuels and the regrettable failure to build in the urgency with which action is required.
There is irrefutable evidence that atmospheric CO2 has increased meteorically since the 1850s. Before the Industrial Revolution, the highest recorded concentration of carbon dioxide over the previous 800,000 years was 300 parts per million. In just 170 years since the Industrial Revolution, it has soared to 417 parts per million. We are already in uncharted territory. There is no question but that levels of greenhouse gases in the atmosphere cause the earth to warm, and there is plenty of compelling evidence that our climate is changing rapidly. Global temperature rise is already over 1.1 degrees and accelerating at an alarming rate. The years 2016 and 2020 are tied for the warmest year on record. The heat domes over Canada and the US this summer have shaken scientists by their extent and intensity, which exceed even the worst-case scenarios of climate modelling. Global sea-level rises have been enormous, such that the very existence of Tuvalu is under threat. In Madagascar, the rains have failed for four years running, leaving the population facing famine. To our shame, neither nation received any succour at COP 26, despite the COP 26 president’s best efforts.
This lack of regard for science-based evidence by policymakers is causing despair in younger generations, who see a dangerous future in which—I say this advisedly—the planet will not be hospitable to humans. It is shocking that even today, knowing what we know and observing the planet shuddering under the weight of immense imbalances to its natural moderating cycles, we failed at COP 26 to call out the burning of fossil fuels as a major contributor to this emergency. I am sure that the Minister will say in response that, after 26 years, just getting a mention of fossil fuels into the agreed text was a success, but how can we expect a different response from other polluters when our own Government, enriched by historic greenhouse gas emissions, will not say no to a new coalmine in Cumbria or to the planned new Cambo oilfield off the Scottish coast? The leader of the SNP has voiced her opposition to it; will the Minister urge the Government to oppose it also? Or does he take the same line as the noble Lord, Lord Callanan, that it is better to produce oil and gas domestically than import it from overseas?
Cambo’s oil has little to do with satisfying domestic demand: 80% of UK oil is exported and sold on global markets. The new investment in oil will only drive demand and take investment and support away from proven, scalable sources of renewable energy. Cambo will not even provide jobs in the UK, because contracts for the construction and installation of rig have gone to overseas firms. This is but the tip of the iceberg. According to Friends of the Earth, there are 40 other new UK fossil fuel projects awaiting government approval, something that the IEA and the IPCC have said cannot happen if we are to stay within 1.5 degrees centigrade. I am reminded of the words of the playground rhyme: “Sticks and stones can break my bones, but words will never hurt me.” Words alone are not enough: we need firm, cross-government policy, consistent with our domestic and international climate commitments, in which “no new fossil fuels” is a central plank.
Viscount Hanworth (Lab)
I do not intend to make a detailed assessment of the outcomes of the COP 26 conference; I wish to say only that I share the disappointments and anxieties that others have expressed. Instead, I propose to examine the achievements of the first country in the world to declare net-zero targets for carbon emissions, which, of course, is the United Kingdom.
In agreement with the recent pronouncements of the UK Climate Change Committee, I wish to say that we are liable to miss these targets by a substantial amount. The Government’s overall strategy and detailed policies are not adequate to achieve the targets. The lack of meaningful plans for achieving a green industrial revolution threatens to consign this country to poverty and social dislocation.
The essential requirement is for a plentiful supply of electrical power, which should be available to replace the fossil fuels that power our transport and energise our industrial processes. Without this electricity, we would not be able to replace fossil fuels, and if we were to forgo these fuels without replacing them, we should suffer an economic collapse.
Other European nations that have hesitated to declare targets for staunching carbon emissions have been far more active than we have in pursuing industrial strategies that are appropriate to a decarbonised economy. It is undeniable that Britain has greatly reduced its carbon emissions in the course of the last 20 years. From 1990 to 2020, the UK’s emissions of carbon dioxide fell from 800 million to 420 million tonnes per annum, which is two-thirds of its former amount.
These reductions have come largely from one source in a way that cannot be expected to continue. It is in the generation of electrical power that the main reductions in emissions have occurred. The remainder of the reductions are illusory. They have arisen from the deindustrialisation of our economy and from the transfer of manufacturing to other countries where there have been little or no reductions in emissions.
The reduction in the UK of the emissions from generating electricity has arisen from the closure of coal-fired power stations and from their replacement by gas-fired power stations and wind farms. Power utilities in the private sector have managed the transition without any intervention from the Government. This has created an illusion that the private sector can be relied on to achieve the necessary investments in industrial infrastructure. However, it has become clear that, on its own, the private sector is incapable of accomplishing the next phase of the transition, which should see the elimination of natural gas as a source of power.
The successive failures of projects to build new nuclear power stations have shown that other means of financing large projects are called for. In the process of providing the necessary assistance, the Government will have to relinquish the free-market philosophy which proposes that capital markets should provide the necessary funds for investment.
The Government should be able to raise the necessary funds without paying the surcharges that normally accompany financial borrowing. They will be able to borrow the funds without paying a risk premium under the supposition that they do not default on their debts. If the funds are not readily forthcoming from the financial markets, the Government may resort to creating money to enable them to pre-empt the resources that will be demanded by the project, thereby avoiding the payment of a scarcity premium. Underlying the commercial rate of interest payable on borrowed funds is a discount factor, whereby future returns are valued at less than present returns.
A Government that propose to be custodians of our futures should not think of applying a discount to the future benefits of projects that are designed to avert or mitigate the damage caused by emissions of greenhouse gasses. By creating the money, the Government can avoid paying any surcharge that might be embodied in the commercial rate of interest on borrowed funds.
A more hopeful recent development has been the announcement by Rolls-Royce that it is prepared to go ahead with its project to build small modular nuclear reactors despite the paucity of government support. This is a technology in which we have a comparative advantage. Through the export of these devices, we should have a chance of contributing greatly to the reduction of carbon emissions throughout the world. It is agonizing to contemplate the loss of this opportunity.
The Lord Bishop of Exeter (Maiden Speech)
My Lords, arriving as Bishop of Exeter eight years ago, I have become a Devonian by adoption and grace. Although proud of my Essex roots, I now know that the only way is Devon.
As I listen to Devonshire farmers grappling with environmental land management schemes or residents in south Devon who are increasingly anxious about coastal erosion, or engage with scientists at the Met Office in Exeter, I am conscious of the urgency and immensity of the task confronting us.
In scripture, we learn that Joseph—of technicolour dreamcoat fame—interpreted Pharaoh’s dreams of times of plenty and times of famine and advised Pharaoh to prudence in managing the nation’s resources, and we know that Noah heard God’s voice warning him of a devastating flood. Today’s prophets are the scientists and environmentalists who present us with stark choices that demand action.
The Church of England is responding to their warnings. In 2017, we set up the Transition Pathway Initiative, a joint initiative between us and the Environment Agency Pension Fund. Aimed at investors, it assesses companies’ preparedness for the transition to a low-carbon economy. It has already evolved into a global initiative, with over $39 trillion of combined assets under management and advice.
In the diocese of Exeter, we are taking co-ordinated action towards a target of net zero by 2030, including investing in a net-zero officer. With nearly 600 churches, three-quarters of which are medieval buildings, your Lordships will realise that this is challenging. That said, the majority of our church buildings are the ultimate in sustainability: built centuries ago with local materials, they are still meeting the needs of local communities, with a very low carbon footprint.
Our churches, situated in the heart of the majority of communities across the county, are well placed to spot opportunities such as installing solar panels on underused land, planting trees, better insulating a village hall or improving recycling facilities. I recognise that this is a complex subject, and I feel very much the amateur. I console myself, however, with the knowledge that whereas the Ark was built by amateurs, the “Titanic” was built by professionals.
I have one final thought. My diocese is twinned with the Province of Melanesia. The bonds of friendship were laid over 150 years ago when John Coleridge Patteson left Ottery St Mary to take the Gospel to the Solomon Islands, where he was beaten to death by islanders who mistook him for a slave trader. The very island on which he was martyred is now virtually uninhabitable because of rising sea levels, and within five years it will have disappeared. It is small developing countries with relatively low carbon footprints, such as Melanesia, which are being asked to pay a heavy price for the rest of the world’s wastefulness.
COP 26 may be over but, as the noble Baroness, Lady Young, reminded us, the United Kingdom remains in the chair for a year. Her Majesty’s Government must seize the opportunity for international leadership.
Baroness Bottomley of Nettlestone (Con)
My Lords, what an honour and pleasure it is to speak after the right reverend Prelate, who, while he has been a bishop for seven years, has finally joined us in this place. During this time, he has already made a great reputation for himself as particularly dedicated to rural matters and sustainable rural affairs.
Maybe the highlight of his life, from my point of view, was being the chaplain at Trinity College Cambridge when both our children were there—but that might be a slightly elitist comment. He has also been a Benedictine monk for 10 years and much else besides, so we are looking forward greatly to his contributions. I have not heard Noah discussed in this place before, but I really like talking about him. With theology, high policy and practical examples, we look forward to many more of his speeches. In particular, I am looking forward to hearing about his funeral ministry, because that is a growth industry and one that we know a lot about in this House. So, I say to the right reverend Prelate: welcome, and congratulations.
I also congratulate the noble Baroness, Lady Young, a very old friend of mine, on her hugely knowledgeable —as ever—speech. I always want her to say that health is her first love, but I know that she left the health service to go and follow the birds, the Environment Agency and much else. However, she has to be forgiven for this. As ever, her six practical, realistic and achievable points are very much with us.
I also echo the words of the noble Baroness, Lady Parminter. She talked about 60% of the challenge being behaviour change. We have had the easy wins; we now need to persuade people to change, and that is very difficult. People sometimes change out of fear. We should not forget that, but this is where we are.
I want to add my warm congratulations to all those involved in COP 26. I went slightly worried and uncertain. I am very enthusiastic about my colleague’s comment about being hopeful but cautious. It was excellent to see the noble Lord there working incredibly hard, along with many other Ministers and leaders from the Government. No one could underestimate the effort that had gone into the preparation.
My purpose for being at COP 26 was not to think about what Governments were doing, important though that is. I am speaking as the chancellor of the University of Hull. Hull and the Humber comprise the most carbon-generating estuary in the country. If you cannot solve Hull and the Humber, you cannot get to net zero. Start off with the most difficult living lab, and if you can tackle it, you have a great recipe and a tool book for the future.
It is extraordinary how this region, with all its former carbon-producing industries—steel, refineries, pharmaceuticals and so on—where the fishing and shipping industries have declined, has now seized the green revolution in the most extraordinary way. In 2016, Siemens launched its wind farm there, which the Queen, I am delighted to say, visited. It is now the largest offshore wind farm in the country. There was a major government announcement about hydrogen, and a major announcement about carbon capture providing real opportunities, such as a partnership with the city council, which has some of the largest social housing estates in the country, which are very deprived, modelling how homes can become carbon-reduced or net zero.
I want to talk about the university, which has provided a benchmark and real expertise in renewable energy, carbon capture and flood resilience, which is such a critical issue, with the Humber remaining one of the most important parts. The wonderful Professor Dan Parsons is the director of the Energy and Environment Institute, which has led critical research in offshore wind and environment matters. It is now producing PhDs and apprenticeships and is providing the skills for the future that are so essential if we are to seize those opportunities.
The Prince of Wales said that business has to show the lead now, not just Governments. We have seen the way businesses have taken up this opportunity. Today, John Kerry, the US special presidential envoy for climate wrote in the Financial Times:
“Companies that quickly embrace green technology will clean up”
both the environment and commercially. The transition to net zero presents the greatest opportunity since the industrial revolution, certainly in the Hull area, led by Reckitt and many others and supported by the CBI. There is great reason for optimism—hard work, but optimism.
Baroness Hayman (CB)
My Lords, I declare my interest as co-chair of Peers for the Planet,. After the speech of the right reverend Prelate the Bishop of Exeter, I hope we may recruit him to the group. I add my congratulations to the noble Baroness, Lady Young of Old Scone, on her comprehensive introduction and to the whole team, led by Alok Sharma and the Minister here today on what they achieved in Glasgow. Like many others who spent time at the conference, I came back feeling that progress had been made. As the Prime Minister said on Monday:
“COP26 has filled me with optimism.”—[Official Report, Commons, 15/11/21; col. 335.]
He also said there can be
“nothing more dangerous than patting ourselves on the back and telling ourselves that the job is done.”—[Official Report, Commons, 15/11/21; col. 334.]
Far from feeling that we in the UK have discharged our responsibilities by hosting the meeting in Glasgow, it has never been more important for us, as we continue to hold the presidency throughout the next year, to lead action both domestically and on the international stage.
In my contribution, I want to focus on a rather technocratic, but, I believe, essential, aspect and a key building block for action in any post-COP strategy, which is the measurements and the metrics by which we judge progress. If we are to keep global warming within liveable limits and reverse biodiversity loss, we need milestones and metrics behind them that are deliverable, consistent, transparent and fair. Reliable metrics will help in many ways. They will enable us to make the personal choices the noble Baroness, Lady Bottomley, was talking about: how we eat, travel and heat our homes, and how we use our financial power in relation to pensions and investments with confidence that we are acting effectively.
Nationally, robust metrics ensure consistency and support every sector to adjust their business models and develop credible plans for the transition to a low-carbon future and help Governments keep on track in delivering net-zero and nature commitments. Internationally, they bring transparency and accountability. They depoliticise decision-making and are structural enablers of co-operation and trust between countries. They will strengthen transparency and create confidence in government decisions, especially when there are difficult choices ahead. Crucially, they can help protect the high levels of consensus we have enjoyed politically in the UK on climate issues, even as we move from commitments on paper to the more challenging and potentially more divisive task of delivering.
COP 26 has provided a launch pad for progress. As the noble Baroness, Lady Young, said, the Paris rulebook was completed. The UN announced a high-level expert group to propose standards for non-state actors’ net zero-commitments, as well as metrics to enable businesses, cities and regions to verify the climate resilience impact of their actions. There is the opportunity for the UK to lead on robust, science-based green and brown taxonomies, learning from the deficiencies in the EU’s process, but the Government need to ensure that they are science-based and avoid undue influence from polluting industries. Perhaps the Minister can provide an update on the progress of the advisory panel convened to develop that taxonomy.
I will end with the words of my noble friend Lord Deben, who said that we have to have optimism in mind, but also the word “apocalypse”.
Viscount Stansgate (Lab)
My Lords, the whole House owes a debt of gratitude to my noble friend Lady Young for enabling us to have one of the timeliest debates on one of the most important subjects you could possibly have in this House, which is the future of our planet earth. I, too, congratulate the right reverend Prelate the Bishop of Exeter on his excellent maiden speech. I only recently made mine. I think it was five weeks ago today, so I know what it is like to go through it and how relieved I hope he feels now it is over.
It is hard to judge, yet, in what way we will look back on COP 26, and it is hard to know, yet, what longer term success it will have in tackling the problems that we face, but I would like to pay tribute to Alok Sharma and the Minister for the work that has been done, of which we can be very proud. The emphasis on the phasing down of coal rather than its phasing out may have received the most immediate headlines, but there are other issues just as critical to the future, and in my short contribution to today’s debate, I want to mention the risks of biodiversity loss because, as I am sure the House will know, biodiversity loss and climate change are two sides of the same coin.
Human consumption is increasing the demand for resources, and this is leading to planetary change. There is a risk that human activity could push the earth into a substantially altered state. I do not know if your Lordships are familiar with the concept of “earth overshoot day”, but it is the day in any given year when it is thought that human resource demands on the earth exceed what the earth can regenerate. The global population and overall material consumption are both rising, but the earth’s capacity to meet human needs is finite.
I choose a few examples. Land use change is a major driver of biodiversity loss, and many current agricultural practices are unsustainable in the long term. The deforestation of the Amazon is an obvious example. That is why many argue that further expansion of agricultural land should be curtailed. Biodiversity supports agriculture through the provision of natural enemies, pollination and healthy soils, yet it is at risk. Take insects; in the last 40 years in the UK, there has been a reduction of one-third in all insect pollinator species, where they have been measured. Take fish; biodiversity loss in marine fisheries is likely to continue, although populations can recover if managed sustainably, which is why the marine protected areas are so important. However, global heating can threaten that recovery completely, as it affects where different species can flourish. As the oceans warm and become increasingly acidified, the risk increases. There are those who predict that, in the coastal and marine ecosystems of the Asia-Pacific region, exploitable fish stocks might disappear before 2050 under current climate change scenarios.
My final example is the damage that climate change could do to the diversity of our food supply. It is a sobering fact that about three-quarters of all global calories eaten by human beings come from only eight crops, and about 90% of all calories we consume come from only 18. There is a real vulnerability here if global heating adversely affects our ability to grow those crops where we currently do. The Royal Society of Biology points out, as my noble friend said, that the UK is not immune to climate change and its consequences, for there is mounting evidence that it has contributed to flood damage, lost crops, lost livelihoods and lost lives.
In closing, I emphasise that when one thinks about COP 26 and its aftermath, the issue of biodiversity loss is as great as that of phasing out fossil fuels. When the Minister replies, I hope he might say a word looking ahead to next year, when our next challenge will be in April and May in China, where part two of COP 15 takes place, focusing on biodiversity. I look forward to hearing what the Minister has to say in reply.
The Earl of Glasgow (LD)
My Lords, my home is about 30 miles from the centre of Glasgow, and for two weeks I have been host to something like 50 delegates from all over the world, attending or taking part in the COP 26 negotiations. I do not think I am alone in having to admit that, until recently, I had been supremely unconcerned about the imminent perils of global warming. Of course, I knew it was an issue of concern and that some drastic action might have to be taken soon to counteract it, but I never appreciated how imminent it was. It was only after meeting so many indigenous people from all over the world that I have become aware of how urgent this issue has become. Global warming is not something we will have to deal with in four or five years’ time; it is happening now and we must deal with it now. Because we have already left it too late, the solutions are likely to be painful.
So far, climate change has had only minimal effects in Britain, restricted mainly to excessive flooding in Yorkshire and the Midlands, but in many other parts of the world global warming is already changing the ways of life of indigenous people and permanently endangering their future. Staying in my home were people from Kenya, Pakistan, Bangladesh, Chile, Ecuador, Mexico, South Africa, New Zealand and the Marshall Islands, a lady representing Amazon Watch from Brazil and a teacher-diplomat lady from the Caribbean island of Grenada. By talking and listening to them, I got a first-hand worldview of what is really happening to our planet.
Of course, we are all aware of the melting ice cap and the imminent threat to the low-lying islands of the Pacific, the disappearance of the glaciers in the Alps, the ferocious forest fires in north-west America, the drought in South Africa and the floods in Pakistan, but it is the crop failures in so much of the world’s farming land that are causing the most concern. We must not get complacent, because so many of the worst effects of global warming have not yet directly affected us. The repercussions, at least, soon will.
I have no idea whether COP 26 will eventually be regarded as a success or a failure, but I believe that at least the publicity surrounding it has made more people, such as me, more aware and more knowledgeable about the imminent threat of global warming. By the time my visitors had left, I had been convinced that, apart from the continuing need to drastically reduce our emissions, the most important single issue is the preservation of the world’s rainforests. I therefore ask the Government whether they are putting sufficient pressure on Brazil, which seems to be ambivalent on this matter, to put an end to the present destruction of the Amazon rainforest.
Lord Tugendhat (Con)
My Lords, I begin by congratulating the right reverend Prelate the Bishop of Exeter on his notable maiden speech. His eloquence is worthy of the beauty of his cathedral, and his timekeeping is an example to us all.
I will say just a few words about China, India and coal. It is right that coal should be at the heart of the problem, and it was the statement on coal that was a disappointment at the end of the conference, but I think we need to see this matter in context. For a moment, I will turn the clock back 50 years. At that time, in the 1970s, one of the world’s great challenges was how to avoid widespread famine. I remind noble Lords of the famous Club of Rome 1972 report, The Limits to Growth, the most eloquent and influential exponent of that prospect and one that enjoyed great support among the scientific community. It turned out to be wrong. Not only has the predicted famine not occurred, but the position of the world’s poorest has been transformed for the better. World Bank figures show what has been achieved: in 1981, 42.7% of the world’s population was living in absolute poverty; now, the figure is 9.3% of a very much larger population.
The two countries that have done most to bring about this change are China and India. One of the most important instruments in enabling them to do so has been coal-fired electricity. Resolving one problem has contributed massively to creating another. The lives of millions of the world’s poorest people now depend on the fuel that is polluting the planet. While I recognise that phasing down coal, rather than phasing it out, represents a disappointing end to COP 26, I feel it represents an important step forward by China and India. If great human suffering is to be avoided, they need time to turn their economies away from coal.
The fact that they need time, however, does not mean that nothing should be done. The move must be made and they, like everyone else, must be subject to appropriate internationally verifiable targets and deadlines. At the same time, richer countries must make every effort to assist poorer countries to lessen their dependence on coal, and in that respect, the harnessing of private enterprise to governmental efforts, to which a number of noble Lords have referred, is a very important development.
Finally, the developed industrial countries that pressed for the phasing out of coal must move forward as quickly as possible to fulfil that aim. Achieving it and assisting the developing countries in reducing their dependence on coal, and indeed the efforts of China and India, will demand the most massive expenditure and huge changes in the way of life of people in this country, the developed world and the developing world. It is very important that Governments everywhere, but particularly our Government, be more frank than they have been about what those changes imply and what the costs will be. It is essential to do that if public opinion is to provide the necessary support for the required changes.
Lord Inglewood (Non-Afl)
My Lords, like a number of other Members of your Lordships’ House, I went up to Glasgow to COP. I went as chairman of the Cumbria local enterprise partnership. When I was there, there was a lot of discussion about whether it was going to succeed. Having thought about it, I do not think that is really the right question.
COP is not an isolated event but part of a process of responding to the threat to earth and all of us posed by the sun, the wider solar system and the universe behaving rather like classical deities or Old Testament Jehovah because we have messed up the protective atmospheric shield around us. Indeed, it has some similarities to attacks on the earth by aliens so beloved by science fiction writers. Rather to my surprise, when I pulled the China Daily out of my pigeonhole I saw the headline “End of Life a Real Risk if Climate Crisis is Unresolved”.
Although it is frustrating, success is not attributable to the communiqué issued at the end of the proceedings. I share the frustration of Alok Sharma and the Government about that. In a world where, honestly and realistically, we cannot necessarily rely confidently on people doing what they say and Governments sticking by what they have signed up to, and where political measures are perhaps the strongest sanction against recidivists, we are in a tricky place.
Much of the debate internationally seems to echo the debate I have had about climate change in Cumbria, where various discussions vie with plans, each more ambitious, grandiloquent and dramatic than the last. What matters, though, is the speed and thoroughness of dealing with the real issues, not the superficial grandeur and ambition of the plans.
We all have a part to play. In the case of my local enterprise partnership, we are promoting clean energy generation, particularly through nuclear and offshore wind. We are emphasising decarbonisation, both of business itself and of the transport systems and networks serving it. We are promoting and trying to activate natural carbon capture, which cannot work properly unless there is proper financial recognition for those deploying and managing the assets. Finally—this has not yet been mentioned—we are recognising and pursuing the commercial opportunities that the low-carbon economy presents to business.
We often face criticism: “We’ll behave properly but the rest of the world cheats, so what’s the point?”. The point is that we all have to do this together, because otherwise we will all be doomed. We in this country should show solidarity and leadership and get buy-in from everybody where we can. I believe we should proceed with developing some kind of Marshall aid to help many countries much poorer than us that face real, immediate challenges. It is true that we exported pollution from our country to many of their countries to enrich ourselves.
I come back to the critical question I started with: has it succeeded? I do not know—certainly not completely and absolutely in itself. But if COP 26 is a real move, a staging post to achieving in time the necessary changes to recalibrate how we all behave on earth and towards the earth, it certainly cannot have been a failure.
Lord Bird (CB)
When I look at the climate change argument, I am reminded of a friend of mine who was in a failing business. When the accountant left, he was praised for measuring its decline with great accuracy. I get that feeling because we have put an enormous amount of energy into measuring the decline and looking at things that have gone wrong. We have not spent as much energy finding the answers and solutions, except in the vaguest sort of ways.
Is it not interesting, this really weird situation, in that most of the damage to the world has been done in the last 60 years, since Rachel Carson wrote Silent Spring and published it in 1962? In fact, the first 50% of the damage done to the world took thousands and thousands of years. Then you get to 1960, when the world’s population was 3 billion, and going forward you have this world in which everybody seems to be hyperventilating about the wrong we are doing to it.
I find it extraordinary that there is a plethora of organisations, hundreds of thousands around the world, that are totally committed to doing something about the environment, but one thing they will not do is work together. There is no convergence, no concatenation, no coalescence. It is almost like a replica of the marketplace in the City of London or Wall Street. Organisations will have nothing to do with each other but are supposedly going in the same direction. In my opinion, that is the biggest intellectual crisis we face today and the question we have to ask the Government to help us resolve. How can we resolve the fact that we are all so committed to the environment in hundreds of thousands of organisations that will not concatenate, come together and do things?
I went to COP and had a brilliant time. I was very impressed by what the noble Baroness, Lady Boycott, said. I went into the blue zone and thought, “God, I’m in a car show!” It was like the Earl’s Court car showroom I used to go to quite regularly. There were all these people selling products; some of the stuff was pretty good. There are some brilliant answers out there. For instance, there is this kind of bacterium that eats plastic. There are all sorts of things; I met a woman who has developed a bacterium that eats nuclear waste. I met another woman who has invented a way of turning air into water at 68 degrees. There are all these energies and solutions. In this very difficult time, the role of the Government must be to bring those energies together.
I do not want to sound like an old historian—I am a self-appointed historian—but I look at what happened in the Second World War and the marvellous thing that Britain did, which nobody really ever talks about any more: the war effort. There was a convergence of energies. Little bits of aeroplanes could be made here, there and everywhere, and it was all converged. I think it was Herbert Morrison who did it. It was wonderful. We need that again and we need it now, because the talking needs to be over.
Lord Howell of Guildford (Con)
My Lords, Alok Sharma deserves very high praise for the many deals and agreements he achieved in important areas such as trees and methane. It is obvious, particularly from the speech we have just heard, that Glasgow was a fountain of fascinating new ideas, all to be developed.
Nevertheless, we are now in fact entering an extremely dangerous phase in which people, especially the young, are being deluded into believing that climate violence and greatly increased volatility in price and supply over the coming era can all somehow be averted or much ameliorated by net-zero policies that will cost little and cause minimum upheaval. This is 100% wrong and utterly misleading. In practice, the enormous world energy transition now being contemplated will cause huge disruption and bring massive social, industrial and political change—like the Industrial Revolution but on a vastly greater scale and costing trillions, not billions.
For a start, there is the sheer and complete impracticality of re-engineering the entire power and electricity systems of India, China, Africa and other countries, closing down and totally replacing their countless coal-fired and other fossil-fuel stations—which my noble friend Lord Tugendhat has just referred to—and transforming, in short order, the complex coal, oil and gas fuel mix that has dominated the world for the past two centuries. Not only can this not be done without intense human suffering or within the alleged timescale but just hand-wringing and promising not to finance any new coal-fired power stations does not begin to touch the rising emissions problem that is sitting before us.
The only way of doing so would be to go out to each one of the thousands of coal-fired stations across Asia and around the world and retrofit them with affordable carbon-capture devices—which, incidentally, are yet to be invented—and modern supercritical boilers. This is possible, but the funds required to do it, including not just the equipment but the technology, training and skilled manpower to do the fitting, exceed by a factor of at least 10 anything now being publicly admitted or any of the sums being talked about.
Actually, if aiding the most vulnerable and defenceless in our societies and easing human suffering were the real and genuine purpose, would we be going this way at all? By far the best use of funds and the most genuinely caring and compassionate route would be massive adaptation to protect people better against the inevitable periods ahead—who knows for how long —of climate violence, floods, storms, fires and heat waves, which are, historically, now due anyway.
Although, as we have been reminded, we should care deeply for the small island states, this is a direct threat to our own islands, as the noble Baroness, Lady Young, quite rightly began this debate by reminding us. We should tackle the protection and adaptation task with the intensity that the Dutch showed five centuries ago, only now at 100 times the scale.
The management of this transition, phase by phase, will require the utmost skill and intricate strategic energy planning. Without this and proper back-up, we will run into terrible price spikes, causing intense hardship for the most vulnerable and the defenceless, just as we are doing at this moment, although we do not seem to have touched on it much in this debate. Of course, it will also cause real insecurity and power shortages. We can have as many conferences as we like, but it is time for some honesty, realism and real action to prepare and protect our environment, our energy security and the younger generations’ real interests, prosperity and safety.
Lord Birt (CB)
My Lords, COP 26 can, on balance, be counted a success. There were significant stumbles, most obviously on coal, but the global consensus was shifted, momentum was increased and the pressure on the laggard nations is now too intense to ignore.
But let us be open-eyed: the challenge for every nation to meet the 1.5-degree target is absolutely enormous, including for us. In the UK, around 60% of our emissions come from just two sources: heating buildings and transport. The Government’s White Paper on heating, issued last month, offers a really authoritative and impressive account of the challenge. It identifies that many of the possible solutions—for instance, hydrogen heating—are uncertain. Other critical technologies are as yet unproven, or their affordability is not yet at all clear.
Heat pumps are a proven technology, but they are far more expensive than carbon boilers, and they will not do their job without a massive and costly programme of home insulation. For them to work, it is not just roofs that need insulating but windows, walls and floors. Absent greater clarity on how the transition to decarbonised heat is to be incentivised and organised, the Government’s target to be able to install 600,000 heat pumps a year within six years appears unreachable at this moment.
The technology solutions for decarbonising transport are far clearer, but their implementation is also fraught with difficulties. A few months ago, I bought my first electric vehicle. The car is a dream, but the charging is an absolute nightmare. I have a charge point installed at home. On a fair number of occasions, our power supply has dipped below the required statutory voltage and automatically disabled our charge point. The following morning, ready for a long journey, I have found the battery close to flat and my journey stymied.
When you venture out on to the public charging networks, the nightmare continues. Many public charge points are simply not working, and you do not know that until you get there. In some areas, any car is able to park in front of a street charger and block it. There is no standardisation of payment systems, and only a minority allow contactless. Charging systems lack transparency on pricing. A multiplicity of apps and proprietary cards is needed if all charge points are to be accessed. There are different and incompatible sockets for fast chargers. Many charging spaces are unsuitable for drivers with disabilities or for vans.
In short, the charge-point system is a complete mess. There are currently 33 million cars in the UK, only 1 million of which are EVs. If we are to achieve our target of 12 million EVs by 2030, the Government rapidly need to bring order to this chaos. Unless and until EV drivers can soon enjoy an equivalent experience to those driving petrol and diesel vehicles, confidence in EVs will simply evaporate.
I do not for one moment underestimate the challenges for government of achieving net zero. But I do say to the Minister that, post Glasgow, the Government need to roll up their sleeves and concentrate not just on proclaiming what our or others’ net-zero targets are but on working out in granular detail just how we are going to achieve them.
Baroness Bennett of Manor Castle (GP)
My Lords, this rich debate has been bursting with good ideas for the Government, so I will not repeat proposals but add to them. I note that I entirely agree with the six-point list of the noble Baroness, Lady Young of Old Scone, and thank her for securing this debate and introducing it so brilliantly.
I agree with the noble Baroness, Lady Parminter, that the World Trade Organization talks must enter the 21st century and make the climate emergency central to their progress. I agree with the noble Baroness, Lady Boycott, that Alok Sharma, having done a fine job in Glasgow, should be given his own department, although I add that the real change that we need to see is in the Treasury. It has to take a revolutionary step, following New Zealand in throwing out the nonsensical neoliberal idea that resources are all infinite or substitutable. You cannot have infinite growth on a finite planet. The planet is at or beyond its limits and the climate is only one of them.
I have already asked the Leader of the House if the UK will sign up to the Beyond Oil and Gas Alliance, which is leading the way on fossil fuels, and if we would counteract one of the great failures of COP 26 and put money into loss and damage. But I took the answer that I got as a firm “no”, so I will not ask the Minister to overrule that. After what we heard from the noble Baroness, Lady Sheehan, we have a pretty good idea of why we are not signing up to BOGA.
So I have two requests to the Minister. As the noble Baroness, Lady Boycott, said, at COP it was entirely evident how dominant fossil-fuel delegates were—so will the Minister commit to demanding that, at COP 27, the fossil-fuel advocates are expelled? They were the largest delegation at COP 26: there were 503 of them. The comparable World Health Organization tobacco-control talks ban big tobacco. Let us get big oil and gas out of COP.
I want to make a second point, which is broader. Along with many Members speaking in this debate, I was in Glasgow for nearly all of the two weeks. I agree with the noble Baroness, Lady Boycott, that the blue zone was often depressing. There were some real high points, such as the cryosphere zone—although perhaps “high point” is the wrong term. What we had was the scientists from the frozen, or should I say currently frozen, parts of this planet and indigenous people from those areas providing powerful testimony on just how much even the COP process is not fully accounting for the dangers that we face. The peatland pavilion and the water and health pavilions were starting to tie together the sustainable development goals with the understanding that we have to have system change, not climate emergency.
However, the real innovation—the energy and hope—was in what I call the shadow COP. You might call it the alternative COP; on the streets were 100,000 people, many of them young, who came out despite Covid-19 and some truly classic Glasgow weather to deliver the voice of urgency, innovation and change. There were so many halls with informal gatherings: “SHE changes climate” was another brilliant gathering there. There were people campaigning on ecocide, about which I have talked to the Minister before. Dr Saleemul Huq, the director of the International Centre for Climate Change and Development, based in Bangladesh, based in Bangladesh, did not call it the alternative COP. He called it the good COP, as opposed to the bad COP. Will the Minister ensure that Defra’s halls are open to the people from the good COP and that the Government are listening to those people’s voices?
Lord Loomba (CB)
My Lords, I thank the noble Baroness, Lady Young, for securing this important and timely debate. The Government, and the COP 26 president personally, deserve credit for their efforts in securing the Glasgow agreement, fragile as the prospects remain for keeping global temperatures within the recommended target range. A key priority of the UK Government at COP 26 was to put us on a path to keeping 1.5 degrees centigrade within reach through ambitious targets. Following the end of the summit, it is now clear that this goal was not fully realised, with the world en route to 2.4 degrees of warming by the end of the century, based on individual countries’ current 2030 commitments.
Over a decade ago, developed countries committed to mobilise US $100 billion a year to support developing countries to adapt to the impacts of climate change and reduce their emissions. However, developed countries have not yet met their pledge to provide this amount of money, despite it being a critical part of the grand bargain that underpins the Paris Agreement. This was a key sticking point in negotiations at COP 26; it is critical that progress on this is made ahead of COP 27 to ensure an ambitious outcome in all areas of the climate agenda.
We know, and it was graphically brought to life by the testimony of some delegates, that some countries are already in grave peril and facing humanitarian crises. These include island nations which are threatened with imminent extinction and coastal communities in many other countries too. The people in these affected parts, who have done nothing to cause this man-made emergency, lack the means to mitigate or even escape the fate that awaits them. We also know that it is true that all nations and people will be required to make changes to ensure sustainability, but it would be most unfair to ask countries in sub-Saharan Africa, south Asia and South America, which already have a very low standard of living, to make further sacrifices without the support of the richer nations which have played a far more significant role in creating the situation.
If we want the effort to keep global warming within the target range to be successful, it is essential that the funding provided to poorer countries makes it possible for them to play their part without increasing existing disparities. Does the Minister agree that we should lead the world and set an example by supporting the climate-vulnerable countries, which are already being affected by climate change, with additional climate finance commitments throughout the UK’s COP presidency?
Baroness McIntosh of Pickering (Con)
My Lords, I join those congratulating the noble Baroness, Lady Young of Old Scone, on securing this debate. I add my congratulations to the right reverend prelate the Bishop of Exeter on his excellent maiden speech. We are looking forward to hearing many more contributions and I hope I can work with him on rural areas. I declare my interests: I am a co-chair of the All-Party Parliamentary Group on Water, a vice-president of the Association of Drainage Authorities, president of National Energy Action and a member of the rural action group of the Church of England synod.
I join those paying tribute to the president, Alok Sharma, who came into his own in securing the agreement that was reached during COP 26. I warmly congratulate our own Minister, the noble Lord, Lord Goldsmith, hot from his triumph and excellent work on the Environment Act, on being able to build on that at COP 26. Glasgow and Scotland also came into their own by hosting and rising to the occasion.
One of my regrets is that population growth did not really feature at all in the procedures and processes of COP 26, yet it is generally recognised to be one of the greatest challenges that we face. A number of speakers have alluded to this in the debate so far. I hope we can grasp the nettle on that, certainly next year—not just in terms of communities being displaced but the rise and explosion of population growth globally, which contributes hugely to climate change. What will the test of the success of COP 26 be? Will it be the effects being reduced on the remote island communities? Will it about the cost and impact on the competitiveness of rich nations in helping to reduce those incidents of climate change? In recognising the effects of climate change globally and at home, I would like to focus on those four areas that were targeted for progress at COP 26.
My own experience, certainly domestically, is that of flooding in North Yorkshire. On the floodplains of the Vale of York, indeed in the whole of Yorkshire and the Humber, along with parts of Cumbria and many parts of Gloucestershire—and in the rest of the UK —flooding is something that we experience on an annual basis. On mitigation and adaptation, we can learn to work with nature: to plant trees intelligently; to value the role that farmers have to play in putting food on our plates; and by encouraging them to become more self-sufficient and not putting barriers in their way.
I decided to be environmentally friendly and attend COP 26 only remotely. I was very impressed by one of the sessions I attended on reimagining the future of water, by bringing together communities not just from across the EU but from the island nations. The cost of flood resilience, especially at home, and of installation—alluded to by my noble friend Lord Bridges—bears closer examination. We need to ensure that we give them the tools for what they have to produce. Here I praise the work of the report I was associated with, Bricks & Water, for its sensible recommendations that seem so simple yet are so hard to implement.
Finally, I echo the thoughts of all those who want to see rich and developed countries working with poorer developing countries to ensure that pollution is reduced so that we can, in the long term, tackle climate change.
Viscount Waverley (CB)
My Lords, the Government’s export plan, published yesterday, expressed commitment to safeguarding the environment, fostering high-value jobs in a low-carbon economy and fuelling technological innovations that can be exported around the world. A section entitled “Modernising trade” went on to present a vision of
“an enhanced EDG that will allow for longer-term financing for clean growth sector exporters”.
I join in the concerns regarding the Treasury and FCA recognising these lofty ambitions. There is concern that the UK is lagging in the ability to implement such change across the economy. Failure to raise capital for deployment in green projects has now only just begun to be addressed. Even if the Government’s green bonds should be raised, how will this money find its way down for projects? What has been done to combine green projects with the important financing agenda?
Growth by SMEs crucially depends on accessing export finance. UK industry can make an impact to the goals by providing world-leading solutions and products, with entrepreneurs filling the gaps left by banks by being allowed to access finance with less scrutiny from regulators.
Free from European rules, the Treasury and the FCA must encourage capital flows with innovative solutions, not constrain markets with wider regulatory powers. The result of doing so is the growth of the non-bank alternative finance industry and is a reflection of the inability of banks to finance SMEs. Financing for high-input projects, accessing the funding needed, will be hampered unless policy changes are introduced. Companies that cannot get funding in the UK will simply leave, with the resulting brain drain of technology further impeding delivery of COP 26 targets. Many UK companies have already gone to the Frankfurt stock exchange to raise capital, putting pressure on the image of the City as a hub of financial services innovation.
The UK has some of the most innovative alternative financing businesses in the world. The rise of alternative finance, which started with consumer lending, has succeeded in bridging the financing gap but these businesses have seemingly come under attack from the FCA. Policymakers must allow for the flow of capital down to the innovative mid-sized private companies by investing heavily in future technologies through grants and subsidies. Employment, innovation and rebalancing trade require capital and the internal market should be allowed to grow without overreliance on bank financing.
Baroness Worthington (CB)
My Lords, I thank the noble Baroness, Lady Young, for raising this subject and allowing us to debate this most important topic in such a timely manner. I want to make some comments about the mitigation aspects of the Conference of the Parties that was held in Glasgow. The conference itself covered many topics, but in four minutes I would not be able to do it justice.
My first comment is that this was a paradoxical COP as in one sense it was a success but in another an absolute failure. How could it be those two things at once? The first thing to say is that our expectations have been so lowered over the last 26 years that we are now facing a situation where the simple inclusion of the word “coal”—one word in the 57 legal documents that were produced—is seen as a success. This has been the effect of a huge amount of lobbying. Other noble Lords have spoken about the fact that delegations can include the very companies that these talks are meant to regulate and control, which distorts the outcome of these meetings.
There is also the fact that the COP process itself is not a healthy one. Alok Sharma and his team deserve a huge amount of praise for bringing this COP to a successful end, but no-drama Sharma was himself reduced to tears. The secretary-general issued a statement that reads more like a statement from an NGO about how disappointed he is and how people have been let down by the process. It is a very opaque process and hugely complex. Some 57 legal papers were negotiated over three different legal fora in the space of two weeks, full of jargon and technical language. Even the lawyers struggled to keep up. How are poorer nations meant to do the same? How is this inequitable system allowed to continue?
To steal the phrase of the right reverend Prelate the Bishop of Exeter—whom I congratulate on his maiden speech—it seems that the experts have built a “Titanic”. Perhaps it is time now for the amateurs, the observers and those people affected by climate change, to take over and demand more of this process.
In the short time I have available, I want to outline a six-point plan—that seems to be the way of things—much of which will overlap with the noble Baroness, Lady Young. On the global front, the first thing the Government must do is maintain the resources going into the departments that have led to the successful outcome of the COP. We cannot see a shrinking-back of our diplomatic effort at this time. We have another year to land a successful outcome in Egypt. We must keep the pressure on. Please let us see the civil servants being kept in their roles and continuing to push for more.
The second point is that it would be timely, ahead of the global stocktake, for us to do a review of this COP-MOP process to see whether it is fit for purpose. How can it be made more relevant, simpler, more accessible and more representative? How can we make sure that we are focusing the debate and the negotiations on the things that matter most? That is about increasing the pace of ambition in cutting emissions. The wider context could not be clearer. The nationally determined contributions that have been put together to date under the Paris Agreement would have emissions higher in 2030 by some 14% than they were in 2010 and we need to see them cut by 25% to 50% over that timescale if we are to have any chance of staying below 2 degrees and seeking to get to 1.5 degrees. Something is broken. We need a review. This COP-MOP process and the subsequent COPs could be made far more effective.
We should be looking at supportive parallel UN negotiations. We have had pledges on methane; let us turn those into an actual treaty on reducing methane globally. Let us look again at the supply of fossil fuels. A non-fossil fuel proliferation treaty may now be needed to cut back on the exploration and the digging out of fossil fuels.
I am out of time. Very quickly and thirdly, let us turn those pledges into action and NDCs. On the domestic front, we must revise our own net-zero targets and look again at whether we move faster. Symbolically, we need to lead so that others can follow. We must look at our supply-side issues—let us stop Cambo. On agriculture, let us get really quickly into reforming agricultural subsidies and then tell the rest of the world how we did it.
I thank noble Lords for their patience and I am sorry to have overrun, but I would just like to say the words of my friend who said:
“At least 1.5 is alive—just like Elvis.”
Lord Oates (LD)
My Lords, I declare my interest as chair of the advisory board of Weber Shandwick UK. I congratulate the noble Baroness, Lady Young of Old Scone, on securing this debate and on her very powerful speech. I also congratulate the right reverend Prelate the Bishop of Exeter—where I had the pleasure of spending three years as a university student—on his excellent maiden speech. I also commend my noble friend Lord Glasgow for hosting such a large number, and such a variety, of guests in Glasgow. I get the impression that his house may be a little bigger than mine.
As we have heard in this debate, there are a number of perspectives through which we can view the COP. The first, perhaps, is as a disaster because, as the noble Baroness, Lady Worthington, said, the measures agreed did not come anywhere near meeting the targets needed to avoid catastrophe and the NDCs, as she said, envisage even higher emissions in 2030 than today. Secondly, COP 26 could be seen as a missed opportunity for a much more comprehensive agreement, which was marred by the poor leadership from the Prime Minister and a series of spectacularly damaging decisions in the lead-up to the conference. Finally, perhaps the conference can be seen as a partial success because, while the speed of the journey is still far too slow and must urgently be sped up, we are at least facing in the right direction.
The truth is that all three perspectives have validity. If you represent an island state that faces inundation of its clean water supplies and the prospect that it will sink below the waves altogether, how could you see the failure to take more urgent and comprehensive action on fossil fuels as anything other than a disaster? The right reverend Prelate the Bishop of Exeter gave us an example of one of those islands that is now uninhabitable and is soon to be under the sea.
There was the astonishing way in which the Government set out, sometimes seemingly almost intentionally, to sabotage the chances of their own success and COP’s success by alienating in turn key players who were needed to secure a more comprehensive agreement. That was done: first, by betraying the global south by slashing our aid budget in a callous betrayal of the Conservative manifesto pledge; then, less than two months before the conference, by announcing a military pact nakedly aimed at containing China and which was hardly likely to encourage its co-operation; and, finally, by generating the maximum bad blood with the EU, which we needed as a highly engaged ally to exert maximum leverage if a more comprehensive agreement was to be achieved.
In light of all that, it certainly looks like a missed opportunity. In fact, from that perspective, it is perhaps remarkable that there was any agreement at all. Nevertheless, while both those perspectives have validity, I cling to the final perspective of COP as a partial success that at least has us facing in the right direction, even if at times it looked like the world would remain paralysed with inaction from setting off down that road. I cling to that perspective because the danger of pessimism is that it leads to defeatism. I do not believe that humanity can countenance that. I also cling to that belief because there were positive developments out of COP on which we need to build and go much further. Also, a challenging but positive approach to the issues ahead will be vital if we are going to succeed in this, humanity’s most vital task.
On the positive side, COP delivered some things. It kept 1.5 degrees within reach, if very distant reach. The agreed annual reviews of the NDCs are a potentially vital ratchet and, as the noble Baroness, Lady Boycott, said, we cannot overstate how important that is and how important Sharm el-Sheikh will be. The forestry agreement was also another positive. We will have to see whether some of the signatories, particularly President Bolsonaro, actually deliver on the agreement but it was a step forward and we should recognise that. I, like others, commend the Minister, the noble Lord, Lord Goldsmith, and Alok Sharma, for the work that they have done.
Also, if it was disappointing that India’s net-zero target was set at 2070, it was at least a positive sign that it committed to trebling clean energy in less than a decade. Also significant was the deal with South Africa to work with that country in phasing out coal-generated power. The Prime Minister said that we had succeeded in uniting the world in calling time on coal. That seems a big claim, given what went on around that issue. However, it is not insignificant that coal was mentioned, although, of course, not nearly enough was done. China and India also found themselves a bit exposed on this subject and they may be nervous in the future. There were other agreements on methane and electric cars that offer us some positive hope.
I was in Glasgow for the finance day in particular. One of the encouraging things there was that, although some of the claims about the hundreds of trillions of dollars under management were perhaps overblown, it was key that there was much greater focus and commitment to greening finance. That was important. It was the first time that a US Treasury Secretary had ever attended a COP meeting, which is also important. The announcement ahead of the COP by the Prudential Regulation Authority that it would be reviewing capital requirements to ensure that they adequately factor in climate risk was encouraging, and the ECB also said that it was taking steps in that direction as well. Finance and the role of financial regulation will play an ever-increasingly important role in our battle to address climate change. While much more is to be done, I was encouraged by that.
However, we have heard a lot about the disappointments in other respects—the failure to meet the financial commitments to assist the global south in transitioning their economies. At some point, we are going to have to address the issue of loss and damage, particularly for the island states. COP failed, as we have heard from my noble friend Lady Sheehan, to agree an end to the burning of fossil fuels. That will be vital if we are going to achieve what we need in terms of net zero.
The noble Baroness, Lady Hayman, highlighted the importance of transparency and fairness over metrics and measurements. As we go down the road towards net zero, how we measure and know that accurate measurements are taken will be critical. We still are painfully behind the timescales needed in terms of global agreements on financial regulation to ensure that, across the world, climate change is properly priced into risk.
There are lots of challenges, but we must not play into the hands of the deniers, delayers and defeatists by running a despairing narrative. We have heard a raft of positive proposals today—not least the six-point plans from the noble Baronesses, Lady Young and Lady Worthington. We have heard highlighted the importance of not thinking that we can just keep on acting as we are now. We have to restrain energy; we heard that from the noble Lord, Lord Browne of Ladyton, and, as my noble friend Lady Parminter said, it is so disappointing that we have not moved on that in the building and heat strategy.
In summary, we had an outcome from COP that at least pointed in the right direction. It was more success than failure, but it still leaves us perilously far from what we need to achieve. We have to ensure that we do not, as the noble Baroness, Lady Boycott, warned us, allow this issue to slip down the agenda. All of us have to redouble our efforts—including the Government, business and NGOs—to ensure that we can ultimately deliver that 1.5 degree target.
Lord Grantchester (Lab)
I join noble Lords in thanking my noble friend Lady Young for introducing this debate on the outcome of Britain’s hosting of COP 26 in Glasgow. I declare my interest as having a stake in the outcome.
It is important to consider where this leaves the global challenges to halt and deal with continuing emissions. The reality check is that, while emissions fell 5.4% in 2020 due to the pandemic lockdowns, this year the rise in emissions has been one of the highest ever, likely to be around 8%, far eclipsing the temporary 2020 fall, according to the Global Carbon Budget report. Glasgow COP 26 was an important moment, but one of the many along the pathway towards sustainability, where we are all participants, not spectators.
My noble friend Lady Young has picked a very important day for this debate, as today is precisely the first anniversary of the Prime Minister’s scattergun 10-point plan—his first foray into the issue, without any plan or coherence. Many strategic holes have slowly been filled since. Naturally, one year on, progress against the Government’s targets has been patchy. At the last minute—highly favoured by the Prime Minister—before COP 26, the Government managed to complete their strategy plans with the publication of the Net Zero Strategy, with far more encompassing coherence about how the UK will meet its carbon targets.
Still, small steps are encouraging, even ticking off some of the nature milestones of 2020-21—for example, the £80 million through the Green Recovery Challenge Fund and the £5.2 billion into flood and coastal defences. However, it is clear that progress has fallen well shy of the scale of action required. As the country and the world are exhorted to return in one year’s time with enhanced nationally determined contributions, do the Government plan to come forward with fresh and enhanced plans to be achieved by the end of the UK’s presidency in Egypt?
I thank all those who have contributed to the debate today. I congratulate the right reverend Prelate the Bishop of Exeter on his thoughtful remarks, especially recognising the importance of scientists. We wish him well with his diocese’s net-zero plans, to follow the design of the Ark rather than the “Titanic”.
Speakers reveal that the threat today now comes more from climate delayers. The world is making slow progress against quickening climate reaction. This is indeed the decisive decade. Far more importance needs to be placed on 2030 targets, rather than portraying them merely as an interim towards 2050, thereby putting off achievement to further along the line. As many have said, 1.5 degrees is on life support, and we need to roughly halve emissions by 2030. We need to cut emissions by then to 25 billion tonnes from the 58 billion tonnes today, yet the UNEP Emissions Gap Report confirms that total emissions cuts at Glasgow amount to just 4.8 billion tonnes, less than one-fifth of what is required. Shifting the goalposts to 2050 and net-zero dates from then puts the focus further away.
While the one new but major announcement by India to meet net zero by 2070—even further away—can be welcomed, success cannot be claimed on the basis of vague and often vacuous net-zero targets three or more decades hence. The most dangerous mistake that the Prime Minister likes to make is to dress up modest progress as transformational. This only lets off the hook the big emitters who want to go along with the crowd and pretend that more progress has been made than reality suggests. The Climate Action Tracker report calculates that, rather than 1.5 degrees, the pledges for 2030 put the world on track for a devastating 2.4-degree warming, where millions more people and their communities will face extreme weather events and the natural wonders of the world will be devastated.
The test of Glasgow is the commitments for 2030. Yes, Glasgow was a start for this recognition, but serious work needs to follow through with urgency, consistency and determination. On coal, yes, there was an announcement for the first time, but only 46 of the 190 countries and organisations are indeed countries, and the big emitters of China and India watered down the deadlines, putting the commitment well into the future by replacing “phase out” with “phase down”. No wonder this sounds to so many like “blah blah blah”.
The Government need to set the example and show their determination by ending all fossil fuel developments. One of the encouraging developments at Glasgow was the launch of BOGA, the Beyond Oil and Gas Alliance of 11 national and subnational Governments such as that of California to deliver a managed and just transition away from oil and gas production. What consideration are the UK Government giving to joining that alliance?
On trees, yes, there is a plan to end deforestation by 2030, but with no enforcement mechanisms. A similar announcement was made in 2014, but deforestation has merely increased. On cash and climate finance, the promise of $100 billion each year for developing countries has not been reached. The total had previously stood at $78 billion. I thanked the Leader of the House on Tuesday for pointing to the paper on the 2021 to 2025 climate finance commitments, but from this it is extremely hard to calculate what total has now been reached. Does the Minister have that global figure?
A further new development at Glasgow was the recognition of loss and damage payments, to build on the Santiago network of data on repairing the damage already occurring. Do the Government recognise their inconsistency towards developing countries when they cut the overseas aid budget? Plans to restore this many years into the future, while making caveats, do not help build the trust that is so needed if concerted responses across the globe are going to take place. What plans do the Government now have to increase funding further and spend more on adaptation than on emissions cuts?
The Government must be consistent right across all departments. Does the Minister recognise the contradiction from his colleague the Chancellor with the announcement in the Budget of the reduction in air passenger duty? Government retorts are beside the point. The impression is that the Government do not take climate change seriously. Does the Minister suffer any despondency about his job looking harder when he sees the Department for International Trade deleting chapters on climate change in the UK’s agreement in principle with Australia, to enable the Prime Minister to boast of the announcement of a trade deal at the G7 conference in Cornwall?
Recently the Australian Government reaffirmed their 2030 target, but this is only consistent with 4-degree warming. If the Government are to be serious in continuing with the presidency for a further year, they need to finalise all trade deals—especially with Australia, as a country committed to coal—putting chapters on climate change consistent with 1.5 degrees in the negotiating mandate and in final texts. Can the Government act tough on climate change?
Many organisations are now bringing forward their own plans for net zero emissions by 2030. I thank the National Trust for its briefings, and many noble Lords mentioned biodiversity action plans today and at Tuesday’s Statement. Through the Agriculture Act 2020 the Government have many opportunities, through ELMS and the sustainable farming incentive, to build detail on the local nature recovery scheme, to link with the six specified goals of the 25-year environment plan. Does the Minister’s department need to work better and hand in hand with the business department?
The recent Net Zero Strategy committed to restoring 280,000 hectares of peatlands by 2050. However, that represents only just over one-third of the UK’s peatlands and does not match the recommendation of the Climate Change Committee to restore all upland peatlands by 2045. Will the Government now raise the ambition and increase the commitments for next year by meeting this recommendation?
I recognise that the Government have made important strides at COP 26 and that there are many aspects that I have not mentioned—not least, the announcements on methane. I thank Alok Sharma, his officials and the Government for their commitment at COP 26 and their dedication. The challenge is to maintain momentum, stop facing both ways and implement the net-zero test for all government departments and procurements so that the handover of the presidency in Egypt is at a far more advanced and substantial place.
Labour has pledged £28 billion extra each year until 2030 to create a greener, fairer country for all communities. That must include insulation for homes, greater energy efficiency in the built environment, creating modern, well-paid jobs in new industries such as renewables and hydrogen, and helping existing industries such as steel to make the transition to a modern economy. Affordable transport is still far away. Will the Government agree today to bring forward deeper plans with the new national determined contribution for 2022? What next steps do the Government plan?
We are still in the game. As Keir Starmer, the Labour leader, recently said:
“We must use the final year of the UK’s presidency to rescue what COP26 hasn’t achieved.”
The Minister of State, Department for the Environment, Food and Rural Affairs and Foreign, Commonwealth and Development Office (Lord Goldsmith of Richmond Park) (Con)
My Lords, I thank all noble Lords for contributing to this debate on the outcome of COP 26, particularly the noble Baroness, Lady Young, who gave an excellent opening speech providing valuable context. I also thank her for her kind words.
COP 26 brought together 120 world leaders and more than 38,000 representatives from Governments, civil society, business and youth. It was the biggest summit that we have ever hosted in this country. In many respects, it was also the most important. The backdrop could not have been clearer. As the Intergovernmental Panel on Climate Change said in its report this year, it is code red for the climate. The final COP 26 text follows two years of intense diplomacy and campaigning by the UK presidency. Climate negotiators ended two weeks of intense talks on Saturday with a consensus on urgently accelerating climate action.
As COP 26 president, our overarching goal was to keep alive the possibility of keeping global temperatures within 1.5 degrees to ensure much greater support for countries to adapt to what we know will be inevitable changes, even if we stay within 1.5 degrees, and to ramp up the availability of finance, in particular for small island developing states but for climate vulnerable nations generally, and to put nature at the heart of our global response to climate change. That was particularly important given how marginal nature has always been to this issue, a point made well by the noble Viscount, Lord Stansgate.
Although a gap remains between where we are and where we need to be, as many speakers today have pointed out, there can be no doubt that we narrowed that gap considerably further than anyone had predicted and that we have indeed kept alive the possibility of keeping global warming within 1.5 degrees. Therefore, I share that cautious optimism that was expressed by a number of speakers, including the noble Baroness, Lady Hayman, and my noble friends Lady Bottomley and Lord Bridges.
We have seen significant and meaningful progress with net-zero commitments in the final negotiated text, which was agreed by all 197 parties, and on protecting and restoring the natural world. We have also, critically, seen action from countries and the private sector, particularly around coal, cars, cash and trees, to drive down emissions this decade. However, none of this will count for anything unless we continue to ramp up ambition and until and unless promises are kept in full, which will be our priority in this year, while we continue to hold the presidency.
To limit temperature rises to 1.5 degrees, we know we must secure global net zero by the middle of the century and halve global emissions by 2030. With all the additional country commitments that we secured in the run up to and at COP, 90% of the global economy is now covered by net-zero commitments, which is up from 30% when the UK took on the presidency in 2019. While long-term strategies are obviously key, we know we need urgent ambition this decade. That is why we have consistently called for all countries to submit ambitious 2030 commitments that put us on a path to global net zero.
It is sometimes said by commentators that our efforts in the UK are pointless if China and other similar countries continue to ramp up their coal use. That misses the point that we have now seen significant commitments from countries, including new 2030 commitments from Brazil, China and India. China has already committed to peak its carbon emissions before 2030, achieve climate neutrality before 2060 and end overseas coal financing this year. We will always be asking for more, but it would be wrong to pretend that this is not very serious progress. India, too, has committed to net zero for the first time and announced ambitious plans for half its electricity capacity to come from renewables by 2030. A total of 154 parties have now submitted nationally determined contributions to date, representing around 80% of global emissions. This is real progress, but we must see more from the remaining parties and improved NDCs when countries come back for COP 27, to be hosted next year in Sharm el-Sheikh, Egypt.
The UK has led by example. We were the first major economy to commit to net zero in law and to reducing carbon emissions by 78% in 2035. We will completely phase out coal power in 2024, and we are also ending the sale of new petrol and diesel cars and vans from 2030. We have also set out our commitment to increase our international climate finance by a further £1 billion on top of the £11.6 billion that we had already committed to in climate and nature finance, at least £3 billion of which will be invested in nature-based solutions to climate change. The UK and the science have been clear that phasing out unabated coal power is the single most important step to keeping 1.5 degrees within reach. At COP, we saw 65 countries commit to coal phase out, including four of the world’s top 20 coal-power generating countries.
All major coal-financing countries have now committed to ending international coal finance by the end of 2021, with $20 billion in funding to support the coal-to-clean-power transition announced at COP 26. I note the comment of the noble Lord, Lord Oates, who feels that the Prime Minister may have exaggerated the success in relation to coal, so rather than quote him, I will quote the Executive Director of Greenpeace:
“a signal has been sent that the era of coal is ending. And that matters.”
We have also taken a big bite out of international public financing for oil and gas, with almost 40 countries, including all of western Europe, the USA and Canada, following the UK’s lead earlier this year in ending overseas public financing for all unabated fossil fuels. This will free more than $24 billion a year that could now flow towards clean energy.
The new global green grids initiative—One Sun One World One Grid—launched by the UK and India, and backed by more than 80 countries, will also further accelerate the development of interconnected electricity grids across continents, countries and communities. We saw a partnership of the UK, US, France, Germany and the EU to launch a just energy transition partnership with South Africa, backed by an initial $8.5 billion to enable decarbonisation and the just energy transition in South Africa. These sorts of partnerships will be critical as countries kick-start their transitions away from fossil fuels. With support from the UK presidency, more than 100 countries which are responsible for just under half of all methane emissions have joined the global methane pledge to cut methane emissions by 30% by 2030. This includes six of the top 10 methane emitters.
I note the comments by my noble friend Lord Howell about the energy transition currently being proposed. However, it is not a transition that is being proposed; it is a transition that is already well under way, irrespective of the politics. That is illustrated by the fact that coal use fell faster under President Trump, who lavished public money trying to keep it alive, than it did under President Obama before him. More money now flows into new renewable capacity year on year than flows into fossil fuels, so this transition is happening.
On cars, we worked to build consensus on the pace of the transition to zero-emission vehicles. At COP 26, the UK co-ordinated a joint statement in which signatories committed to work towards all new car sales being zero emission by 2040 globally and by 2035 in leading markets. That was backed by more than 30 countries, together with six major manufacturers—GM, Ford, Mercedes, Volvo, JLR and BYD—28 fleet owners, 13 investors and 41 cities, states, and regions from all over the world. Around one-third of the global car market is now covered by manufacturer commitments to phase out polluting vehicles, up from close to zero at the start of this year. Domestically, the UK has also committed to ending the sale of new petrol and diesel cars and vans from 2030. From 2035, all new cars and vans must be zero emission at the tailpipe. Phasing out the sale of new petrol and diesel cars and vans by 2030 will put the UK on course to be the G7 country that will decarbonise cars and vans the fastest.
I note the comments by the noble Lord, Lord Birt, regarding the difficulties with charging. When I first bought an electric car, I found myself stranded in the first week, which was at the time a very significant put-off. However, on the back of the commitments that have been made and the signals being sent to buyers and car manufacturers and between government and the private sector, that infrastructure will continue to be rolled out, and faster.
More public and private finance has been committed to support climate action in developing countries than ever before, and the global financial system is finally aligning behind a net-zero, resilient world, as a number of speakers mentioned. In fact, under the UK’s presidency, 95% of the largest developed-country climate finance providers made new, forward-looking commitments.
The $100 billion finance goal, referenced by a number of noble Lords, not least the noble Baroness, Lady Young, will be met by developed countries. It is late; we know that. We have not got there fast enough. We have tried, but we have made progress and we will continue to push countries to go faster. Climate finance is now expected to increase to between $113 billion and $117 billion in 2025, compared with around $80 billion in 2019. It is now likely that $500 billion will be mobilised over the period 2021-25. This means more money for developing countries, which is critical as they decarbonise and adapt to the impacts of climate change.
We saw new commitments by the public and private sector to provide scaled-up finance to support developing countries to take climate action and to align trillions of dollars of finance with a net-zero, resilient future. Over 450 private financial institutions, responsible for over $130 trillion in assets, have committed to net zero by 2050 through the GFANZ alliance, which was also mentioned by the noble Baroness, Lady Young. That is within the UN’s Race to Zero.
On trees, or more accurately on nature, the UK has turned the tide. We delivered at the world leaders’ summit a package of commitments, each one of which is unprecedented and meaningful. Combined, the whole is undoubtedly bigger than the sum of its parts. As Manuel Pulgar-Vidal, the WWF global lead on climate and energy, said:
“Nature truly arrived at COP26.”
Justin Adams from the Tropical Forest Alliance said that the commitments signify
“the biggest moment we’ve had in forests and nature, probably ever.”
He also said:
“What is happening is historic. I think we’ll look back and realise that this was the day when we finally turned the tide on deforestation.”
Forbes described the commitments as a “‘Paris moment’ for forests”. I will explain why I think that is broadly right.
More than 140 countries, including Indonesia, Brazil, and Russia, accounting for over 90% of the world’s forests, committed to halt and reverse forest loss and land degradation by 2030 in the Glasgow leaders’ declaration on forests and land use. Donor countries, combined with philanthropy, committed $20 billion of climate finance. In addition, $1.5 billion was secured to protect the forests of the Congo basin, an area of incalculable beauty and importance. Nearly $2 billion was secured for indigenous people; I will come to that shortly.
However, we know that pledges and finance alone will not be enough. That is why, alongside those finance commitments, we focused on the necessary systemic change. We secured extremely hard-won commitments from all the main multilateral development banks, including the World Bank, which committed to aligning their portfolios not only with Paris but with nature. That alone will have a big impact on the market.
As importantly, we secured a commitment from the world’s biggest buyers of agricultural commodities, including the Chinese-owned COFCO, that their buying policies will be aligned with 1.5 degrees and our overall deforestation goals. It is hard to exaggerate the potency of that signal to some of the more reluctant forest countries, which we simply were not going to get over the line but succeeded in doing so because of that commitment from the commodity buyers. In addition to all that, we secured commitments from financial institutions with nearly $9 trillion in assets that they too will align their portfolios with the same deforestation goals. While I commend the right reverend Prelate the Bishop of Exeter on his excellent maiden speech, I also thank the Church of England through him for its leadership on this issue, because on many of the commitments I just described we were helped significantly through working with, among others, its representatives. I heap praise on that institution.
I mentioned support for indigenous communities, and that is key. They have protected the world’s forests for generations, often in the face of serious threats to their lives, but their status in their lands is uncertain. In addition to the well-understood and very obvious issues of justice, there can be no better—and probably no cheaper—way to protect large areas of intact forest than by supporting those who have been looking after them for so long. The new finance that has been committed will be focused largely on issues of land tenure and will have a major impact. As one indigenous leader at COP said, “We have protected 80% of the world’s forest biodiversity without any support at all; can you imagine what we will do with that support?” Tuntiak Katan, the co-ordinator of the Global Alliance of Territorial Communities, said:
“After attending these climate events for years, this one is different. The UK has put tremendous effort into raising our visibility at this COP.”
The noble Viscount, Lord Stansgate, rightly pointed to next year’s CBD COP 15. It is the next big opportunity and the next big step. We will do everything we can to build on what was secured on nature in this COP to maximise the chance of an even more ambitious COP 15. We are not the hosts, but I can absolutely commit that the UK is bracing and ratcheting up every tool we have to make the biggest possible impact on that.
One area that has long been contentious, which has been raised by a number of people, including the noble Lord, Lord Loomba, and the noble Baroness, Lady McIntosh, is the issue of loss and damage. We know that even if we keep warming to 1.5 degrees, the world will change and the most vulnerable countries, particular small island states, will be very badly affected. Indeed, they are already being affected. This is an existential issue for them. What makes it worse in a sense is that, in addition to being those hit hardest, they tend on the whole to have the most progressive climate policies and are very forward-leading. That means that, when they speak, they have huge moral authority.
It is welcome then that, within the Glasgow climate pact, countries agreed to double their climate finance for efforts to cope and adapt to climate change impacts. Although we did not secure what was rightly demanded on loss and damage, the Glasgow countries agreed to establish the Santiago Network for loss and damage and initiate a dialogue around the financing of these activities. It is our job now as COP president for the next year to ensure that that dialogue leads to something. We have also worked hard to improve access to finance for the most vulnerable, including the small island developing states, by launching some months ago the access to finance taskforce with Fiji, which has already yielded results, not least in the manner in which some of the multilateral development banks make finance available to those vulnerable countries.
COP 26 delivered in multiple other ways. We saw major commitments from countries to put climate change at the centre of national curriculums. We secured commitments from Governments to put women at the heart of their climate policies and actions. We saw bold commitments from city mayors around the world. Some of the greatest climate leaders are city administrations.
The point about accreditation made by the noble Baronesses, Lady Boycott and Lady Bennett, is a very good one. There were a lot of oil company representatives at COP, but that is not the fault of the UK Government. We have no control over accreditation at all. I suspect that if we had had that role, we would have had a far better gender balance and we certainly would not have had as many oil procurers and sellers dominating the halls of the conference. Throughout our presidency, we have been extremely resistant to the kind of lobbying that might result in us wanting to water down our ambitions for COP or what we do domestically.
I turn finally to the text agreed at COP, where negotiators from 197 parties reached agreement on a range of key issues. In a historic first, COP 26 agreed the Glasgow-Sharm el-Sheikh work programme on the global goal on adaptation and the Glasgow dialogue on loss and damage to better co-ordinate financial support. Crucially, they delivered on leaders’ calls to accelerate climate action this decade, a point also made well by the noble Baroness, Lady Boycott. That means that we have an incredibly powerful ratchet mechanism. We can push and push to get countries to ramp up their ambition over this coming year—not in 50 years, but now. We will absolutely need our COP unit, led by the brilliant Alok Sharma and his brilliant team, to be fully resourced to do that.
The Paris rulebook—the guidelines for how the Paris Agreement is implemented—was finally agreed. That includes agreement on transparency processes that will hold countries to account.
We have seen real progress on the agreements reached around Article 6, but I will not have time to go into that now, other than to say that this creates an opportunity where we can have high-integrity carbon markets at supply and demand. That should unleash very large sums of money to protect the world’s forests, if done properly.
COP 26 is a historic moment. I have no doubt about that. The gap in ambition has narrowed. We now have net-zero commitments for over 90% of the world’s economy —up from 30% two years ago—and 1.5 degrees is alive. There is a huge and clear recognition now—indeed, we have won the argument—that we cannot achieve a solution to climate change, or indeed many other issues, without massive support for nature. All this relies on commitments being honoured in full by all countries. As we hold the presidency for the year, we will do absolutely everything we can to make sure that those commitments are indeed honoured in full.
I will use the remaining seconds I have to echo the remarks of many noble Lords and heap thanks on Alok Sharma. He did a magnificent job. I think he worked almost more hours than there are in a day and his team supported him extremely well. In anyone else’s hands, COP would not have delivered the kind of results it did. No one is going to pretend that we delivered enough, but we certainly delivered more than was anticipated in these difficult times and much of that is down to his hard work. He was supported all the way through by our Prime Minister, Boris Johnson.
Baroness Young of Old Scone (Lab)
My Lords, I thank all noble Lords who contributed to this debate. I particularly thank the right reverend Prelate the Bishop of Exeter, who talked about Noah. I wondered whether I should press my football analogy one step further and ask him for his views on whether we need Maradona and the hand of God, but I decided not to.
This debate has been full of lists; some were absolutely splendid. Many noble Lords were listing the things they had seen, experienced and clocked at COP that were exceptionally good ideas and examples of local people, businesses and Governments working together to deliver on the COP objectives and address the threat of climate change and biodiversity decline. The noble Lord, Lord Goldsmith, also gave a comprehensive list of the initiatives achieved by the process.
However, I still come away from the debate a bit gloomier than when I started. That is the process I have been going through pretty well every day since the end of COP, depending on how I got out of bed in the morning and how I felt about the outcomes. We are standing at a crossroads where we can use the energy generated by this process and achieve, or not capitalise on it and let it subside and dribble away.
Some really strong ideas came forward in the debate, including that of a green growth strategy that integrates growth and greenness. Noble Lords also raised the importance of behavioural change and how that needs to be set in a framework in which people are not being lectured but enabled to achieve green behaviours, in a way that represents a just transition that does not penalise the poor and includes easy access to technology.
The noble Lord, Lord Birt, talked about granular planning and implementation, a theme that came out throughout noble Lords’ comments. We really need to take the big ideas and make sure that, in a rather boring way, both nationally and locally, we are planning these out in detail to make sure that the steps we take each year will deliver by the deadlines that we know exist. It was good to hear a focus on land use, agriculture, biodiversity, a fair and just transition and the role that the UK can play in the next year through both leadership and example to keep the international effort moving forward.
Apart from the complexity of the whole wretched thing, my slight dissatisfaction is that none of the Government’s recent announcements have been wrong. They are all in the right direction, but they are not the granular roadmap that we need, and they are not enough. There is a lot more to do. I hope the Minister will write to me on the points in my six-point plan. He might want to sidle up and talk in my ear on the one on the Treasury, which in my view is the most important.
I thank the Minister and everyone associated with COP 26 for everything that has been achieved and give great wishes for that effort to be continued over the next year; I will personally slice the oranges—I said I would not have another football analogy. I finish by referring to something that the noble Baroness, Lady Hayman, said, quoting the noble Lord, Lord Deben: we are at the crossroads of optimism and apocalypse. I know which way I want us to go.
House of Lords: Appointments Process
(2 years, 5 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Balfe
To ask Her Majesty’s Government what plans they have, if any, to establish a committee to review the process for appointing members of the House of Lords.
Lord Balfe (Con)
My Lords, I will make a couple of points right at the beginning. I have had an email from my noble friend Lord Hayward, who was going to speak, but has decided not to because there is not much time. He asks for his support to be recorded. I have also heard from the noble and learned Lord, Lord Morris, who came up with an ingenious way of dealing with peerages, which we will come to.
To put this debate into context, I should say that this is not about attacking anyone. It is about us hopefully getting a better House of Lords. The main reason I am here moving it is that I was lucky in the raffle; we essentially have a raffle for this kind of debate.
It might help the House if I begin by reading out the question I tried to get debated, which read: “Noting the extent to which all major parties represented in the House have, on occasion, nominated persons for Membership whose virtues are not immediately evident to the general public, the House resolves to establish a committee to look into how the system could be improved and to pass its findings to all political parties to consider when making future recommendations for Membership of the House.” I thought that was a fairly straightforward and easy resolution to put forward, but I was told by the Table Office that a topical QSD needs to be in the form of a question and cannot ask the House to make a decision. That is how we got to today’s wording. That underlines the question of being a self-governing House, when we cannot even set up a committee to look at something. That in itself is a very good starting point for this debate.
To me, the debate is born out of frustration with, in particular, the present Prime Minister. Whether through contempt or disdain, he does not appear to take any notice of this House whatever. He has not taken any notice of the Burns committee or the need for us to engage in some form of reform. I see no sign of him understanding or wanting to understand. To even up the score, I was also disappointed that the Leader of the Opposition, who put her name down to speak in this debate, subsequently removed it.
We should look at the facts. We always talk about the number of people in the Lords. That is indeed a problem. But there is another problem—the number of Members of this Chamber of whom we see very little. There are 39 people on leave of absence; one whom I shall not name has been resident in California for at least the last four years. Apparently, there is nothing to stop people being on perpetual leave of absence. All they have to do is to write an annual letter to the clerk saying that, at some point, they will take up their seat again. They do not even have to give any indication as to when. With 39 Peers on leave of absence, that gives us 783. Of those 783, there are roughly 200 whom we hardly ever see.
This is as much part of the problem as the number that we do see. The number of people taking part in the work of the House is not terribly large. On Wednesday this week, we had 411 voting, and that went down to 356 for the second vote. My good friend, the noble Lord, Lord Foulkes, got some figures for attendance in September and October. The average attendance at the September Sittings was 376. In October, it was 402. So we do have a problem with numbers, but part of it is that some Members are seldom seen and do not contribute to the work of this House. This is why we need some sort of thorough look at how the House works and what can be done.
Since October 2019, the present Prime Minister has appointed 64 new life Peers. Had he not done that, we would have been on course to achieve the Burns committee’s recommendations. Had he restrained himself in the way that Theresa May did, we would be, according to the Library, more or less on course to fulfil the Burns recommendations.
So I hope we will come to a point where we can look not only at the numbers on the payroll, so to speak, but also at the numbers who are actually doing something, in order to find a way to reduce the numbers in the House and also provide a place for people to take part in what is happening. Looking at the green list, as I call it, for today, there are 23 Select Committee reports awaiting debate. Five have been waiting for more than a year. What sort of a House is it that has high-quality committees producing high-quality reports that never get debated? This is, frankly, disorganisation. The oldest report—which goes back to 27 April 2020—is now 16 months old. This is not an acceptable way of running the House.
I realise that the Minister is in a rather difficult position, because I am not really asking for anything that he can give us. All I could ask him is to go back to the people who listen to him and say, “Look, it’s about time we set up some sort of body to look at how to make this House fulfil its constitutional duty better”. May I remind the Minister that the Conservative manifesto contained a pledge to look at how to do things better? I will not say how they could be done better, but some of the comments we see—particularly in the Sunday Times, which should, frankly, know better—are not in the least helpful.
Let us start by accepting that we are all lucky to be in this House. When I look at my noble friend Lord Farmer and the work that he has put in on families and prisoners, I think he is more than worth his place in this Chamber. The fact that he is a former Treasurer of the Conservative Party is no more relevant than my work as trade union adviser to David Cameron. We both did jobs for our party, and at a point our party decided—God help them—that we would be okay to put in the House of Lords and that we might manage to contribute. By definition, all the Members in the Chamber are here to listen to this debate because we care about the Chamber and want to make it work.
In closing, I ask the Minister to try to convince those who have the authority to look carefully at how we can make this House work better. That cannot be done by fiat. It will need a lot of study—the sort to which this House and its membership can substantially contribute. So I hope this debate can be a useful way of starting to look at how we can have a better, more efficient and, inevitably, smaller House.
Lord Campbell-Savours (Lab) [V]
My Lords—[Inaudible]—particularly in the original form proposed by the noble Lord, Lord Balfe. He is to be congratulated on taking this initiative. He has truly captured the spirit of public concern about the granting of honours. A review is desperately needed. The reputation of the House is being grossly undermined and gravely damaged by a slow drip of adverse comment in the media on Lords appointments.
Why do we still grant peerages to donors? Why do we not object on their introduction? They bring the House into constant disrepute. Some treat the House like a sort of London gentlemen’s club, thereby totally undermining our credibility. To be frank, I am heartily sick of it.
We are not being helped by a Prime Minister whose lack of probity in public office has opened Parliament up to ridicule. A year ago, I predicted that he would be gone by mid-2022 and I think we are on course. His conduct has exposed Parliament as a whole to a new period of intense scrutiny. Questions are now being asked about appointment arrangements to the Lords; our disciplinary processes; the role of individuals in Parliament in the handling of legislation; the question of access to and the relationship between parliamentarians and civil servants; and, in particular, the now questionable relationships between some Ministers and commercial lobbyists. We cannot go on like this. The proposed committee could begin a process of restoring our credibility and some public trust.
Baroness Smith of Newnham (LD)
My Lords, I think I heard the noble Lord, Lord Cormack, from a sedentary position, say, “Follow that”. I shall do my best.
We have already heard from the noble Lord, Lord Balfe, that he won the raffle for a debate which Her Majesty’s Government may choose to ignore. As he pointed out, if we are a self-governing House, we ought to be able to set up a committee for ourselves. We also ought to be able to have debates on Questions worded as we choose. I decided that the wording today debate probably allowed us to be a bit flexible.
The Question is about the process for appointing Members of the House of Lords, but the size of this House is a prior question—and one where we did have a committee. When the noble Lord, Lord Fowler, was Lord Speaker, he commissioned a committee, run by the noble Lord, Lord Burns, and there was a commitment to a cap of 600. Now it may be that, if we take away the 200 Peers who, according to the noble Lord, Lord Balfe, do not really do very much, and we take away those on permanent leave of absence, we are below 600.
But there is a real difference between the former Prime Minister, Theresa May, and the current one— she responded to your Lordships’ committee and said that she would exercise restraint. The Conservative Government under her did so, but the current Government have not. In recent months and the last two years, we have had many new appointments. Will the Minister take back to the Prime Minister this House’s objection to the way that patronage is being used? The role of the House of Lords in the 21st century is not and should not be about patronage; it should be about a working legislature.
Lord Farmer (Con)
My Lords, I first thank my noble friend Lord Balfe for his kind words and for initiating this debate. Recent Sunday Times stories about former party treasurers imply that large donors given peerages are inherently unsuited to serve in the House and that this is confirmed when they do not subsequently speak or attend. Wealthy people putting their mouths where their money is bring insight and expertise to this House’s debates and committees.
On the criticism of the quality of service and work done in this House by the Sunday Times, the judgment of a senior EU lawyer whom I met during the bicentenary of the Battle of Waterloo was that the work received in Brussels from the House of Lords was second in quality to no other secondary Chamber in the world. Our gracious monarch strictly enjoins us to attend her Parliament in Westminster to treat and give our counsel upon the arduous, urgent dangers impending upon her realm. This Writ of Summons lays sobering responsibilities upon those who receive it.
Without making excuses, here are some thoughts on why former treasurers may not contribute: the difficulties of investing much time mastering the House’s procedures, of understanding the timetabling and of risking disapprobation when speaking out in relative inexperience. These can be powerful disincentives. My advice to former treasurers is this: you have the money and a great honour has been bestowed on you—you can speak in Parliament—so pay for high-quality help. Do not stint; an experienced advisory team can help you master procedure and time.
Frankly, disapprobation can come to wealthy Members not for what they say but for who they are. Fear of humiliation discourages and silences. Such prejudgment is discourteous, and courtesy is the currency of this House. If we in this House treated all appointees cordially, we would see and hear the best of people and counsel given would be richer and more wide-ranging.
Lord Fowler (CB)
My Lords, I would love to follow up the noble Lord’s points, but time does not really permit. There is something entirely typical about this debate: here we have one of the most important issues facing this House, but it is relegated to a one-hour debate on a Thursday afternoon, with speeches of no more than two minutes. Nevertheless, I congratulate the noble Lord, Lord Balfe, not only on his very good speech but on having the courage, which the Government lack, to raise the issue. The debate has perhaps one advantage: at this time on a Thursday afternoon, no one is paying much attention outside, so we can have an entirely frank discussion without being overheard.
The reputation of this House—we should face this, if nothing else—stands very low in the public esteem at the moment. Attacks and criticism come from all sides. Not all are justified—that is undoubtedly the case—and we should be able to respond to them and argue the case for the House. When I say “we”, I do not just mean we on the Back Benches but Ministers, particularly of this House, who can take the opportunities that the modern media present to them. At the same time, we should also recognise that some of the criticism directed at us is entirely justified. The House is too big. I will not go into this again because I set up a committee, and noble Lords know its result.
Financial donations to political parties should not, by themselves, have any part in entry to the House of Lords. That is my view; we may not always agree on that. We should, self-evidently, rid ourselves of the continuing absurdity of hereditary Peer by-elections. The noble Lord, Lord Balfe, is exactly right in the newly reformed wording of his Question. What we need is an independent committee to review the position. We also need a proper debate in this House to consider the options.
Lord Dubs (Lab)
My Lords, I congratulate the noble Lord, Lord Balfe, on bringing this forward, although I much prefer the original wording he described over the wording that he was allowed to put down. My noble friend Lord Campbell-Savours got something pretty right in what he said, and I very much agree with him. Of course we want a smaller House, but we also want a House that has integrity in the method by which people get here. It is this lack of integrity that surely underlies a lot of the approach we are debating today.
Any appointments system runs the risk of being flawed or being seen to be flawed, if not being corrupt and being seen to be corrupt. That is why I think we need to look again, not at how to have a better appointments system but at how we should get here through a democratic system of elections. Yes, of course we have to maintain the primacy of the House of Commons, but I believe that can be done. We need some form of accountability, which can be achieved by being democratically elected. The key to democracy is accountability to people who would put us here, and we need a system that is neither flawed nor corrupt.
One thing that has puzzled me—I wonder if it is still government policy—is government opposition to any piecemeal reform. I would love to have a longer debate on the merits of piecemeal reform as opposed to revolutionary reform, which is what the Government seem to be saying at the moment—everything in one go. I know that the Lib Dems for a long time under Nick Clegg were very keen that nothing should be done unless everything was reformed, but I believe that the way in which we achieve reforms in this country is by a piecemeal method. We do it bit by bit; we have done it through history, and we should do it again.
Finally, I want to say a word about my noble friend Lord Grocott. There is one reason why I do not want us to change anything: it is because I so enjoy his speeches on his Bill. They are absolutely the wittiest moments of the week or year, and I want them to go on, but that does not mean that I oppose any reform.
Baroness D'Souza (CB)
My Lords, the Government cannot be unaware of the public disquiet about the current mechanisms for appointments to this House and their impact on its reputation. The power of patronage and the freedom to swell the Government Benches in this House is, of course, tightly guarded, but it has to be balanced against the undermining of what authority this House has as an improver of legislation.
Many MPs acknowledge that the Lords can be relied on to scrutinise contentious aspects of legislation. A large majority in the Commons matched by a majority in the Lords is not a basis for effective scrutiny. Scrutiny requires those appointed to be so on the basis of public service, expertise, experience and commitment to attendance and the work of Parliament, and not of financial support for a particular political party. At the very least, it is our responsibility to keep the public informed of our purpose, which is to preserve this House as a proper and at times resolute opposition to legislation that might adversely affect the least advantaged in our society and/or weaken any of the institutions of democracy, including the media, the judiciary and civil society and its freedom to protest. This is our work and our duty.
Finally, I consider the House of Lords—despite its non-elected Members—to be a key instrument of the democratic process because it constantly asks the Government to think again and to reconsider the effects of their decisions. This is best done on the basis of knowledge, willingness to delve into the detail of draft legislation and the merits of the case, often debated at length. Significant donations should not be a criterion for working in this House.
Lord Hannan of Kingsclere (Con)
My Lords, I am afraid that what I am about to say is going to be very unpopular on all sides. I console myself with the thought that I am used to this; I was in the European Parliament as a Eurosceptic. I console myself also with the thought that your Lordships are much more decorous, polite, kind and generous than my former colleagues.
None the less, here goes: I do not believe that it is sustainable for us to have a Chamber of the legislature appointed by the Executive. If this were happening in North Korea or South Sudan we would regard it as absolutely intolerable. The primary function of Parliament —if the other place traces its ancestry back to 1265, I think we can trace ours back to the Great Charter itself in 1215—is to hold the Government to account. That task must be enfeebled if the Executive of the day can nominate one of the two Chambers.
I would like there to be not a revolutionary change, as the noble Lord, Lord Dubs, says, but a considered and serious overhaul. I am afraid that I do not believe that nibbling at the edges makes any difference. I do not think that the view of this Chamber outside is affected by the number of people here; in fact, it was not the point he was trying to make but when my noble friend Lord Balfe quoted the numbers in the Division Lobbies he showed that it was about the right size in practice, if not in theory. Nor do I really think it is about the kinds of people coming in. We all have our own ideas about what kinds of people should not be here. Some might say that there are too many donors, quango-crats, white people or ex-MPs, but no two people will agree on those criteria and, unless we are prepared to go all the way and have some kind of more directly representative or elected Chamber, we are never going to get an answer.
I would like us to look at this properly in the form of a royal commission: a trusty if somewhat staid instrument that can take into account a number of other considerations to do with the balance between devolved and central institutions, the voting system and all the rest of it, and then come to a considered and measured conclusion.
Lord Griffiths of Burry Port (Lab)
My Lords, I suspect that some of us have more agreement with the noble Lord than perhaps he suggested at the beginning. However, I am worried about all the scurrilous references about the dragging through the dirt of this Chamber. I believe that the work we do is of critical importance and I find myself growing increasingly despondent with our situation.
We have heard that the Burns report has been rubbished in recent times, and we can all regret that. For reasons we know only too well—names have been named—the Chamber is rapidly becoming bloated by carelessness and cronyism. No wonder—we cannot doubt it—we attract such negative media attention and will go on doing so.
The overwhelming majority of us were appointed because people had faith in us, thinking that we would give more, impart wisdom and better our laws. The Appointments Commission, if it were on a statutory basis, in the words of the proposal, would I am sure engender trust and achieve improvement. I do not profess to know the intricate workings of our constitution, nor do I see myself as someone with special wisdom on the future of this Chamber, but I believe—in good faith towards each other and towards the British public—that we must not fail with the measures available to us to improve the work of this House.
It matters to me a great deal that I belong to an institution in whose integrity I have total trust. If we fail to keep our own promises that we have made to ourselves then it is only a matter of time before this becomes an irreparable House of corruption. The House of Commons, as we all know, is beset by questions of sleaze. We certainly do not want that to be the case with us as well.
Viscount Waverley (CB)
My Lords, ensuring the reputation of the House of Lords as a component part of the constitution is essential. However, it is right that our contribution should be reviewed periodically to ensure that we continue being a force for good and a resource central to our democracy.
When addressing the Cross Benches as Prime Minister once upon a time, Sir John Major was clear that it should be reform from within and not have reform imposed. He had the integrity of your Lordships’ House in mind. The appointments process, our numbers and how to address that, and the question of hereditary by-elections are the three elements that require the most immediate attention to rescue it from any suggestion of disrepute or irrelevance.
The appointments process should become a creature of the House on a statutory basis, reporting to the House, with all suggestion of patronage removed. A committee made up of no more than six to eight Members, drawn from the main political parties and the Cross Benches, should report to the House with the recommendations of the Prime Minister of the day that reflect party election results, with the monarch’s final approval. Applicants could come through the process as now.
Whatever emerges on this, nothing other than fully fledged support and a fair wind for the re-re-rerun of the Private Member’s Bill of the noble Lord, Lord Grocott, will do, and that is before we reduce our numbers—if necessary in a draconian cull—or the House will have to be redrawn from scratch. I add in conclusion only that there is a key role for the communications unit in better explaining the positive elements of our contribution in this place.
Baroness Jones of Moulsecoomb (GP)
There is so much wrong with this House that sometimes it is hard to know where to start, so I am very grateful to the noble Lord, Lord Balfe, for giving us a starting point, which is membership. Of course, the current system is not just not democratic but anti-democratic, and I am afraid we have to sweep away the hereditaries and, forgive me, the Bishops. It is totally inappropriate in the 21st century that we have positions held for those groups.
Personally, I want a peaceful revolution. This House should be elected, but not under first past the post, and it should be completely representative of society in Britain. That would include, of course, having a selection of Cross-Benchers: there would be a section of the vote that allowed Cross-Benchers to come in, with all their expertise in all the areas they currently fulfil. It would probably be a good idea to put in a maximum amount of time for Members—say, 10 years—and then we would have an election of half the Members every five years. In that way we would get fresh blood, but also the expertise and the continuity. I was voted into this House by the Green Party by one member, one vote. I take a bit of pride in that, because our party thinks about democracy and practices what it preaches.
One other problem I have—there are so many problems—is that so many Members of your Lordships’ House are actually trying to push us back into the 18th century with these late starts and late nights. It is no way to run a country and we should be fighting it all the time.
I close by saying that this House, strangely, does work. We are the opposition to the Government and, however much it infuriates me, I am also proud to be a Member here. Finally, I would just like to say that the words of the noble Lords, Lord Hannan and Lord Balfe, show that you cannot trust the Conservatives to be complete bastards all the time.
Lord Grocott (Lab)
My Lords, I will not even try to follow that. In two minutes, there is virtually nothing one can say; no great points can be made and I am certainly not going to enter a discussion of wholesale reform of the Lords, although we should by all means have a proper debate on that.
I want to restrict myself to just three conditions that would be required for any new statutory appointments commission to function in an acceptable way. The first has already been mentioned several times, and is the size of the House. An appointments commission must have a structure in terms of how many appointments it can make, and 600 should be the maximum.
The second condition addresses itself to the question of this being a working Chamber. For people appointed to the House, we still have not resolved the issue of whether getting a peerage is an honour or a job. To me, it has always been a job. It is, of course, an honour as well, but the prime function is to come here and work.
We talk about ourselves being a working House. We are a very effective working House in the scrutiny of legislation, which is detailed and hard work, but a working House needs workers. It is difficult to find an easy solution, but any Appointments Commission would need at the very least to have a written public undertaking from anyone appointed that they would give the time and energy required to being a proper Member of a working second Chamber. There also needs to be a mechanism whereby, for those not fulfilling that responsibility, the commission would have the power to state that that was the case, and some action could be taken.
Finally, I want to thank the three Peers, the noble Lords, Lord Fowler and Lord Dubs, and the noble Viscount, Lord Waverley, who have mentioned the absurdity of the hereditary by-election. Hereditary Peers are not vetted by the House; they are not vetted for propriety and at the very least that should happen. Of course, the best thing would be to get rid of it completely. Sooner or later, the noble Lord, Lord True, despite the long history of his position on this, must realise that he is playing King Canute by refusing to move on the absurd system of hereditary by-elections.
Baroness Hayman (CB)
My Lords, the noble Lord, Lord Farmer, was absolutely right when he said that the work of this House creates great respect both internationally and nationally. But that respect for the work of the House is undermined by the lack of respect for the three areas that I think the noble Lord, Lord Grocott, spoke about: the size of the House; the method by which people are appointed and the lack of scrutiny by the Appointments Commission on political appointments; and the nonsense of the hereditary Peers by-elections.
I know the noble Lord, Lord Hannan, does not agree with any of that, but I suspect that if I looked to my two successors as Speakers of this House—we spent time speaking to the public, hearing, monitoring, and having surveys done on how the House is respected—they would agree with me that those undermine respect for this House. That matters, because respect for this House is part of respect for Parliament. That respect for Parliament is a cornerstone of our democracy and one that we should not take for granted today, or at any other time.
That is why I put my suggestions to the notional committee of the noble Lord, Lord Balfe, which, echoing others, are: divorce the honour of a peerage from working in Parliament, reduce the size of the House, get rid of the by-elections; and give us an effective statutory Appointments Commission.
Lord Cormack (Con)
My Lords, having given notice, I rise to speak briefly in the gap. I declare my interest as the founder and chairman of the Campaign for an Effective Second Chamber, which believes strongly in an appointed House but believes it should be appointed in a different way. It believes entirely in a statutory Appointments Commission.
I believe that numbers could and should be cut down immediately; anyone who has failed to attend 20% of the time within the previous year should be asked to hang up his gloves. Anyone who has taken leave of absence, other than for serious health reasons, for more than 18 months should forfeit membership. That would be a good way of starting; incremental reform is the best way of doing it. We do not want another list from the Prime Minister of 20, 30 or 40 names, which I believe is being threatened at the moment. It is absolutely essential, because we are part of Parliament, that we have a ceiling on our numbers, a rationing of our numbers and a supervision of the way in which people come here. If the statutory Appointments Commission says no, then that should be it.
This is Parliament, as the noble Baroness, Lady Hayman, has just said, and we are an integral part of it. We do not challenge the supremacy of the other House because we are not elected, and we have virtually 25% of our Members Cross-Benchers because we are not elected. There is much we can do to improve, but there is much we can treasure and be proud of.
Lord Brooke of Alverthorpe (Lab)
My Lords, I am grateful to the House for the opportunity to intervene in the gap, and I apologise for not putting my name down. I have two points.
First, we have great power, and we are not exercising all the power that we have. If the Government choose to ignore the recommendations made by the Appointments Commission, all of us of like mind should come together and take it into our hands to have a petition against what the Government are doing. If that fails to move them, we should petition the Queen that she should not issue Writs to people who are appointed against the wishes of the Appointments Commission. I would value the Minister’s comments on that before we move to such a position.
Secondly, I take a different line from the noble Lord, Lord Cormack, on the House and how we come to be here. I have been here nearly 25 years. I was a union official and was appointed in the first instance as a union official. Mrs Thatcher changed the rules and I then became an elected official. I had to stand in front of my membership, and I was better for being accountable in that way. The great weakness of this House is that it is not accountable. While-ever it continues like that, particularly in modern society where people are able to communicate in a quite different way, we will come under more and more criticism. We need to look afresh. We need Cross-Benchers; we need people appointed too, but we need an element of accountability, which presently is missing. I appeal to the House, now that we are coming back together again, to take the powers that we have and take control of our future for the work we should be doing for the constitution of the country.
Lord Wallace of Saltaire (LD)
My Lords, we are of course dealing with another aspect of the royal prerogative, to which we will return when the Dissolution and recall Bill finally hits this House. The prerogative after all is there on the basis of the assumption and the conventions of our constitution that Prime Ministers will always act with restraint. We now have a Prime Minister who does not understand what restraint is, so we are in some difficulty.
I agreed strongly with the noble Lord, Lord Hannan; I hope it does not upset him too much. I remind him that his party’s manifesto in 2019 proposed a constitutional commission as one of the many promises that the Prime Minister has broken. No doubt, the noble Lord, Lord True, if asked, would say, “Well, it was a good idea not to follow that bit”, but I think it was a huge mistake.
We are a valuable second Chamber. One of our newest Members said to me the other day, “I had not realised till I got here that most of the scrutiny of government legislation goes on in the House of Lords.” That is the valuable job we do; it is why we need a second Chamber. Piecemeal reform may be the only way forward, so let us consider what piecemeal reform the Government might accept.
I hope that the Minister will say that the Government are considering seriously the CSPL’s proposal that the Appointments Commission should be on a statutory basis. That is the least the Minister might give. The Government should consider separation of appointments and honours—perhaps we should all be called senators, or whatever, instead. Term limits and age limits are due to come in. I recognise that that would mean that I would be going almost immediately—I have been here 25 years and have just passed my 80th birthday, which is what I believe our learned Lords call the statutory age of senility, so that is it.
I am in favour of much more radical reform. I would like us at the very least to be indirectly elected, and a second Chamber in our multinational state should reflect its nations and regions. That is where I want to get to, but let us at least push a little further in that direction by piecemeal means.
Lord Collins of Highbury (Lab)
My Lords, I want to pick up a point raised by the noble Baroness, Lady Smith. I think there is a prior question to this debate. For me, it is about the purpose and value of a second Chamber. Most past efforts of major Lords reform have failed because they did not properly address the supremacy of the elected House of Commons or the impact on the Government’s mandate from the electorate.
The key role of your Lordships’ House is to scrutinise and revise legislation, as is so ably evidenced by our work on recent Bills, particularly the Environment Bill. I agree with the noble Baroness, Lady Hayman, that such work is undermined by concerns about the size of the House and the way people get here. We need restraint and effective scrutiny on political appointments and an end to hereditary Peer by-elections.
I do not have much time, but let me say that I agree with my noble friend Lord Grocott’s suggestions on the terms and remit of an appointments commission. We need a more effective commission, especially after recent events. I do not accept that we cannot make any reforms unless we have big bang reform. After all, our democracy in this country was established by such means. As my noble friend Lord Dubs said, a step-by-step approach enables us to address the urgent concerns expressed in this debate. They are positive steps toward greater reform, hopefully through a constitutional convention that represents all parties.
The Minister of State, Cabinet Office (Lord True) (Con)
My Lords, I am grateful to the noble Lord, Lord Balfe, for securing this short debate. It has been a very interesting debate, as it always is when your Lordships apply their wisdom to anything. As far as the form of the Question is concerned, there are other modes of putting Motions before the House, but that is outwith the Government’s responsibility. I will address the Question that has been put before the House.
In opening, I confess to being a Tory. I was glad to learn that I cannot be a complete bastard all the time. I am not sure whether that meant that I am a complete bastard some of the time or a partial bastard all the time, but I will be a little bit of what the noble Baroness, Lady Jones, might not like by reminding her that, although I disagreed with her vehemently, I appreciated her humour. However, she said that we are a House of opposition. That is not what this House is; it is a House of revision and challenge, as the noble Lord on the Front Bench opposite rightly said—but this is not a House of systemic opposition.
The reasons for that were alluded to by several noble Lords who spoke, ignoring the wording of the Motion, on reviewing the process for appointing Members. The noble Lords, Lord Dubs, Lord Brooke, Lord Wallace and Lord Collins, my noble friend Lord Hannan and the noble Baroness, Lady Jones, alluded to the point that there are people out there who do not think that every fault in this House lies in appointment. Some people outside believe that this House might be constituted in a different way, as has been the aspiration of the Liberal Democrat Party for a long time—since 1911, in fact. An attempt was made to secure that in 2012; we know the history there.
The fundamental thing I want to say is that so many who have spoken have expressed their concern and love for this House. I believe that we as a House should be more confident, collectively. Let us not be a browbeaten by an article here or something that is said there. Those of us who are here and do the workaday work of this House know the value of that work and the immense contribution made by Members of your Lordships’ House. I believe that we should have more confidence in ourselves, rather than always listening to the criticisms that come. Actually, some of those criticisms are not as well-founded, as some noble Lords have said today.
This House has a key role in scrutinising the Executive and acting as a revising Chamber. I think that it does that well. When colleagues ask what it is like to speak in Parliament, apart from saying that having the honour of addressing this Parliament is one of the greatest privileges anybody could ever conceive, I say that no one who comes to this Parliament—and this House specifically—should ever come here and stand at this Dispatch Box without a sense of trepidation because of the challenge, intelligence and wisdom that they must face. Let us be confident in what we do.
With the system that is the settled system in this House, new Members are essential to keep the expertise and outlook of the House of Lords fresh. That has been the case for a long time. Constitutionally and legally, it is for the Prime Minister to make recommendations to the sovereign on new peerages. This remains the case. Again, I heard the point made by the noble Baroness, Lady Hayman, on the nature of appointments; I have heard it on other occasions. However, I am afraid that I can say nothing or offer any consolation on that point at this moment.
It would be helpful to remind ourselves of the current arrangements for appointing Peers. The Prime Minister has the sole power of recommending nominations to Her Majesty the Queen for those to be appointed life peerages. The House of Lords Appointments Commission offers the Prime Minister probity advice and can and does make recommendations to the Prime Minister concerning Cross-Bench appointments. The commission has two core functions, which I believe it performs well. The first is to make those recommendations for the appointment of non-party political Members. Since its creation, the commission has recommended a total of 72 individuals for appointments to this House, and I believe that the House has been greatly improved by their presence. I agree with those who referred today to the importance of the Cross-Bench presence here. Secondly, of course, the commission vets nominations to this House on propriety and advises the Prime Minister. This includes nominations put forward by the Prime Minister and the political parties.
“Propriety” in this context is defined as meaning, first, that the individual should be in good standing in the community in general and with the public regulatory authorities in particular, and, secondly, that the past conduct of the nominee would not reasonably be regarded as bringing the House of Lords into disrepute. A check on a nominee’s propriety will include checking with relevant government departments and agencies and other organisations, including the Electoral Commission. The Appointments Commission also conducts media searches. Once all the evidence has been considered, the commission will either advise the Prime Minister that it has no concerns about the appointment or will draw concerns to the Prime Minister’s attention. But it does not have the power to veto the appointment of Members to the House of Lords for the constitutional reason—which we have often discussed —that it is ultimately the responsibility of the sovereign’s principal adviser to make recommendations and be accountable for them.
I recognise that noble Lords have been interested in these arrangements in the context of recent appointments to the House. Again, here I think one should not be stampeded by comment in the media, nor do I think that we win collectively by throwing stones at each other. We all have houses which have windows in them.
Various proposals have been suggested to reform the present system, including placing the commission on a statutory footing. My noble friend Lord Norton of Louth has presented a Private Member’s Bill, which I believe will give us the opportunity to discuss that issue, if and when it comes forward. I note the contributions of those noble Lords—including the noble Baroness, Lady Hayman—who clearly and consistently make the case for the commission to be on a statutory basis. The commission is there to nominate and recommend non-party political appointments and advise on propriety. We believe that it carries out this role effectively as it is currently constituted. The fact that Members of this House are appointed from a wide range of backgrounds is testament to this, and it will continue to advise on appointments in the same way as it does now.
While the commission’s role is advisory, the Prime Minister continues to place great weight on its careful and considered advice. However, as in many areas, elected Ministers may from time to time take a different view to official advice on balancing the competing issues. More widely, as the Government set out in our manifesto, we are committed to looking at the role of the Lords, but I regret to upset some by repeating our position that any reform needs careful consideration and should not be brought forward piecemeal.
The noble Lord, Lord Campbell-Savours, and others were critical of the role of people in this House who have given money to political parties. Let us not beat about the bush: it is not only the Conservative Party that raises money from private individuals. Peerages reflect long-standing contributions to civic life and a willingness further to contribute to public life as a legislator in the second Chamber. I agree with those who say that participation is desirable but not that those who are not here every day do not make a contribution. Great contributions are often made by those who come occasionally.
I disagree with my noble friend Lord Fowler’s implication. The criticism that individuals are ennobled just because they have also chosen to support or donate to a political party is not right. I will read carefully in Hansard what he said, but I hope he was not saying that no one who supports a political party financially should sit in your Lordships’ House. Donations should be transparent, but that is not an excuse to knock people for broader philanthropy, enterprise and public service, as my noble friend Lord Farmer pointed out.
Lord Fowler (CB)
The Minister mentioned me. I said it should not be the formative reason why someone is appointed to this House. Making a political donation should not be an automatic passport into the House of Lords. That is the—I think for most people unexceptionable —proposal that I made.
Lord True (Con)
I am surprised by my noble friend’s phrase, “an automatic passport”. If one looks at the record of people who have come in under the rubric he cited, including a noble Lord who is often mentioned here, one will find that they have made extraordinary and large-scale philanthropic contributions to society. One needs to see an individual in the whole and a House in the round.
Volunteering and supporting a political party are part of our civic democracy. Political parties are part of public service. In Britain, taxpayers do not have to bankroll political parties’ campaigning. Political parties have to raise money themselves and follow transparency and compliance rules that are laid out in law. Those who oppose fundraising need to explain how much they want taxpayers to pay for state funding instead.
I must conclude. In time, we will have an opportunity to discuss the favourite topic of my noble friend, as I like to call him, the noble Lord, Lord Grocott. On 3 December there is a debate on the issue that he and others have put before the House in relation to hereditary Peers.
In conclusion, I repeat that the constitutional position in this country is that the Prime Minister is responsible for advising Her Majesty on appointments to the House. The Government do not see the case for changing this. The Prime Minister is ultimately responsible to Parliament and the people for nominations he makes to the House and how he conducts that work. The Government do not plan to establish a committee—
Baroness McIntosh of Hudnall (Lab)
We have maybe a couple of minutes in hand before the hour is up, and the Minister is apparently about to sit down. Will he please explain his reference to piecemeal reform as being not desirable? This House has been reformed—or adjusted, anyway—many times in its history, sometimes substantially but always in a piecemeal way. That is how it has progressed. Can he explain to the House what it is about this moment in the history of the House of Lords, and our politics more generally, that makes it not desirable for piecemeal reform to be engaged in?
Lord True (Con)
My Lords, the House of Lords has sometimes had relatively small changes and sometimes relatively substantial changes. In the 16th century, King Henry VIII slung out most of the great abbots who used to sit on those Benches over there. I guess the Bishops may go soon, if the noble Baroness opposite has her way and the Green Party comes into office, as it has in Scotland; I do not hope too much for that. In 1999 there was a massive change. Since then we have had a few changes, but I go back to my original position: the House is presently operating well and effectively. I believe we should stop criticising and lacerating ourselves and concentrate on the good work we do.
There will come a time when the great question will be asked: how, in the long term, should this House be constituted? That was implicit in the remarks made from the Front Benches opposite, but for now, the Government do not support or propose further piecemeal change, so we do not plan to establish a committee to explore further the process for appointing Peers. I must disappoint my noble friend, but I am grateful to him and all who spoke in a most interesting debate on the Question today.
Initial Teacher Training
(2 years, 5 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness Donaghy
That this House takes note of Her Majesty’s Government’s policy on Initial Teacher Training, including (1) the recruitment of new teachers, and (2) the role of universities and other bodies, in ensuring the supply and education of new teachers.
Baroness Donaghy (Lab)
My Lords, it is a pleasure to move the debate on such an important subject, which attracts too little attention but which affects our children in so many ways: the quality of teaching, the well-being of teachers and the future supply of the right teachers in the right places.
This subject has so many aspects that I do not have time to cover some important areas: what should be added to or subtracted from a teacher’s workload; the pay and working conditions of teachers; the financial discrimination against state schools; and the squeezing out of creative subjects. Noting the vast experience of noble Lords who are taking part in the debate, I feel sure that these matters will be covered.
I have three reasons for maintaining an interest in initial teacher training. First, I was a teaching assistant in a primary school before going to university. It was a good experience for me; I am not so sure about the pupils. It helped me to decide that teaching was not for me. Secondly, I worked at the National Union of Teachers for a year immediately after university, supporting the great Fred Jarvis, who was publicity officer at the time and subsequently became general secretary of the NUT, so I am a fan of teachers. Thirdly, I worked at the University of London Institute of Education for 33 years as an administrator, and I have a university pension. It made me feel passionate about the university connection with teacher education and training—as passionately as some in No. 10 appear to be against.
The past 10 years have seen sweeping changes to initial teacher education and training, and I believe the system is confusing, wasteful and bureaucratic. It is trying to delineate teaching as a tightly drawn craft, rather than a profession, increasing the pressure on teachers without recognition or rewards, and risking teacher supply to the extent that I accuse the Government of irresponsibility.
I accept that successive Governments have often got it wrong. The policy objectives of short-term-thinking Governments often directly clash with the longer term requirements of ensuring teacher supply. I saw at first hand the closure and merger of scores of teacher training institutions, not necessarily because of quality but because a Government leaving office failed to bite the bullet; or because the department got its numbers wrong, or was correct but failed to convince the Government. One institution was told that it was closing on the day of its opening ceremony.
I acknowledge that this is a jargon-bound field of expertise with a nightmarish mountain of acronyms. Its obscurity means it receives little public attention and inadequate scrutiny in Parliament. I hope the Minister will not think that I am claiming solutions that are simple. I do say that it does no credit to any Government to set up the so-called market review in secret, only revealed in answer to a Parliamentary Question, or to have a consultation period over the summer vacation, or to take such irresponsible risks with teacher supply that 35 universities, accounting for 10,000 teacher training places, have threatened to withdraw from teacher training if some compromise to current thinking cannot be found.
DfE is making reassuring noises but we do not know who is actually going to win the ideological battle involving a highly centralised curriculum, where academic content is tightly controlled and every institution is forced to reapply for accreditation, or whether some compromise can be reached and a more realistic timetable agreed. Teachers are more than executive technicians, and the Government should acknowledge this in practice.
On Tuesday this week, the Minister, in answer to a question about freedom of speech in universities, said:
“The Government are clear that any restriction of lawful speech and academic freedom goes against the fundamental principles of English higher education.”—[Official Report, 16/11/21; col. 154.]
Let us hope that the “fundamental principles” also apply to university teacher education institutions.
One university provider told me that the Government
“want control of our work, the curriculum, partnership and mentoring.”
The proposals
“would fundamentally change the nature of partnership. It would be more hierarchical and would limit the role of school-led policy which is the opposite of what the Government said it wanted.”
Many said that the early career framework had caused huge disruption, and while it was now settling down, schools have no further resources for mentoring and had to face the Covid pandemic at the same time. Schools did not have to be involved in teacher education, and it was increasingly difficult to find school placements.
On the subject of the early career framework, in answer to a question on 3 November from my noble friend Lord Hanworth, on teacher retention, the Minister said that the framework had
“been warmly welcomed by teachers, head teachers, unions.”—[Official Report, 3/11/21; col. 1209.]
When extra funds are being doled out and they are the only game in town, one has to be cautious about the phrase “warmly welcomed”, in my view.
Until recently, student teachers responded well to their training experience. Ofsted figures showed a between 81% and 96% positive experience. Since the new Ofsted framework in May 2021, inspections have been much less positive, with 50% “requiring improvement” or “inadequate”. Former inspectors have expressed concern about the way these inspections have been carried out, with a belligerent or antagonistic approach by inspectors being reported, along with a failure to take account of the pressures experienced by providers in schools due to Covid, and a lack of understanding of the regulatory requirements that initial teacher training is subject to. Ofsted has admitted to being unable to substantiate the negative claims about ITE.
The proposed reaccreditation process is a bureaucratic, costly and unnecessary exercise which will lead to no improvement in teacher education and training. It is seen as a back-door method of weeding out the smaller SCITTs—school-centred initial teacher training—and pushing through a prescriptive curriculum on to ITE providers. Oxford University said it was
“deeply concerned about the academic integrity”
of the proposal. The UCL Institute of Education said that the Government’s review
“presents teaching as general, easily replicated sequences of activities, based in a limited and set evidence base.”
Cambridge University has said it would pull out of the PGCE if the reforms were implemented because it would find delivering high-quality education “deeply compromised.”
The irony is that these institutions could decide not to be reaccredited. Thanks to Mr Gove and his able assistant Mr Cummings, 10 years ago qualified teacher status was separated to allow untrained and unqualified people to teach minority subjects in schools. A prestigious university could continue to offer the PGCE without qualified teacher status and still be certain of buoyant applications, particularly from the overseas market, and people could still teach in academies, free schools and the private sector. It is a naive question, I know, but why do these prescriptive proposals not apply to academies, free schools and private schools if they are so brilliant?
It is claimed that reforms to the ITE market structures will be needed to deliver the programme content and structure proposals, yet there is no evidence for this. New requirements on content and structures could be delivered by amending the Secretary of State’s requirement for ITE. This would avoid the costly and complicated proposed reaccreditation process, increased costs to the provider and the risk to teacher supply.
Any significant reduction in the number of accredited ITE providers would damage teacher supply. Many prospective teachers choose for family and financial reasons to attend an institution closer to home. Some wish to train at the university from which they graduated in their first degree. Some will choose an institution because of its reputation for research and pedagogical expertise. Other might prefer a SCITT provider focused on providing teachers for a particular local community.
Effective markets depend on choice and the market review acknowledges that it is already difficult for providers to secure sufficient placements, particularly in some key subjects such as physics and modern foreign languages. If schools are so stretched that they cannot accept placements, this in turn affects recruitment and is an artificial cap on numbers. It might be unintended, but that is the practical effect.
In 2016-17, the Government introduced recruitment controls to force the pace of change. They put a separate cap on universities’ share of places in order to favour the SCITTs and school-based programmes—ironically, the very areas that now feel most under the cosh. Universities had to stop recruiting before national targets were reached. The result of this half-baked experiment was disastrous. University recruitment was buoyant and SCITTs and school-based programmes could not deliver. There was a teacher recruitment crisis and the Government had to do a complete U-turn and ask universities to increase their numbers.
Partnership between schools and initial teaching training institutions works because relationships have been built up and developed over a number of years. Schools will be reluctant to build new relationships if this means having less ownership and control of the content and delivery of ITE. References to “school-led provision” are being overtaken now by the new “school-based” descriptor. Schools would have to enter into a more formalised, quasi-contractual relationship, which sits oddly with the Ofsted inspection framework about partnership being co-constructed and based on shared leadership.
I am grateful to the higher education institutions which have shared their thoughts with me, and particularly grateful to the Universities’ Council for the Education of Teachers—UCET—for its briefing.
In conclusion, I am looking for more than warm words from the Minister. Higher education institutions want a transparent and honest system that avoids duplication and extra cost, and a realistic assessment of what schools can offer in placements and mentoring, given their current resources. They are looking for compromise and genuine partnership with schools, not some quasi-judicial centralist system that threatens academic freedom and crushes innovation. I hope the Minister is able to agree to these aspirations and I very much look forward to the contributions to the debate.
Lord Addington (LD)
My Lords, when talking about teacher training, I am always struck by the fact that schools and the teachers in them are often seen as the answer to all of the world’s problems. I cannot think of a single issue in society for which it has not been suggested, “Oh, put it in the curriculum. Teach it at schools”. This includes everything from household management, various forms of sexual health, sporting activity and manners—bits of society say, “Dump it on the teachers. They’ll take care of it”. We ask a lot of our teaching establishment. However, we ask them for one primary thing: the ability to learn, starting at school but carrying on throughout life, so that people can be trained and educated to give society the raw materials that it needs. This is a big ask.
The noble Baroness has brought forward a very timely debate for the simple reason that, at the moment, we seem to be in a very odd place. We have the idea that you should be trained within a school or classrooms primarily, but you should have some back-up at universities. But both will deliver this—and some can and some cannot, some work and some do not and we do not like what is going on. In the end, I am basically somewhat confused. I am not quite sure exactly what the Government want out of this—possibly changes and different suppliers.
My specifics on this—this will surprise absolutely no one in this debate—will be special educational needs. I must declare my interests: I am dyslexic and I am president of the British Dyslexia Association and chairman of an assistive tech company with origins in educational support. When I look through the problems that the teaching profession faces, I see that one of the biggest is that about 20% to 25% of the pupils whom they are teaching do not learn in a conventional manner. Dyslexia is the biggest group and the one that I belong to, but it ain’t the only show in town, and we have a nasty habit of having our troubles come not once but in numbers, or co-occurring—I think that “comorbidity” is the correct term, but it sounds like you are dying twice.
If someone with attention deficit disorder and dyslexia is placed in a conventional classroom, they are more difficult to teach. The teacher who has to deal with this has a different set of problems from those that they would confront in other pupils, and that is not the only combination that is available: there is the entire neuro- diverse community, autism, dyspraxia and dyscalculia, although we do not officially recognise that one—dyslexia with numbers is the way that it is always described to me by people—all of which will present problems to the teacher.
If the teacher gets it wrong, the pupil usually reacts in one of two ways. First—this is the easiest one to deal with—they try to disappear into the middle of the classroom. I heard a wonderful description of how a girl with attention deficit disorder usually hides, develops tics—playing with hair et cetera—and disappears in the background. But boys with dyslexia or attention deficit disorder tend to be the ones who disrupt the classroom because, if you are doing so, no one will teach you anything and you are not exposed as failing. Telling that child who has to get through the next two hours that their future, in 10 years’ time, will be blighted if they do not work properly does not work. Would it work for any of us?
How do we train people to get through? How do we make sure that the teacher’s day and the pupil’s day are bearable? We give them about two days or a day in the course of their training to deal with these massive, diverse problems, where the academics in the field—certainly in the last meeting I went to—use words that I have never heard, having dealt with this subject for over 30 years.
This is a difficult field. Unless one trains people properly, they cannot reach those groups. They have problems in the classroom that can result in failure. Remember what failure means in the current academic system: if one does not get the right number of people getting the right number of GCSEs, one will lose one’s status, and so on. That pressure is constantly being piled up.
Also, there is a case for taking the budget out of the mainstream to deal with this issue. It is about £6,000. Why do we not invest at least some of that money in making sure that people have better training? That will mean that school staff are trained within the system to be able to deal with issues next time, too. The training is not for the individual pupil but for the staff, and it should make sure that a normal teacher undergoes good awareness programmes whereby they can at least recognise most of the problems. There should be a day’s or two days’ training on four or five of the most commonly occurring conditions. That would take an enormous load off.
Then there should be investment in people who can back up and help those staff—two or three experts higher up in the school. That is not a big ask in a school of, say, 1,000 people. If that is done within the profession, the skills will be kept for the duration of the working lives of those staff. The skills will follow them around and can be redeployed and built on.
My noble friend Lord Storey has pulled me up—it is always annoying when an expert is on hand to correct you—saying that the issue is not that simple because, although courses do not cost that much, one has to take time out to train the staff. However, such training can be done and would still be cheaper and easier than what we are doing now. We have a huge problem of people fighting to get through the education and healthcare plans. They are expensive and usually kick in only once someone has failed. If we intervene correctly, we will be able to do more.
Lastly, let us have a look at the teaching of English. It has now been announced that systematic synthetic phonics is the right way in which to teach someone. It is reckoned that 25% of the school population does not learn well from that method. We are telling someone that this is the right way in which to teach when we know that it does not reach some groups. Should we provide more of the same if we do not have the expertise? Anywhere else would regard using the same method over and again as the definition of madness, but that is apparently not the case in education.
Baroness Morris of Yardley (Lab)
My Lords, first, I thank and congratulate my noble friend Lady Donaghy on bringing forward this debate. It is a big issue and the changes that the Government are proposing are worthy of more debate and consideration than they have given us the opportunity of in this House and the other place. This is an important debate.
Nothing in education is as important as teacher training and retention. If one does not have good-quality teachers teaching effectively, none of one’s other aims, ambitions and aspirations gets anywhere. This issue is crucial. The Government are right to look at how we can improve teacher training. It is not perfect and I would not stand here and argue that everything that has happened in the past should be maintained. I also agree with the point that they put forward that we ought to move to evidence-based practice. I am a great admirer of the Education Endowment Foundation; I count myself as one of its biggest supporters.
I am therefore with the Government on looking at the issue. However, I have significant concerns and criticisms of how they have handled it and where we are now. Essentially, this is a fragile system. I cannot think of any other of the great professions—teaching is a great profession—that has to train its practitioners in 38 weeks, 28 of which must be in a school. In any other profession that one cares to look at, training takes more than a year—perhaps four, five or six years. Teaching has to do it in 38 weeks and that makes the system fragile. At the core of this issue is the partnership between higher education institutions and schools. Both are essential.
My biggest concern is that the Government have managed, throughout this set of reforms and their previous announcements over the last few years, to give the impression that higher education does not have a significant contribution to make to the training of teachers. Both are important. Schools are crucial—students must be in schools to learn from best practice, to practise and hone their skills and to be familiar with working with children—but they also need experience of higher education. Teaching is not a technical job; it is a craft, in a way, but it is also more than that. Like any other profession, it has a history and an intellectual and academic background. Where we have got to now and how we got here due to the changes that happened in the past are crucial questions if you are going to be an effective teacher and take us forward.
The biggest problem with the plans put forward by the Government is that they give the impression that we need to train student teachers in what the evidence says is effective pedagogy at this moment in time. There is one promise you can make: that evidence will not be the same in 10 years’, five years’ or even one year’s time. Students should know what is best practice now and should be trained and educated in what pedagogical practice is proven to work, but they also have to have the background, skills and attitudes so that they can critique it and know where those ideas have come from, because they are the people who will develop the next best practice in pedagogy. Their research, their ability to evaluate their own practice and their understanding of how we got here and how we need to move forward require a set of skills that go beyond craft training. I do not object to students learning what evidence shows is good pedagogy at the moment—I am a great believer that pedagogy is all-important—but to bring through a generation of teachers who do not have that wider intellectual and economic academic underpinning to take us forward to the next stage of development is very remiss.
If we have learned one thing from the pandemic, it is that the context in which children live and learn has an impact on how well they do. Everyone knows now that the children’s social and home background affects the way that they learn, their emotional well-being determines how well they will do at school, and their psychological state of being has an influence on how effective teachers can be with them. All that learning about those academic disciplines must be part of teacher training.
Something else that universities can offer are links with other university departments. How good would it be if departments of universities that look at health, sociology or psychology could input into teacher training? I am not saying that that is more important than learning in the classroom, nor that it should be instead of learning about how to keep order in a classroom, but I am saying that for any teacher to be a full professional they must do both. When I look at the Government’s proposals, I cannot see that there is any valuing of those things that I think universities can do more effectively than schools.
We have to remember that these two key partners in educating students to be teachers could both drop out and we could not do anything about it. Schools do not have to train teachers; it is not part of their core business, in a way, and they could decide that they have other priorities. Universities do not have to offer PGCE programmes and could choose to make more money by offering courses of a different nature. The most worrying aspect is that these reforms have brought about a risk regarding the future involvement of both parties. First, for schools, capacity, recovering from the pandemic, helping children to catch up and all that they have to do in terms of providing mentors and getting the early-years framework off the ground could lead to too many of them saying, “We’ve got enough on our plate. We’re not going to do the teacher training bit.”
Secondly, universities and higher education are feeling undervalued. Some of this nation’s greatest universities are about to drop out of teacher training because they do not feel that their interests are valued or that the way they want to do things is acknowledged by the Government. They are not going to offer a course that has so little flexibility for them that they feel they are betraying the way that they approach education—and none of those people actually make much money out of teacher training.
I share the Minister’s and the Government’s ambition to get this right and to do better, but this approach is not perfect and there are real risks. I invite a more open approach with the partners—before we have gone too far and lost too much.
The Earl of Clancarty (CB)
My Lords, I am grateful to the noble Baroness, Lady Donaghy, for securing this important and timely debate. I agree with the concerns she expressed regarding the current proposals.
I will make a few general observations, followed by comments on how these proposals might practically affect the teaching of creative subjects. I declare an interest as a vice-chair of the All-Party Groups for Art, Craft and Design in Education and for Music Education. I am grateful to the National Society for Education in Art and Design and the Incorporated Society of Musicians for their briefings for this debate.
The first, and perhaps central, point I want to make is that any changes to teacher recruitment and education ought to be viewed through the lens of the individual subjects that make up the curriculum; in other words, such changes should be subject-led. This is important because the objective of such change, if change is necessary, should be to maximise the best way or ways possible to teach each one of these subjects, so that the result is higher-quality teaching of and greater access to each subject for pupils. Crucially, this also means having a sufficient number of specialist teachers where required, and specialist knowledge and practice, which is ever-changing and ever-developing.
An educational ecosystem that allows a deepening of a subject’s understanding for teaching will necessarily accommodate influence from outside school; good influence always comes from the outside. Ultimately, schools cannot feed on themselves to nurture and nourish good teaching. The end result would inevitably be the stultifying of school education.
The current ecosystem in which university involvement is an integral part of teacher recruitment and education is therefore both beneficial and necessary, not least because such teaching will bring with it a critical vision which will be communicated to students and replenish the school. Indeed, what the Government refer to as “consistently high quality training” should be directly geared to these goals. This is clearly not the case with the current government proposals. As the Incorporated Society of Musicians put it:
“The substance of the proposals are largely generic, rather than subject specific, focusing too much on the mechanics of ITT, rather than on the substance of the learning that should take place. We are concerned that this threatens to undermine the level of subject specialism trainees will develop”.
It is clear there are concerns that these proposals threaten the quality of teaching and access to a wide range of subjects, from the sciences to humanities—my noble friend Lady Coussins will talk about languages—as well as the arts. Schools and arts teachers play a crucial role in supplying the pipeline of creative talent to a creative industries sector worth over £116 billion to the UK economy. The withdrawal of 30 or more providers would mean a loss of around 10,000 teacher training places, as the noble Baroness, Lady Donaghy, pointed out, which the new institute of teaching, with its 1,000 new places, would not make up.
The inevitable shortage would impact heavily on arts subjects in schools, which are already disadvantaged through the EBacc. On top of that, there is the effect of the pandemic, which has further deprioritised arts subjects in favour of EBacc subjects. This comes at a time when the effect of the pandemic on the creative industries has made the protection and development of the pipeline even more crucial. The Government must ensure that providers and teaching places are not lost.
A particular concern is that, under these proposals, trainees may not have sufficient time to focus on the teaching of arts subjects. Intensive practice placements could mean that teachers do not experience any arts teaching during their placements, since some arts subjects, such as music, are often taught on a rota basis. How would this system ensure that primary teacher training courses and placements include adequate timetabling of music and other arts subjects?
A related concern is the funding and capacity implications of the proposals, which do not seem to be taken into account by the review. How would there be sufficient capacity for small and overstretched art and music departments to deliver intensive placements for groups of teachers, a particular challenge where there are a small number of teachers employed in a department? Schools with small departments would need further support and funding to provide appropriate mentorships.
Bursaries are important in recruiting and retaining trainees. They can make a critical difference—even more so if centres are cut and teachers need to move home or travel long distances. Yet bursaries for the 2021-22 cohort are now zero for both music and art and design, while bursaries have been reinstated for other subjects. This, incidentally, on top of the 50% cuts to higher education arts courses, sends yet another signal about the value that the Government ascribe to arts subjects.
The decision about music is curious in the light of the ISM’s finding that the number of trainees starting secondary music ITT courses in the 10-year period to 2018-19 fell by 64%. Such long-term trends throw a question mark against the target recruitment figures that the Government use. Can the Minister tell me precisely what criteria are now being used for the awarding of bursaries and, in particular, for the decision not to award bursaries to music or art and design subjects? In this context, there is a growing realisation that the recent small increase in art and design GCSE uptake has been artificially inflated by the destructive loss of design and technology teaching.
How, too, would these proposals address representation in the teaching profession? The Runnymede Trust will produce its own report next year on representation in arts education, but the DfE reported in 2017 that only 6% of art and design teachers were from ethnically diverse communities, compared with 31% of the student population. Bursaries and scholarships alongside other strategies could be used to help address this imbalance.
In conclusion, it is difficult to understand how these proposals will enhance the teaching of subjects themselves. Indeed, many of the concerns that the arts have are shared by other subjects too. There are questions then both of principle and logistics. In terms of principle, the strong sense that one gets is that the Government would like to have closer, more centralised control over education and wish the multi-academy trust to be a focus of that control. It is a narrow-minded approach that ignores the importance of the wider educational ecosystem. In the longer term, too, we must rethink the Government’s—any Government’s—relationship to education, which, in England, is in danger of becoming far too close.
Lord Kirkham (Con)
Surely none of us can be in any doubt at all about the critical importance of teachers in society. We all know from our own experience, or that of our children and grandchildren, how a good teacher can spark interests, arouse enthusiasm and encourage engagement that will set a child on a positive course for life.
Teaching is the profession that creates all other professions, and capable and motivated teachers working alongside responsible parents are the key to influencing and shaping our good citizens of the future—tomorrow’s movers and shakers and captains of industry. Conversely, inadequate teachers and bad schools can wreck lives and prevent children from realising their potential. I have had much personal experience of seeing both the best and the worst, working over many years to help young people from all backgrounds through the Duke of Edinburgh’s Award and the Outward Bound Trust.
This is, I think, a great moment to re-evaluate and improve our approach to teacher recruitment and training, to give teachers the tools to do a good job and feel good in doing a good job. The pandemic made parents aware, as they faced the challenge of home schooling for the first time, just how hard it is to teach their own children. But many were also left feeling that schools and teachers could have done more to support them than they actually did, particularly during the first national lockdown.
We should make these perceptions a starting point for change. Our priority should be improving the supply of teachers, particularly in disadvantaged areas; reducing the number of teachers who leave their jobs, particularly in the early years after qualifying; and ensuring that high-quality, dedicated people are attracted to and retained within the teaching profession. I feel strongly that the Government’s carefully researched proposed reforms of teacher training are a definite step in the right direction on all these fronts, notably in ensuring that teachers continue to receive training, not just in their first year of work but in years 2 and 3 as well, together with ongoing mentoring from an experienced teacher.
I note from my previous experience in a customer-focused business that built an outstanding reputation and won many awards for the quality of its service that it is not just training that delivers results: it is constant mentoring that helps build morale and ensures that the training is effectively applied in practice.
It is entirely reasonable, right and beneficial to seek to level up teacher training by making every organisation involved in it apply for reaccreditation, and the Government should not be deterred by vested interests, however distinguished, protesting against this. The Government should make their intentions clear on the issue of reaccreditation and move ahead with implementation. They should not allow themselves to be put off by any personal interests or the teaching unions’ traditional opposition to all change, however well intentioned—an odd approach, one might think, from a profession dominated, in many eyes, by the left, underlining the importance in this review of taking the politics out of both teacher training and teaching in our schools.
That is not, incidentally, a party-political point. There have been 13 Secretaries of State for Education since 1997, both Labour and Conservative, and as far as I can recall the teaching unions have been at odds with all of them. Even before 1997, the then Labour education spokesman, now the noble Lord, Lord Blunkett, was forced to spend some time trapped in a small room with his guide dog for his own protection when chanting militants took exception to his attempt to address the NUT conference, because he had had the temerity to condemn school strikes and seek to fire incompetent teachers. That sort of militant behaviour does nothing to raise public esteem for teachers, which is actually the key to winning them the high rewards that they seek.
We can see around the world that teachers enjoy a higher status in countries that invest heavily in their continuing training—countries such as Singapore and Finland. In countries where teachers are held in greater esteem, more parents aspire for their children to become teachers and encourage them on that career path. It really is a virtuous circle.
I am not speaking in support of the reform of teacher training because I am against teachers anyway, or because I want to stamp out individuality and creativity. I certainly do not want us to turn out identikit teachers reciting to their classes each day from a little red—or, for that matter, blue—book. I am supporting these reforms because I want teachers to be more highly valued in society. I want their status to reflect the responsibility and importance of their role, and I strongly believe that we will help to achieve this by levelling up and depoliticising their training, and by ensuring that their training does not end when they leave university or college.
High-quality, continuing training, not only in years 2 and 3 but throughout a teacher’s career, could and should, with performance reviews, be linked to pay progression, with the best-trained and most highly skilled teachers reaping the greatest rewards. The countries with the best-performing education systems also tend to give teachers more time to plan, evaluate and improve their lessons. They give them the breathing space to improve their skills, not expecting them to fill every hour of the working day with teaching—or, worse still, crowd control. We should do the same. By improving and extending training, depoliticising teaching and fighting militancy, we greatly increase the chances of parents respecting teachers and working with them, hand in hand, to shape the well-educated, highly motivated and properly civilised citizens of tomorrow. We must prioritise continuing training and upskilling for our teachers, so that we can match the very best educational systems in the world, and give our young people a head start in life.
Lord Knight of Weymouth (Lab)
My Lords, I start by paying tribute to the excellent opening by my noble friend Lady Donaghy and commending my noble friend Lady Morris on her excellent contribution, joined by the noble Earl, Lord Clancarty, and others: it was a really good start to the debate. I remind your Lordships of my education interests as recorded in the register. In particular, I chair the E-ACT multi-academy trust board, I am an adviser to Nord Anglia Education, and an occasional client is my former employer Tes Global, where I co-founded the Tes Institute, now the fifth largest qualifier of teachers in England. I also recently led the inquiry into initial teacher training by the All-Party Parliamentary Group for the Teaching Profession, of which I am vice-chair.
The inquiry was triggered by the market review chaired by Ian Bauckham. We received evidence from teacher training providers, both school-centred and universities, from schools, the College of Teachers and the teaching unions. I say to the noble Lord, Lord Kirkham, that I do not totally agree with his view on teaching unions; my experience is that when you work with teaching unions as proper stakeholders, you can achieve quite a lot alongside them. We titled the report of the all-party group, If It Ain’t Broke, Handle with Care. This reflected the lack of evidence to support the assertion from the then schools minister, Nick Gibb, that there was an urgent problem that needed solving. In fact, the biggest problem was the threat to teacher supply created if the outcome of this review were implemented.
I spent the first three days of this week in long meetings reviewing the performance of the 28 schools in the E-ACT group. Across the board, one of the biggest challenges we face is recruiting enough teachers, especially in shortage subjects such as maths. The majority of schools are not fully staffed, meaning more use of agency staff than we want and some roles having to be re-advertised because of a poor response. This is important context for the suggestion that we can just jettison a number of ITT providers in pursuit of the clear agenda of centralised control, dressed up as re-accreditation. The very idea that universities such as Oxford and Cambridge might follow through with the threat to walk away from training teachers if these proposals are implemented demonstrates what a pickle the department has got itself into. And it is not just the elite universities: the MillionPlus group is just as animated, as are the school-centred ITT providers. Some of these may be small in scale, but they provide important training opportunities in remote areas that universities struggle to reach.
The combined effect of some of these providers being excluded by re-accreditation, or walking away because of the threat to academic freedom and an uneconomic model, could be catastrophic. This country is short of teachers. The spike in numbers applying to train at the beginning of the pandemic was short-lived. If transitioning to a new system disrupts the supply of new trainees, then there are serious consequences for our schools and for the life chances of our children. I remind your Lordships that this is not just about the delivery of training: as others have said, there are problems now with there not being enough placements for trainees in schools. Losing existing providers means losing established partnerships and their school placements.
The new two-year induction that started nationally this September in the form of the early career framework is delivering some good quality—that is the feedback from the schools I am accountable for. However, it is resource-hungry for schools, particularly in mentoring capacity. This, in turn, makes it harder for ITT placement, because of capacity constraint, particularly if the review’s understandable emphasis on mentoring is implemented. I met the chair of the market review a couple of times and respect him and his view. I understand his desire to collect the best evidence of what works in ITT and to impose that on everyone. However, I believe that it leads us into standardised, uniform approaches to training that imply that teaching is a craft skill and, if everyone did the same thing, it would work for all types of teachers working with all types of pupils.
That goes to the heart of the problem. These proposed changes are not about building teacher professionalism. They are not showing trust in the profession—just the opposite. If we want better, more experienced teachers, we need to recruit more into teaching and then retain them. That means leaning in to their intrinsic motivation to be teachers. If my friend Sharath Jeevan is right in his new book, that means focusing on purpose, autonomy and expertise. If we erode professional autonomy, we erode motivation. Successive Governments have done that—I hold up my hand—but it is now time to reverse that.
We should be working with a diversity of providers of ITT. The Government should abandon the market review and the unnecessary expense of the Institute of Teaching. We should respect the training providers’ professionalism and let them decide how best to train teachers. Then we should use Ofsted to regulate the quality against the agreed standards for qualified teacher status—regulate the outcome, not the input. We should then properly resource teachers, at every stage of their careers, to have time to observe each other and engage in professional dialogue and development. Perhaps those that are crammed into teaching through successful schemes such as Teach First should be given time, relatively early in their careers, to have a sabbatical period in universities reflecting on practice and acquiring the academic, theoretical underpinning they missed due to their acceleration into the classroom. In doing so, we may retain more of those excellent teachers in our schools.
Teaching is the most important of professions; it shapes our future. We should nurture it, respect it as a profession and resist those who seek to use a Whitehall sledgehammer to crack a problem that does not really exist. Please, handle with care.
Baroness Coussins (CB)
My Lords, my noble friend Lord Clancarty is right that the proposed reforms call for a subject-by-subject analysis, as well as looking at the overall context of ITT. I will focus on the training and recruitment of teachers of modern languages, and I declare my interest as co-chair of the APPG on Modern Languages.
The supply chain of MFL teachers is shrinking to such a serious extent that the sustainability of language teaching and learning in our schools could be under existential threat. If the UK’s deficit in language skills deteriorates much further, our capacity to deliver public policy in education, research, diplomacy, defence and security will be significantly weakened, as will our ability to supply UK businesses with the school-leavers and graduates they need to compete in a global market, and to build export growth.
Let me illustrate the scale of the problem. A language is one of the subjects required at GCSE for a student to achieve the EBacc. Yet in 2020, only 72% of the target for MFL teachers were recruited; only physics fared worse. This shortfall needs to be seen as being on the back of under-recruitment over many years. Numbers of German and French teachers declined by over a third and a fifth, respectively, in the decade between 2010-11 and 2020-21. Even if every single university student currently doing a languages degree went into teaching, we still would not meet the shortfall, yet a mere 6% of MFL graduates actually end up in teaching.
Part of the systematic collapse in the supply chain of MFL teachers is due to university department closures. Since 2000, over 50 university languages departments have closed and the reforms in ITT, mentioned by the noble Baroness, Lady Donaghy, may exacerbate the problem even further. If 35 universities, accounting for 10,000 teacher training places, go through with their threat to withdraw teacher training if reforms progress in their current form, this will have a disproportionate impact on MFL. However, I believe there are various measures which Her Majesty’s Government could take immediately and which might help.
First, we need to reverse the cut in bursaries for MFL trainees. These have been slashed for 2021-22 from £26,000 right down to £10,000, even though the reduction for physics, chemistry, maths and computing is only a slight cut, from £26,000 to £24,000. I understand that in 2022-23 the MFL bursaries will rise again, but only to £15,000—still significantly short of the £24,000 for the other subjects I have mentioned. The MFL scholarships have been scrapped altogether. Can the Minister explain this disparity, given that all these subjects are part of the EBacc requirement?
Secondly, we need to look at the barriers we have created, presumably unintentionally, to the smooth and continued recruitment of EU nationals into MFL training. EU students have typically made up between 30% and 75% of ITT cohorts for MFL, but now face a cliff edge in recruitment. Those with settled status were able to access bursaries or student loans last year, but those without this status will not be eligible in future, despite MFL teachers now being on the shortage occupations list—a change for which I commend the Government, but which needs to be followed through logically in policy terms, such as by giving access to these bursaries. Has there been any impact assessment for how these changes will affect future MFL teacher recruitment, especially given that MFL is of course uniquely reliant on recruiting native speakers from EU member countries, particularly France, Germany and Spain?
Thirdly, the cuts to funding for subject knowledge enhancement, or SKE—yet another acronym, I am afraid—should be reversed. SKE is a recruitment tool which was introduced in 2005 to try to bridge that shortfall by attracting UK graduates with a modern language as a subsidiary part of their degree. Typically, 40% to 70% of MFL trainees undertake SKE as a condition of entry, but the funding cuts in the last academic year translated into an estimated reduced capacity in the number of trainees one provider could offer from an anticipated 40 to just 13.
Finally, I want to emphasise how relevant these issues are to the Government’s levelling-up agenda. There is a clear link between low MFL take-up and disadvantage, as measured, for example, by eligibility for free school meals. Lower GCSE take-up correlates with regions of poor productivity and low skill levels. There is also a growing disparity between state and independent schools. For example, the latest Language Trends survey reveals that independent schools are more than three times as likely as a state school to host a native speaker language assistant.
School leavers and graduates with even a basic working or conversational knowledge of another language are more employable and mobile than they would be otherwise. Languages are not just for an internationally mobile elite. One survey showed that lack of language skills accounted for a 27% vacancy rate in clerical and admin jobs.
I hope to hear from the Minister that Her Majesty’s Government will look again with some urgency at restoring the cuts to MFL bursaries, scholarships and SKE funding and access for eligible EU students to these financial incentives. These measures have the potential to save language learning throughout our education system, boost the supply chain of teachers once more and equip young people to compete with their peers from the rest of the world.
Baroness Blower (Lab)
My Lords, I am pleased to have the opportunity to speak in this debate. I congratulate my noble friend Lady Donaghy on securing it and on her opening speech. I fully endorse the important points and speeches made by my noble friends Lady Morris and Lord Knight, with whom I believe I worked pretty well as a highly elected member of the National Union of Teachers when they were at the Department for Education.
Teacher supply is clearly at the heart of ensuring that our schools can fulfil society’s aspiration that all children and young people should be afforded a high-quality, broad and balanced curriculum—I endorse the points made by the noble Baroness, Lady Coussins, and the noble Earl, Lord Clancarty, on breadth and balance—in whichever institution they are educated, allowing all to achieve their full potential and push beyond any constraints of lack of self-confidence or self-esteem which some students experience. Proposed policy on initial teacher education and training does not seem to provide securely for a sufficiency of teachers to respond to that task in all its complexity. Currently, even where places are taken up for pre-service training, as noble Lords have heard on a number of occasions in this House, the rate of attrition is very high. We are losing teachers from our classrooms at a much higher rate than is consistent with a stable profession.
The Government have now proposed a course for reform which represents a radical shift in the approach to teacher education and training. As was mentioned earlier, it was subject to consultation between 7 June and 22 August 2021—substantially, of course, during the academic year holidays. At the time, Nick Gibb was the Minister for School Standards; he justified the short timescale on the basis that it was urgent, yet 13 weeks later we are still awaiting the outcome. Meanwhile, the process has been opaque, with no record that I have been able to find of how a small, hand-picked group chaired by Ian Bauckham of the Tenax Schools Trust—as my noble friend said—went about the review of the ITTP provider market.
The Library briefing on initial teacher training providers and the review gives a large number of figures for recruitment to a variety of routes into teaching and faithfully reports what the review was ostensibly set up to do—to ensure that:
“All trainees receive high-quality training … The ITT market maintains the capacity to deliver enough trainees and is accessible to candidates … The ITT system benefits all schools.”
All are highly laudable aims. However, it also records that while
“many in the sector welcomed the aims of the review”,
there has been criticism that the reality might be “potentially disruptive”, with Cambridge University among others, as referenced by my noble friend Lady Donaghy, asserting that there is
“no ‘single right way’ to train teachers”
and suggesting that it may withdraw from the market if the proposed reforms go ahead. As I understand it, it was not alone among Russell group universities in taking this view.
There is a clear sense among many who have sought to engage with the Government’s proposals that they are a straightforward step along the road to central, national control of how teachers are taught to teach and how they will be expected to teach. This may well have its genesis in Michael Gove’s time as Secretary of State for Education, when he famously insulted academics in university education departments, describing them as “the Blob”. Whether he secretly feared that university education departments were hotbeds of Marxism or was just pursuing a centralising and controlling agenda while ostensibly lauding school autonomy may be a matter for debate.
It is clear that jurisdictions held to be successful take a different approach from that suggested in the direction of current government policy. There are clearly elements that could be welcomed. However, while greater support for newly qualified teachers—what we now call early-career teachers—is a good thing, the need for schools to provide a mentor for each early-career teacher may put enormous pressure on staffing in schools and could lead to them employing fewer early-career teachers.
I trust that the Minister will be able to update the House on progress towards the establishment of an institute for teaching. There is talk of there being only two bidders on the shortlist, Star Academies and the Ambition Institute, neither of which has strong links with higher education institutions.
I hope the Minister will be able to reassure us that university departments of education are considered an important part of initial teacher training and education going forward. Professional autonomy and agency for teachers are critical for a successful teaching profession. It is in the universities that they develop these capacities.
Lord Lexden (Con)
My Lords, I offer a few comments on some of the important issues that are the subject of this debate—for which we are so indebted to the noble Baroness, Lady Donaghy—drawing on the perspective of the Independent Schools Council, whose member schools, I am pleased to say, work today in ever-increasing and ever-closer partnership with their colleagues in maintained schools. Just this week, the latest account of partnership between them has been published. It reports on nearly 6,000 cross-sector schemes that are forging ahead, covering a wealth of activities from rigorous academic study to orchestral concerts, drama and sport.
I declare my interests as a former general secretary of the council, which works on behalf of some 1,400 schools, and as the current president of the Independent Schools Association, one of the council’s constituent bodies, which has some 570 of those schools in its membership. The association’s members are for the most part notably small schools, often having no more than 200 pupils, with deep roots in the local communities they serve. The council’s member schools as a whole have on average fewer than 400 pupils. They therefore differ in size from so many of their counterparts in the maintained sector—an important factor that tends to be insufficiently recognised and has an important bearing on the subject of this debate.
The council’s schools have long been involved in helping to train our country’s teachers and, year by year, they reaffirm their commitment to their work in this crucial area. Teachers trained in them can gain qualified teacher status and complete the statutory induction year under arrangements agreed with the Department for Education—by me, as it happens, with the support of the noble Baroness, Lady Morris of Yardley. This enables the teachers they train to take jobs in either maintained or independent schools. Whenever I see the noble Baroness, Lady Morris, I think of the early days of partnership, which began under not a Conservative but a Labour Government.
So schools within the Independent Schools Council contribute significantly to replenishing and enlarging the teaching profession. They have perhaps a particularly important role in helping to train subject specialists in shortage subjects, such as maths and physics—a role that is widely recognised for its importance to the country as a whole.
As we all agree, our education system today needs more teachers, trained to high standards, not least to assist recovery from the pandemic. The Government were right to review the existing state of initial teacher training at this particularly important juncture and to bring forward proposals designed to help to improve the system. The proposals should bring significant benefits in some respects, but in others they create grounds for concern so widely exhibited during this debate.
Despite my noble friend Lord Kirkham’s comments, is the compulsory reaccreditation of providers really sensible, particularly at this point, when schools are so preoccupied with recovery from the pandemic? The tight timetable that is contemplated might well lead to serious disruption—some refer to the likelihood of chaos—and a fall in the number of training opportunities. Would it not be better to trust the continued work of Ofsted, despite the criticisms that have been made of it, in ensuring that providers are of high quality, taking full account of the latest evidence?
A second area of concern, felt particularly keenly in independent schools, is the requirement to follow a single core content framework in the teacher-training curriculum in order to gain accreditation as a provider of initial teacher training. Independent schools have a well-established track record of provision, including through employment-based routes, delivered in ways that suit their size and capacities. The requirements of the proposed framework are likely to prove too inflexible for many of them and throw doubt on their ability to continue training specialists in shortage subjects, despite their strong desire to maintain their traditional role in this area. It would be a loss that our country could ill afford.
There are other difficulties as well. It would be hard for many independent schools to release experienced staff to take part in the intensive training that they will need to undergo in order to fulfil the role of mentors in a system changed in the way that is being proposed. Far too little time is being allowed to prepare for the substantial changes that the proposals entail.
Schools belonging to the Independent Schools Council want to make the greatest possible contribution to teacher training. I hope that those elements of the Government’s reform proposals that could impede their full participation in the future will be carefully re-examined before final decisions are made. This is, after all, another sphere in which partnership between the two education sectors can achieve so much, to their mutual benefit and our country’s.
Viscount Hanworth (Lab)
My Lords, the teaching profession is highly esteemed in many European countries. I have witnessed this in France, Germany, Austria, and the Netherlands. It is not so in Britain, where the status of teachers has suffered a steep decline since the 1960s.
In the perception of the public at large, the status of teachers is equivalent to that of social workers. It is no exaggeration to say that teachers have been the victims of a culture war. The Labour Party has been generally supportive of teachers. A previous Labour Government made a commitment to raise their status to that of senior consultants and surgeons by 2006. Animosity towards teachers and their supposed political orientation has been forthcoming from the right wing of the Conservative Party and from the allied press. They are liable to accuse teachers of being proponents of a so-called woke culture that, supposedly, intimidates people into assenting to liberal or left-wing opinions.
At present, teachers and schools within the state-maintained sector are suffering considerable stress. The available funds have long been inadequate for maintaining the fabric of schools and their supplies of consumables. The pay of teachers is inadequate. Their workload is excessive and there are acute problems with the recruitment and retention of teachers. It is against this background that the Government have decided to overhaul the system of teacher training and the induction of newly qualified teachers into the profession.
A requirement that all teachers in state-maintained schools should be university graduates was imposed in the autumn of 1970 in fulfilment of the recommendation of William Plowden. What ensued was a variety of routes towards qualified teacher status or QTS. It became possible to obtain QTS in the course of a three-year degree that had a component of teacher training. The degree could be that of a bachelor of education, a bachelor of arts or a bachelor of science. Graduates who had not obtained qualified teacher status as an adjunct to their degrees were able to obtain it via a postgraduate certificate of education—PGCE—that resulted from following a course that was typically of one year’s duration.
The Teaching and Higher Education Act 1998 imposed a requirement that all newly qualified teachers should undergo a period of statutory induction. The requirements of the induction have been revised and extended via subsequent acts and regulations, and the present Government are intent on a radical overhaul of the regulations which will extend the induction period to two years. This will be part of an early career framework. Given their service in maintaining teacher training over many decades, one might have expected universities and institutions of higher and further education to be charged with overseeing the system. The new arrangements could be expected to profit from their knowledge and experience.
Instead, the Government have decided to side-step these organisations and establish a wholly new structure of so-called appropriate bodies to provide independent quality assurance of the statutory induction. For some time, the Government have been calling into question the provision of initial teacher training by universities. They have allowed the universities to be bypassed by establishing the School Direct provision, which allows the initial teacher training of graduates, who have other work experience, to take place in schools. They have also established a system of school-centred initial teacher training that has bypassed the traditional providers of teacher training.
From 2021, the teaching practice associated with the PGCE and other modes of initial teacher training will take place in schools that will be subsumed under teaching school hubs. They are to be based in specially selected schools within multi-academy trusts that have been chosen by the Department for Education. The department has named 87 new teaching school hubs, including six that participated in a pilot project. Each will provide professional development in around 250 schools. The hubs replace a network of 750 teaching schools which will lose their designation and their government funding, resulting in an overall saving of £25 million.
There have been doubts about the adequacy of the provision of placements for trainees. There is an understanding that the Government are attempting, by these means, to align teacher training with their own nostrums. Throughout their period in power, the Conservative Government have been keen to abrogate to themselves the role of directing and regulating state-maintained education. Hitherto, the role has been taken by organisations at arm’s length from the Government. The Department for Education will now be charged with accrediting the provision of the new and extended statutory teacher induction. Schools will be allowed to devise their own courses, provided that they are approved, but it is expected that they will choose to work with one of six providers accredited and funded by the department. All bar one of these are recently established commercial organisations which will work under the guise of a charity.
Some of these organisations have already provided samples of their teaching materials on the web. These place an emphasis on classroom practice and attempt to instruct new teachers in how to maintain order and discipline. I have heard it said that much of this material is fatuous, but I hesitate to make my own judgment.
The early career framework engenders a vision in which newly qualified teachers undergo a benign induction under the tutelage of knowledgeable mentors. This vision is liable to be confounded when confronted by the realities that prevail in our schools.
Reports from the pilot studies suggest that, given the straitened circumstances within which they are operating, schools will be unwilling to recruit young trainee teachers in view of the burdens they will bring with them. Instead, schools may prefer to rely on young teachers supplied by agencies, which are liable to deduct substantial fees from their pay. The advantage of schools employing young teachers under such arrangements is that they can avoid paying sickness and holiday pay and pension contributions, a material consideration when money is scarce. Schools can release such teachers at the end of the school term or even before, thereby circumventing the agency regulations that give the teachers security of employment if they serve for more than 12 weeks. These circumstances, which are severely disadvantageous to early career teachers, must already account for a large proportion of the wastage whereby they leave the profession prematurely without securing permanent posts.
In view of the recent accumulation of their powers, and of the opportunity to pursue new and exciting initiatives, many people within the Department for Education are subject to a dangerous degree of optimism and self-congratulation. I fear that they are undertaking projects that will severely unsettle and damage the state education system.
Lord Storey (LD)
My Lords, I declare an interest as a vice-president of the LGA. I thank the noble Baroness, Lady Donaghy, for opening this important debate.
It is a pleasure to speak on the Government’s policy on initial teaching training and how to ensure that every school in every part of the country can confidently appoint the teachers it needs to deliver an excellent education to every child and young person. As the noble Lord, Lord Kirkham, rightly said, the quality of our teachers must be paramount in our education system. If a primary pupil has a poor teacher, they cannot repeat that year. If a secondary student has a poor subject teacher, they have lost a year of learning and understanding.
We need to ensure that our teachers are highly trained, highly motivated and have the pedagogical skills to enable them to teach and relate to children. Children need teachers who can teach, enrich their learning, motivate and give them the confidence that education is all about. As a nation, we need teachers who are well trained, well respected—and well paid. As a historical footnote, it is interesting to observe that, when Margaret Thatcher was Secretary of State for Education, she implemented in full the Houghton review—the largest ever increase in teachers’ salaries.
As I listened to the cogent arguments made by my learned friends in this House, I reflected on my own teacher training. The world has changed considerably since I started at St Katharine’s Church of England Teacher Training College in Liverpool—now Liverpool Hope University. As another historical footnote, the principal, as he was called, discovered in the Times Higher Education Supplement that his college was about to be closed down by the then Wilson Government, as was the Roman Catholic Christ’s College across the road. They had the political nous to join together, daring the Secretary of State for Education to close an ecumenical establishment—which, of course, he did not. Now Liverpool Hope University is flourishing. It is a gold standard university and the only ecumenical university in Europe.
The pattern of teacher training was much simpler then. The majority of teachers went to what was known as a teacher training college to do a three-year course, until, in the 1990s, the four-year B.Ed. was introduced. Another route into teaching was for graduates, who took a one-year postgraduate certificate in education at university. The third route was to go straight into teaching with a degree in the subject you intended to teach; this happened in many secondary and independent schools. Such people learned their teaching on the job.
In the last decade, as we have heard from the noble Viscount, Lord Hanworth, there has been a steady growth of different routes into teaching, and ITT has become very fragmented. Teaching is now pretty much a graduate profession, with most teachers getting their degree before deciding which route to take. In addition to the traditional degree plus PGCE route, the balance has swung very much towards school-based initial teacher training. The traditional years spent at university, with a placement in a school for an extended teaching practice, has been replaced for many students with a year based in a school, with the school buying in the pedagogical element from a university.
Teach First—the implication being that teaching will be the first of many careers—has grown enormously in recent years, with good honours graduates going into challenging schools after a six-week summer school camp and very much learning on the job. I still have grave reservations about whether you can learn to be a school- based teacher after just six weeks in a summer school.
All the while, there has been a range of initiatives to try to recruit teachers of so-called shortage subjects, particularly maths and physics, with bursaries—the equivalent of a golden handshake—offered to encourage applicants. The reaction of the university sector to the market review of teacher training, as the noble Lord, Lord Knight, has told us, was, by and large, “If it ain’t broke, don’t fix it.” But I welcome the opportunity to look at the sector. Given the multiplicity of routes into teaching, the quality of the training offered has been patchy, to say the least.
The Liberal Democrats have consistently emphasised that our teachers are the greatest asset of our education system. The disruption to our children’s education caused by the pandemic, with long periods of enforced absence from school, has served to emphasise how valuable face-to-face teaching is. However good the technology, however well planned the lessons, virtual lessons are a pale shadow of an excellent school education.
I welcome any and every attempt by the Government to attract high-quality graduates to the teaching profession and will support the proposals to make teaching an attractive profession. I can see some merit in the Government’s attempt to improve the quality of initial teacher training. There does seem to be a need to ensure that every trainee teacher, at the end of their professional training, is confident and well equipped to face what is the one of the best, but most challenging, jobs in the world.
I also believe it important that certain elements are mandatory in teacher training. We heard from my noble friend Lord Addington about the importance of special needs. Every primary school teacher needs to do a unit on child development. If they do not know how a child develops from a very young age, how can they really have the rapport to teach them? Every teacher, whether in the primary or secondary phase, needs to know how to identify a child who suffers from dyslexia. It seems crazy to me that that does not happen. When I was doing my degree after my teacher training, my education tutor told me that there was no such thing as dyslexia. That was in the early 1980s.
Universities do have an important role in teacher training, as I have said. However, the emphasis of the Government’s market review of teacher training seems to be on the market aspect. The noble Baroness, Lady Blower, emphasised this, and she is right: it is a pity that the Government’s consultation on the future of initial teacher training was carried out in the summer, between early June and the end of August. The Government maintain that delaying the consultation until this autumn would have delayed plans to push forward with the reforms. Although the consultation ended on 22 August, almost three months ago, we have not yet had any information on the response to it. Maybe we can blame the pandemic; I do not know.
Teachers are the lifeblood of our education system and we must recruit and retain the very best teachers. We can do this only if we can offer them an excellent preparation for the role, support them during the early years of teaching and enable them to flourish in their chosen profession.
A number of questions have arisen during the course of this debate and I look forward to hearing the Minister’s answers. I am concerned that we are still waiting to hear what will emerge from the market review and how much of teacher training will be to do with the market. We have heard today about the Institute of Teaching, with a £122 million contract up for grabs to run the flagship teacher training establishment. Will that be run by a private provider? The top priority of teacher training is the quality and, as in many areas, there is a mixed economy of providers, but I am concerned that we do not throw the HEI baby out with the bathwater. How will the Government ensure that the market is managed so that every teacher benefits from the teacher training experience?
I end by saying that teacher training does not just start before they go into schools, or however they do that; the training of a teacher goes throughout their teaching career, and continuing professional development has to be a hugely important part of the role of schools and, indeed, of government.
Lord Watson of Invergowrie (Lab)
My Lords, we are all hugely indebted to my noble friend Lady Donaghy, not just for securing this important debate but for opening it in a manner so comprehensive that frankly she left very little extra to be said. My noble friend mentioned that it took a Written Question to force the DfE to reveal what was going on regarding the future of teacher education. She was typically too modest to say that she was the one who asked that searching Question.
It is much to be regretted that teacher education appears not to be sufficiently valued for its own worth by those whose task it is to shape education in its broadest sense. I use the term “teacher education” advisedly, because that is what has been cast aside here —downgraded to what is now termed “teacher training”.
The Tory manifesto in 2019 had nothing to say on teacher training, though it did say:
“We want to attract the best talent into teaching and recognise the great work they do, so we’re raising teachers’ starting salaries to £30,000”.
I will spare the Minister the embarrassment of having to tell me two years on how many teachers have actually received that starting salary. Of more relevance is why her party’s manifesto contained no mention at all of teacher education, despite the fact that we now know that Conservatives were so concerned about the underperformance of the sector that they believed the only policy response was to rip it up and start again. In passing, it is only fair to say that neither Labour nor the Liberal Democrats mentioned teacher education in our manifestos—but in our defence these two parties did not believe it to be in such a dilapidated state that it required a complete revamp.
The fact that the Government prefer the term “teacher training” is instructive. Teacher education generally includes four elements: improving the general educational background of the trainee teachers; increasing their knowledge and understanding of the subjects they are to teach; pedagogy and an understanding of child development—as mentioned by the noble Lord, Lord Storey—and learning; and the development of practical skills and competences.
In recent years, the distinctive and long-established role of university teacher education has been weakened to the point where I believe serious questions are raised about the very purpose of teaching. When I take my car to the garage for repairs, I do not want it done by someone who is not qualified; when I go to hospital, I do not want my medical care delivered by somebody who is not qualified; and when I go to a restaurant, I certainly do not want my meal prepared by somebody who is not qualified. So why should any parent at any school be expected to accept their child being taught by a well-meaning amateur? Yet, to this Government, that is perfectly acceptable.
Every parent has the right to expect that those entrusted on a day-to-day basis with ensuring that their child’s development is stretched to the limit of their capabilities have themselves been subject to a rigorous grounding in both the theory and the practice of pedagogy—not just what works, but why it works. Prior to the review, Ofsted had rated all ITE provision as being “good” or “outstanding”—so, to paraphrase my noble friend Lord Knight and his all-party group, “not much was broke there”.
My noble friend Lady Donaghy described the outcome of Ofcom inspections this year, with some in need of improvement, and that is accepted, but it sounds suspiciously as though the headline about the review had been written by the DfE and the storyline then had to be made to fit it. In any case, the review was under way well before the latest Ofsted inspections took place, so they cannot have provided the rationale for it. If we know anything at all about the effect of the past two years on education, it is that the pandemic has rendered the use of any benchmarks from that period next to useless.
The new system would apply to maintained schools, academies and free schools, yet there were no representatives of local authorities or maintained schools on the so-called expert working group. The members of that group may indeed be experts in their own areas but not in regard to maintained schools—although Teach First sends its graduates to both types of school. The suspicion remains that the group was a hand-picked collection of individuals who were left in no doubt what the DfE wanted to emerge from this review, and the DfE’s bias against maintained schools prevented anyone from that sector participating. If that is a wrong interpretation, no doubt the Minister will set the record straight, but why would the group have two people from academy trusts, including the chair, but none from schools that are not academies? At least there was one voice from the university sector, although we hear that she has in part dissented from the report, warning that the reforms could be “hugely risky” to teacher supply and quality. For that reason, she has advocated a year’s delay in implementing the changes to allow the issues to be addressed. At the very least, we very much support that call.
The noble Lord, Lord Storey, my noble friend Lady Blower and others have commented on the fact that the proposal’s consultation period covered school holidays. I will not repeat that, but it is a recurring issue and one that I have raised previously with the Minister concerning the skills Bill. We shall shortly have a debate in your Lordships’ House on an SI on teachers’ pay and conditions, which was also issued over the summer. I believe this is a deliberate practice by the DfE designed to limit responses—and it must stop.
The review’s proposals make recommendations on curriculum content, course structure and mentoring, with the central recommendation that all ITT providers implement a new set of quality requirements, and that
“a robust accreditation process should take place”.
That is a worry for many institutions, which are concerned that the DfE will seek to favour larger and, perhaps, compliant institutions. It would be helpful, to echo my noble friend Lady Donaghy, if the Minister could offer reassurance that the accreditation process will be open, transparent and equitable. Can she also say whether all accreditation applications that meet the new quality requirements will be approved, with no contrived rationing taking place? There are fears that the process could be used to ensure that ITE providers deliver only DfE-approved curricula over and above what is already required through the core content framework.
This is one issue of concern to universities, which play a key role in the delivery of ITE, accounting for 40% of all those entering teacher education each year. They, of course, work on long-term planning structures dependent on the stability of provision, so being confronted by a review with the clear objective of changing the very nature of who operates it naturally sets alarm bells ringing in universities.
My noble friend Lady Donaghy clearly enunciated the concerns of universities about the proposals, and I will not repeat them. However, if the number involved in teacher education were to be significantly reduced—particularly by the threatened departure from the scene of Cambridge and Oxford—that would be damaging not just for that sector but for the supply of future generations of teachers.
The reforms risk recruitment and retention by narrowing the ITE curriculum, reducing choice for prospective students and making ITE more onerous for student teachers. There are also worries that the review changes the focus to assessment of trainee teachers against the core content framework, not on how good they are as teachers. Schools are under a duty to support their early career teachers, but not under a duty to take on trainee teachers. Given the onerous duties of the early careers framework, schools will inevitably redirect resources to support early career teachers, thereby exacerbating teacher supply.
Universities and schools have developed strong relationships over many years, becoming exemplars of good practice. Neither the need nor the political imperative to break those links exists, yet the introduction of market forces sees universities competing more directly with each other, as well as with the disproportionate share of resources—and student places—channelled to schools.
Although the substance of the review proposals is largely generic, I had intended to mention the question of music teaching but, following the remarks of the noble Earl, Lord Clancarty, all I need to do is say that I wholeheartedly endorse what he said. He made a very persuasive case for music teaching. I do not expect the Minister to respond on that point today but perhaps she would do so in writing to both him and me.
The strong partnerships that have developed between accredited higher education institutions and schools have been one of the education sector’s great success stories in recent years. Schools should have a choice about how they participate in ITE. It is, as the report itself acknowledges, already difficult for providers to secure a sufficient number of placements, particularly in some key subjects such as physics and, as the noble Baroness, Lady Coussins, said, modern foreign languages. That in turn has led to an artificial cap being placed on recruitment. Should they proceed, the reforms should surely do nothing to make these challenges even more acute.
The Government should acknowledge the opposition that their proposals have generated. They should, as my noble friend Lord Knight said, abandon the review and then facilitate much wider consultation aimed at building a broad base of support for what works, not simply what it might be possible to force the sector to tolerate. We are not saying that the current situation is perfect, but that is no basis for a way forward—certainly not with something so important to the future of this country as teacher education.
The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)
My Lords, I echo other noble Lords in thanking the noble Baroness, Lady Donaghy, for securing this debate and bringing to the House’s attention the crucial matter of initial teacher training recruitment and the role of universities and other bodies in ensuring the supply and education of new teachers. I am sure she was being harsh on herself when she described her teaching assistant career, and I am sure her pupils would have disagreed with her reflection.
The Government’s vision is for all children and young people to have access to a world-class education, no matter where they are from or what their background is. At a time when there are more pupils in our schools than ever before, the recruitment and retention of outstanding teachers is a key priority.
The noble Baroness, Lady Donaghy, said that she was a fan of teachers. I think all of us in this House are. I genuinely do not recognise the characterisation that has come from a number of noble Lords that this Government are critical and unsupportive of teachers; quite the reverse. I do not think there is a family in this country that does not value teachers deeply, particularly after the last two years and the critical role they have played in supporting our children. I absolutely agree with my noble friend Lord Kirkham when he talks, as have many other noble Lords, about the importance of valuing and giving proper status to teachers. We are trying to thread that through everything we do, as I will try to set out in my remarks.
I respectfully refute the suggestion by the noble Lord, Lord Watson, that the department is in any way being deliberate in its practice regarding the timing of consultations. I know he will agree with me that the officials in the department have the highest integrity, as do the Ministers, and there is genuinely no truth in that suggestion.
Lord Watson of Invergowrie (Lab)
I accept what the Minister says about integrity, but three over just one summer and all in education—is that just a coincidence?
Baroness Barran (Con)
I cannot speak accurately for what went before but I know the noble Lord will accept that this has been an incredibly disrupted time. I am sure that, had we delayed the consultations further in terms of our response, as we have heard today, there would have been criticism. There is always a risk; we are damned if we do and damned if we don’t.
I will revert to the important subject of the debate. We know that there are no great schools without great teachers, and I thank the noble Lord, Lord Storey, for the personal experience that he brings to his reflections. I will do my best to answer his and other noble Lords’ questions. We know that the evidence shows that teacher quality is the single most important factor within school in improving outcomes for children and young people, and reforms to teacher training and early-career support are key to the Government’s plans to improve school standards for all.
The noble Baroness, Lady Morris, talked about the time that it takes to qualify. I am sure that she recognises the value in the continued support, for two years now, for early-career teachers. The Government share the ambition of the initial teacher training sector that all people training to be a great teacher get the best possible start to their careers.
We published our Teacher Recruitment and Retention Strategy in 2019, working with key stakeholders to set out a shared vision for the teaching workforce. At the heart of this strategy is a golden thread of training and professional development—the noble Lords, Lord Storey and Lord Watson, raised these points—informed by high quality evidence, which will run through each phase of a teacher’s career. As your Lordships may have heard me say in answer to a recent question, there has been an increase of over 20% in applicants to the profession. The noble Viscount, Lord Hanworth, had his head in his hands, but I hope that he will share my pleasure to see that increase in applicants.
The starting point of this golden thread is initial teacher training, which is why we developed a new core content framework for this purpose. The new framework was published in November 2019, and, since September 2020, all new teachers have been benefiting from initial teacher training, underpinned by the best independently peer-reviewed evidence.
The noble Lord, Lord Addington, asked about initial teacher training in relation to pupils with special educational needs and disabilities. ITT providers must design their courses to incorporate the skills and knowledge detailed in the core content framework to support their developing expertise. This clearly includes the requirement, in standards, that all teachers must have a clear understanding of all the needs of their pupils, including, critically, those with special educational needs. That is also carried forward into the early-career framework, which was designed in consultation with the education sector, including specialists on SEND, of course.
Lord Addington (LD)
I am hearing that this can be one or two days’ training. Is that adequate to get a rough understanding of even the neurodiverse sector, especially those who are not the most glaring examples? I cannot see how it can be.
Baroness Barran (Con)
The framework obviously focuses on the outcome, which is that teachers are competent in all aspects. Given the percentage of children in the classroom with SEN, that is obviously a core part.
In view of the time, I shall continue. This desire to create the best initial start for teachers is why we asked Ian Bauckham to lead a review of the ITT market, focusing on how we can ensure that the quality of ITT is consistently of a world-class standard. As mentioned, Ian has been supported by an advisory group, and the report making recommendations to government was published in July 2021. As we have heard this evening, government has consulted on the recommendations made in the report, and we are currently considering them in light of the responses that we had to the consultation. We expect to publish our full response shortly.
In making their recommendations, the expert advisory group reviewed the available evidence on initial teacher training, including international and UK evidence. The objective evidence shows that there is clearly much to be proud of, as we have heard from your Lordships, in our current system of initial teacher training, with many examples of world-class practice, delivered by providers of all types. As would be expected, it also shows that there is scope to improve further.
To level up standards in every school, for every child, we need to strive for excellence in all corners of the country. The evidence we have available suggests that there is more we can do to make sure that high-quality training is being consistently delivered across the whole system. We must ensure that all trainees receive the training that they deserve.
The noble Baroness, Lady Donaghy, raised concerns about the content of the national professional qualifications. The NPQ frameworks have all been independently reviewed by the Education Endowment Foundation, which has her extremely knowledgeable noble friend, the noble Baroness, Lady Morris of Yardley, in its fan club—I will join her there if I may. That is obviously to ensure that the content is based on the best available evidence. The delivery of the NPQs will be quality assured by Ofsted, which I hope gives the noble Baroness some confidence.
The noble Baroness, Lady Morris, raised—these may be my words rather than hers—the absolute importance of developing critical thinking skills. We have built that into the framework at a number of levels, including in our consultation around the new specialist NPQs. There was a clear demand for more qualifications at the middle leadership level, for teachers who want to specialise in leading teaching or curriculum in their subject or phase, as well as supporting the professional development of other teachers. I hope that goes some way to addressing her question.
We continue to value the expertise of all types of ITT providers in developing courses that are underpinned by a strong evidence base. All courses leading to qualified teacher status must incorporate the mandatory core content framework in full. However, to be absolutely clear, in response to the suggestion of several noble Lords, including the noble Baroness, Lady Blower, the Government do not prescribe the curriculum of ITT courses beyond this and we have no plans to do so. It remains for individual providers to draw on their own expertise to design courses of high quality that are based on evidence and appropriate to the needs of trainees and to the subject, phase and age range that they will be teaching.
In response to the question from the noble Lord, Lord Storey, about training, child development and dyslexia, the core content framework sets out a minimum entitlement of knowledge, skills and experiences that trainees need to enter the profession in the best position possible to teach and support pupils to succeed, including pupils identified within the four areas of need set out in the SEND code of practice.
On a point raised by the noble Lord, Lord Knight of Weymouth, and others, I reassure the House that the Government have no plans to remove certain types of providers from the ITT market. The market is formed from a rich tapestry of provision and partnerships, as we have heard this afternoon, including higher education institutions and school-based providers, and we want to retain this diversity in the future. We value the choice this offers trainees, and our objective is not to reduce the range of ITT providers but to ensure that supply is of the highest quality it can be.
There have been some calls to pause the review or, from the noble Lord, Lord Knight, to cancel it altogether. He will not be surprised that that is not in the Government’s plans. We know that there have been particular pressures and we are very grateful to ITT providers for what they have achieved during the pandemic. However, we believe that supporting our teachers with the highest-quality training and professional development is the best way that we can improve pupil outcomes.
That said, as we develop our response to the report, we are considering the timescales for implementation and will ensure that we allow reasonable time for ITT partnerships to implement any of the review’s recommendations that we take forward.
My noble friend Lord Lexden asked about the compulsory reaccreditation of suppliers. The review report recommends that an accreditation process is the best way in which to implement the recommended quality requirements. If any of the recommendations are accepted, we will proceed carefully to maintain enough training places to continue to meet teacher supply needs across the country. I can reassure the noble Lord, Lord Watson, that the accreditation process will indeed be open, transparent and equitable.
There is agreement across all involved in initial teacher training that mentors play a pivotal role in providing trainees with strong professional support and subject-specific support—points that my noble friend Lord Kirkham made. Ian Bauckham’s report identifies effective mentoring as a critical component of high-quality ITT and makes a number of recommendations about the identification and training of mentors. Alongside mentoring, school placements are critical to teacher training. It is right that people training to become a teacher spend the majority of their time based in schools. That is why having enough high-quality school placements is fundamental to ensuring the quality and sufficiency of teachers entering the system each year.
I am puzzled by the suggestion of the noble Viscount, Lord Hanworth, and the noble Lord, Lord Knight, that schools will be put off from employing early-career teachers. Certainly, in my conversations with schools that are involved in initial teacher training and the teaching school hubs, they feel that this is a fantastic opportunity to build the culture of their school or multi-academy trust into that initial training. They believe that this will help give those teachers the best start to their careers and improve retention.
As we consider our response to the recommendations we are, of course, very aware of the need to protect teacher supply. Many noble Lords, including the noble Baroness, Lady Blower, raised concerns about that. We will ensure that the ITT market has the capacity to deliver enough well-trained newly-qualified teachers to the schools and ultimately the pupils who need them. This will include ensuring that there is good geographical availability of initial teacher training.
The noble Earl, Lord Clancarty, asked about the criteria used for awarding bursaries. Initial teacher training bursaries are offered in subjects where recruitment is the most challenging. In the academic year 2020-21, we exceeded the postgraduate ITT targets in art, in which it was 132%. In response to the question of the noble Lord, Lord Watson, regarding music, the figure was 225%.
The noble Baroness, Lady Coussins, asked about the recruitment of modern foreign language teachers from abroad. As she pointed out and is well aware, EEA and Swiss citizens with settled or pre-settled status under the EU settlement scheme can continue living, working and studying in the UK. In England, that also allowed continued eligibility for home fee status, financial support from Student Finance England and ITT bursaries on a similar basis to domestic students, subject to their meeting the usual residence requirement. There is no limit on the number of international students who can come to the UK to study. For modern foreign languages in 2020-21, 29% of new entrants to postgraduate ITT were from the EEA or Switzerland and 5% were from outside. That overseas/ UK split for modern foreign languages has remained broadly consistent for the past few years.
The noble Baroness, Lady Blower, asked about the new Institute of Teaching, and it will, from September 2022, be England’s flagship teacher development provider. As the first organisation of its kind, it will design and deliver a coherent teacher development pathway, from trainee through to executive headship. It will base its teacher development on the best available research evidence about what works, as set out in the ITT core content framework. There are so many acronyms here—the ECF and NPQ frameworks and the NLE development programme—but I know noble Lords are familiar with all these TLAs. We really believe this will ensure that teacher development in England goes from strength to strength. In answer to the question from the noble Lord, Lord Storey, I say that we are running an open procurement to identify the suppliers that will allow us to establish the institute next year.
I thank all noble Lords for their thoughtful and constructive challenge to the Government’s plans. The response to the ITT review will be published later this year, and I look forward very much to debating this further once that has happened. We also look forward to working with the ITT sector and its partners to ensure that all ITT in England is of the highest quality possible.
Baroness Coussins (CB)
Just before the noble Baroness sits down, could she undertake to write to me with answers to my questions on bursaries, SKE funding and scholarships for MFL trainees?
Baroness Barran (Con)
I would be delighted to write to the noble Baroness and any other noble Lords, where I have not answered their questions.
Baroness Donaghy (Lab)
I thank all those who contributed to this debate for their passion about teacher education and the quality of teachers. I am disappointed by the Minister’s response. “Shortly” presumably means before Christmas, so we could be having another debate on this in the next few days. I am glad she said that there were no plans to remove partners from ITT and that she wants to keep variety. Let us wait and see. If the Government still have decided to keep compulsory reaccreditation, I do not see how that promise can be fulfilled. It sounds to me as if that decision has already been taken not to give in on compulsory reaccreditation. I can only urge for that to be looked at again.
The other thing the Minister said is that the Government would ensure that supply would not suffer, but she did not say how, in light of all those uncertainties. I think it is a “wait and see” for the responses to the consultation. Let us hope they are more positive than her response.
I leave one last bit of advice, if I may, about the Institute of Teaching. When bodies are imposed without the proper institutional framework and belong to other live, organic institutions, they nearly always fail. I would like the Minister to have a look at the history of the Council for National Academic Awards, of which I watched the birth and demise. It is an important lesson when one is creating these artificial institutions run, possibly, by bodies that are not going to be well qualified.
Charities Bill [HL]
Thursday 18th November 2021
(2 years, 5 months ago)
Lords ChamberRead Full debate Charities Act 2022 View all Charities Act 2022 Debates Read Hansard Text Amendment Paper: HL Bill 17-I Marshalled list of amendments for Special Public Bill Committee - (16 Nov 2021)
Special Public Bill Committee
(2 years, 5 months ago)
Other BusinessRead Full debate Read Hansard Text
Arrangement of Business
(2 years, 5 months ago)
Other BusinessRead Full debate Read Hansard Text
The Senior Deputy Speaker (Lord Gardiner of Kimble)
My Lords, Members are encouraged to leave some distance between themselves and others and to wear a face covering when not speaking. Before the start of today’s proceedings on the Charities Bill, it may be helpful if I say a word about the procedure we will follow.
In nearly all respects, our proceedings will be identical to those of a Grand Committee: any Member of the House may attend and speak; Members should stand when speaking; Members may speak more than once to each amendment or Motion; and I will ask the Committee to stand part each clause.
The main difference from Grand Committee is that the Committee may vote on amendments or the questions that clauses stand part of the Bill. If, when I collect the voices, it is clear that there is no agreement, I will call a Division which will take place straightaway. Only Members of the Committee may vote. The clerk will call out each name in alphabetical order and Members should reply “Content”, “Not content” or “Abstain”. I will then announce the result and call the next amendment or Motion.
It may be for the convenience of the Committee if certain sequential amendments are taken en bloc. However, if any Member objects, they must be moved separately to the extent desired. I also remind Members to declare any interests which have not already been declared. Finally, I remind the Committee that we are sitting in public and being recorded.
Charities Bill [HL]
(2 years, 5 months ago)
Other BusinessRead Full debate Read Hansard Text Read Debate Ministerial Extracts
“(2A) For the purposes of this section “amendment” includes the entire replacement of the trusts of the charity.”Member’s explanatory statement
This amendment provides that the power of amendment in proposed section 280A can be used to replace the entire governing document of an unincorporated charity with a new governing document.
Lord Hodgson of Astley Abbotts (Con)
My Lords, since I am not a Member of the Committee, I hope noble Lords will forgive me if I say a few words about why I have taken a particular interest in this sector and this piece of legislation. This comes about because, as long ago as 2005, I was the Conservative Party’s Front-Bench spokesman on what became the Charities Act 2006, which is now the Charities Act 2011. My party was then in opposition, so I was the shadow spokesman and the government Minister on the Bill was the noble Lord, Lord Bassam of Brighton, well known to all of us and a familiar Member of this House.
The 2006 Act represented the biggest shake-up of charity law since 1601. It was a very substantial change and, while it was generally agreed across the House that the sector needed a shake-up, there was a concern about the unintended consequences that might flow from such a big change. We therefore wrote into the Bill, again by consent and with the agreement of the then Labour Government, the need for a five-year review, which I was asked to undertake in 2011. That is really the basis of my interest. This Bill in large measure flows from the work that was done in 2011, which was reported on, looked at and then enhanced and improved by the Law Commission and forms the basis of what we are discussing and approving today.
I want to place on record my thanks for the help I received from what was then the team in the Cabinet Office, now DCMS, led by Ben Harrison who is here today. It was a terrific effort and they were exceptionally helpful. I want to make that very clear.
It is a humbling experience to spend a year looking at the charity sector, because you see what relatively small groups of men and women, with relatively few assets—money, plant, equipment or buildings—do at the local level to improve their communities and make the lives of their fellow citizens better. I therefore felt that there were three things we ought to try to achieve. First, we wanted to have lines of authority and responsibility that were as clear as possible, from the commission and within the 170,000 registered charities. Secondly, because many of those charities are pretty small, we wanted to be deregulatory, as far as possible. It was important, in my view, that people should spend their time on public benefit and not on filling in forms. That is the origin of the phrase that I have heard being used in evidence sessions in Committee of “getting the barnacles off the boat”. Thirdly, overarching this was the need to maintain public trust and confidence in the sector, without which all is lost.
I am sorry for taking a minute or two. I do not want the Committee to think that I am whingeing about the Bill. It is an excellent Bill and I support it very thoroughly. I have a certain avuncular interest in its success, but there are some improvements that we could make and to these I now turn.
When you are known to have undertaken a review of a sector like the charity sector and a piece of charity legislation comes along, you are fair game for a bit of lobbying. Everyone tips up and says, “Have you thought about this? Have you thought about that?” I suppose between 15 and 20 groups came to me about various points in the run-up to Second Reading. I said to them, “That’s absolutely fine, but I’m carrying a spear at the back of the stage on this now. I no longer have any influence on this at all. I’m just a normal Back-Bencher. You need to talk to the Bill team.” My noble friend Lord Parkinson’s predecessor, my noble friend Lady Barran, very kindly arranged for us to meet the Bill team, talk about it and give their details, so I said to each of the people who approached me, “Go to the Bill team and, if you don’t have any satisfaction, then of course come back to me. I’ll be pleased to try to see whether we can get clarity and/or satisfaction.”
Of the bodies that came to approach me only one came back, and this is the subject of these amendments. It was brought to my attention by solicitors acting for the Spilsby Grammar School Foundation, which is a registered charity but an unincorporated association—quite a rare form, but nevertheless one that does still exist. The foundation was created in 1994 to administer the property and funds connected with King Edward VI Grammar School in Spilsby in Lincolnshire. It is a grant-making charity and is not connected with its successor school, the King Edward VI Academy.
The charity is governed by a scheme put in place when it was set up in 1994, and its provisions are now very out of date. Individuals named are no longer alive. Property specifically referred to in it is constitution is no longer owned. Organisations have changed their names and the charity wishes to update its constitution. The trustees were very surprised when, earlier this year, the Charity Commission stated that it was not possible for a charity governed by a scheme—that is to say an unincorporated association—to replace that scheme by a constitution. The Charity Commission said, “A scheme is a narrative of the charity at the moment in time when it was made.” It further said that a schedule detailing the property, all of which was sold prior to 2009, does not require removal from the governing documents. This does not seem a very sensible way of proceeding. The solicitors to the trust said that they were aware of a handful of other foundations in a similar position.
To make it clear, nobody, certainly not I, is suggesting that the trustees of the Spilsby foundation should be free to make whatever changes they feel necessary without the appropriate permission from the Charity Commission. What do I mean by “appropriate”? It depends on precisely the level of importance of the changes you are making, in particular when they are to what are called protected clauses, which are the essence of the rationale and purpose of the individual charity. Clearly, where you are going to change major items of the constitution affecting its purpose, then you will need a higher level of permission.
Amendment 2 deals with a situation where you are dealing with issues that are merely changes of wording: they make no change to the underlying purpose of the charity but just change the wording. What might I mean by this? For example, a lot of charities have words such as “servicemen” in them. We do not have just servicemen anymore; we now have service men and women, so we need to change that to “service personnel”. In many charities, for example, what we would now describe as being disabled is described as “invalid”, which as a term has become slightly pejorative. So you are making changes to bring the document up to date with modern parlance. That is Amendment 2.
But Amendment 1 is where we deal with the wholesale replacement, which, according to the commission’s email on 21 January, is not currently permissible. This is to keep the protected clauses up to date and, obviously, can be done only with the full consent of the Charity Commission.
So when my noble friend the Minister comes to reply, there are three things I think he might say. One is that the Charity Commission was wrong in its interpretation, when it wrecks the Spilsby Grammar School Foundation, and there are ways in which it can update its constitution. The second is that the Government recognise that there is a problem and will take it on board and bring forward some suggested amendments at the next stage of the Bill’s proceedings. I hope that he will say one of those two things. The third thing he might say is that this is all too difficult and the boat has sailed so we must wait until it comes along next time and, in the meantime, Spilsby will have to work with the presently rather unsatisfactory situation. I hope that he will not say that but, with that, I beg to move.
Baroness Barker (LD)
My Lords, it has been a real privilege to be part of the Committee for this Bill and, in particular, to have been part of the special evidence sessions that we had, because this is a Law Commission Bill. As the noble Lord, Lord Hodgson, has just demonstrated, this is fiercely technical, arcane law governing very rare situations.
In the original proposals that were put forward, the Law Commission explained that in its recommendations it was trying to take several hundred years of charities’ existence in different forms and formats and try to bring some of the law that applies to charities of different formats—particularly unincorporated charities, as differentiated from incorporated charities; charities can be incorporated in a number of different forms—to try to bring the process of amending governing documents much more into line, so that a trustee in any charity would have a clearer idea of how they could go about amending their charity’s governing document. The Law Commission had to go back through all sorts of different statutes that have led us to the point where we are now in charity law. It readily admitted that, if you were going to invent a way of doing this in future, you would not start from where it had to start.
The Law Commission put in place what it saw as a new way of enabling charities to amend their governing documents. Part of our job today is to try to explain that to people who are not steeped in all the detail of it. What we are talking about, by and large, is charities not changing the purpose for which they exist but changing the ways in which they achieve that purpose. In the case that the noble Lord, Lord Hodgson, set out, he is right that, when a major change concerns the disposal of property, that is a very significant change. Our evidence from the Law Commission said that there is a particular problem in cases such as the one cited by the noble Lord where there may not be a dissolution clause in a very old constitution. Therefore, in order to achieve some kind of disposal of property, it is not possible for the charity simply to dispose of that property and merge with another charity. However, the Law Commission says that it is, and that what it has come up with is a simplified way of doing this. Some charity lawyers disagree with the way in which the Charity Commission has gone about seeking to do that; this is the issue that the noble Lord, Lord Hodgson, has alighted upon.
Lord Ponsonby of Shulbrede (Lab)
My Lords, I shall talk very briefly to this amendment. I agree with the noble Baroness, Lady Barker, that it is a privilege to be part of this technical Bill. It is one where I suspect that I, among other lay Members of this Committee, have learned a lot. I also thank the noble Lord, Lord Hodgson of Astley Abbotts, for introducing this amendment. He has explained a particular problem that is a big problem for a small number of charities. I understood that to be the problem that he outlined. The potential solution is not agreed between the Law Commission and certain specialist lawyers. Whether there is a way out of the problem through either dissolution or merger of the charity is something on which there is no overwhelming consensus.
I do not know what plans the noble Lord, Lord Hodgson, has for his amendment at either this or later stages of the Bill. I shall listen to the Minister’s response to the issues raised by the noble Lord and then take a view, depending on what he does at a later stage.
The Parliamentary Under-Secretary of State, Department for Digital, Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)
My Lords, before responding to this group of amendments, I first extend my best wishes to the noble and learned Lord, Lord Etherton, who has so ably chaired this Special Public Bill Committee so far. I hope he gets well soon and is back with us swiftly.
I thank my noble friend Lord Hodgson of Astley Abbotts for tabling Amendments 1 and 2 to Clause 3 and for the way he set out not just the amendments but, helpfully, the background to the Bill’s importance to charities and the people it will affect. Of course, he has long-standing interest and experience in this important area.
On my noble friend’s Amendment 1, which would insert a new subsection (2A) at line 9 on page 3 of the Bill, we consider that new Section 280A can be used to replace all the stated governing document in its entirety, with Charity Commission consent in respect of the particular provisions that fall within Section 280A(8). We do not think that a legislative solution is necessary and, as has been noted, this view is supported by the Law Commission and the Charity Commission—we have discussed the issue with both of them. I am grateful to my noble friend for raising this point, as it has prompted us to consider ways in which we can make the position clearer, but I hope that, on that basis, he will feel able to withdraw his Amendment 1.
On Amendment 2, which would insert subsection (9A) at line 14 on page 4 of the Bill, although my noble friend again makes an important point, we can in fact already achieve what the amendment sets out to do under the clause as it stands. Under the Bill, the Charity Commission’s consent is required for an amendment that would alter any unincorporated charity’s purposes. That is equivalent to one category of regulated alterations for charitable incorporated organisations, which requires the consent of the Charity Commission. By way of comparison, the Charity Commission currently treats amendments to the purposes of charitable incorporated organisations of the same type referred to in the amendment as not being a regulated alteration and therefore not requiring Charity Commission consent. Given the similarity between the statutory provision concerning charitable incorporated organisations and the new Section 280A(8)(a), the same approach would be taken in relation to changes to unincorporated charities’ purposes. Therefore, Section 280A(8) as it stands already looks at substance over form, and an amendment to a governing document would require Charity Commission consent only if it makes a substantive change, not if it is a pure drafting change. I hope that provides reassurance to noble Lords. As with the previous amendment, this is a view supported by the Charity Commission and the Law Commission.
However, I thank my noble friend for keeping us on our toes and for rightly probing this issue. Of course we want the situation to be clear to everybody who will be affected by the new law, so we will consider whether the Explanatory Notes could be expanded on this point to make that clearer. I hope that, on the basis of that reassurance—not the third of the options that my noble friend outlined in his opening speech but looking again at the Explanatory Notes to make this clear to all concerned—he will feel able not to press his Amendment 2.
Lord Hodgson of Astley Abbotts (Con)
I am grateful to the noble Baroness, Lady Barker, and the noble Lord, Lord Ponsonby, for their contributions. My noble friend the Minister has, of course, elegantly found a third way: it was not that the Charity Commission was wrong; it was not that we need to produce some new change to the Bill; there are powers within the Bill as it stands to find a way around the problem through Section 280A and ancillary provisions. I talked about getting barnacles off the boat, and this was certainly a barnacle. I will reflect on this, talk to the people from Spilsby, who are obviously at the front line of this to see if they have any comments. In the meantime, I beg to withdraw the amendment.
“(4) No regulations under subsection (3) may be made unless a draft of the regulations has been laid before and approved by a resolution of each House of Parliament.”Member’s explanatory statement
This amendment, recommended by the Delegated Powers and Regulatory Reform Committee, would require the regulations under subsection (3) of section 285 of the Charities Act 2011 (inserted by Clause 12 (amount permitted to be borrowed from permanent endowment and time limit for re-payment)) to be made pursuant to the affirmative resolution procedure.
Lord Ponsonby of Shulbrede (Lab)
My Lords, the noble and learned Lord, Lord Etherton, has asked me to move his Amendment 3 and has provided me with speaking notes, which I will read out. I would like to send my best wishes to the noble and learned Lord and hope that he comes back to our proceedings as soon as possible.
Amendment 3, as set out in the brief explanatory note included in the Marshalled List, is in accordance with the recommendation of the Delegated Powers and Regulatory Reform Committee’s fifth report of Session 2021-22. Clause 12, which introduces new Sections 284A, 284B, 284C and 284D to the Charities Act 2011, creates a new statutory power for a charity to borrow a limited amount from the permanent endowment subject to repayment. Borrowing is limited to the permitted amount, as defined in Section 284B by reference to a formula in new Section 284B(1), and must be repaid within 20 years, as required under new Section 284A(2)(b), under the current provision in Clause 12(3) of the Bill.
Those two matters can be amended by regulations made pursuant to the negative resolution procedure. Clause 12(3) is one of five provisions in the Bill providing for regulations to be made by negative resolution where the appropriateness of the negative procedure has been questioned by the DPRRC. The DCMS response was that the powers are narrow in scope and use of the negative procedure merely follows the practice in the 2011 Act. There are three answers to that response. First, the fact that the negative resolution procedure is mostly used in the 2011 Act does not warrant the negative resolution in every case in the Bill. Secondly, there are provisions in the 2011 Act that stipulate the affirmative resolution procedure—see Sections 348 and 349. Thirdly, the regulations in Clause 12(3) are to be contrasted with regulations that are directed merely to changes in the value of money over time. As to that, the 20-year repayment stipulation is not a financial or threshold amount. No doubt it is for that reason that in his oral evidence Professor Hopkins of the Law Commission accepted that Clause 12 was not like other provisions in the Bill which provide for financial limits to be altered by regulation.
As to the calculation of the permitted amount, it is to be noted that the DPRRC said that greater weight should be given to the exceptional case of Henry VIII powers subject to the negative resolution procedure than to consistency with the existing approach in the 2011 Act; that in such cases provision for the negative resolution procedure to apply is to be treated as exceptional and requires a full justification to be given; and that, critically, unlike a power to amend the financial limit or threshold limit to uprating for inflation, the power in the Bill to amend the permitted amount that can be borrowed from the permanent endowment is not limited in any way and, in particular, is not limited to making changes to reflect changes in the value of money. I beg to move.
Lord Hodgson of Astley Abbotts (Con)
My Lords, I urge the Government and/or the Committee to accept this amendment and in doing so I, too, send my best wishes to the noble and learned Lord, Lord Etherton, for a speedy recovery. I am sorry he is not here to speak to his amendment.
The issue of permanent endowment is critical. It sounds highly technical, but it is critical because if you give a sum of money for the future, you may not wish your successors after you have died to spend it all. You may wish to have a permanent lump of money that will go on creating, looking after and fulfilling the public benefit you had in mind when you gave your funds in the first place. It is a key issue of a donor’s wishes as expressed in the way that the charity is set up. That is one problem.
The other half of the problem is that times change. The numbers get quite small because of inflation and the nature of the purposes to which you wish to put your money become outdated. We therefore need to find a way to balance this, but it is important because a person’s wishes as expressed in their will are a critical part of our society, so issues such as this require the affirmative resolution. Of course, we need to be able to change things to reflect inflation and so on, but it needs as high a level of scrutiny—of regulation—as we can offer. There are arguments about whether any level of secondary legislation scrutiny is good enough, but that is for another day. What is important is that we should have the highest possible level of scrutiny for this type of change that is available in the present regulatory structure.
Lord Parkinson of Whitley Bay (Con)
My Lords, I am grateful to the noble and learned Lord, Lord Etherton, for tabling this amendment and to the noble Lord, Lord Ponsonby of Shulbrede, for moving it in his absence. I had a very helpful conversation with the noble and learned Lord, Lord Etherton, yesterday and am grateful to him for his time.
By way of background, there are six financial thresholds in the Bill, which directly or indirectly ensure proper regulatory oversight of charities by the Charity Commission. These thresholds can be amended by secondary legislation to ensure that they remain at an appropriate level, based on how they are working in practice and on changes in inflation. The Delegated Powers and Regulatory Reform Committee of your Lordships’ House recommended that any future amendment of these thresholds should be subject to the affirmative, rather than the negative, parliamentary procedure. This means that there would need to be a parliamentary debate any time the Government sought to amend these thresholds.
The department rejected the committee’s recommendations because the powers are narrow in scope and the negative procedure would be consistent with similar amendment powers that already exist in the Charities Act 2011. However, we recognise the difference between the delegated powers in Clause 12 and the delegated powers in the other five clauses that were discussed in the report. The powers in Clause 12 vary the proportion of permanent endowment that may be borrowed and the period over which such borrowing must be repaid; the other delegated powers are concerned with amending monetary sums.
I can see how this amendment to change the parliamentary procedure from the negative to the affirmative for the thresholds in Clause 12 would work in principle, and I am grateful to the noble and learned Lord and the Committee as a whole for putting this suggestion forward. I thank noble Lords who have made the case for it again today and acknowledge the points they have made. I will take them away and consider them carefully, and I expect to return to this issue on Report but, for now, I invite the noble Lord, Lord Ponsonby, on behalf of the noble and learned Lord, Lord Etherton, to withdraw his amendment.
“Consent for the taking of charity proceedings
In section 115 of the Charities Act 2011, after subsection (4)(b) insert —“, or(c) if, within 60 days of the receipt by the Commission of a request for consent, the Commission has neither granted nor refused consent, in which case consent will be deemed to have been given.””Member’s explanatory statement
This amendment specifies an exception to the prohibition in section 115 of the 2011 Act on taking charity proceedings without authorisation by the Charity Commission. The exception is where the Commission has failed to respond within 60 days to a request for consent, in which case consent will be deemed to have been given.
Lord Ponsonby of Shulbrede (Lab)
My Lords, similarly, I will be reading out the comments that the noble and learned Lord, Lord Etherton, has supplied me with on Amendment 4.
Section 115(5) of the 2011 Act provides that, if authorisation of the Charity Commission is required to take charity proceedings and it is refused, leave to take proceedings may be obtained from a judge of the Chancery Division of the High Court. There is a problem, however, with obtaining a timely decision of the Charity Commission one way or the other, as no application may be made to the Chancery Division for leave until the Charity Commission has made a decision to refuse authorisation. The result of delay by the Charity Commission in making a decision is that there may be a lengthy period of uncertainty and enforced inactivity.
This amendment addresses that problem by imposing on the Charity Commission a time limit of 60 days for refusal of authorisation. This is a typical time limit under the provisions of the 2011 Act, such as Sections 270 and 271 on a resolution to transfer all the property of a charity to take effect at the end of the period of 60 days, unless the Charity Commission notifies the charity before the expiry of the 60 days that it objects to the resolution, and Sections 277 and 278 on a resolution to modify the purposes of the charity to take effect at the end of the period of 60 days, unless the Charity Commission notifies the charity before the expiry of the 60 days that it objects to the resolution. Under Clause 11(3) of the Bill, where there is a resolution to spend the endowment fund of a charity under Section 282 of the 2011 Act, the commission is to state within 60 days whether it concurs with the resolution or not. If it fails to do so, the fund or relevant portion of it can be expended free of the restrictions that would otherwise apply. I beg to move.
Lord Parkinson of Whitley Bay (Con)
I am grateful to the noble and learned Lord, Lord Etherton, for his proposed amendment and again to the noble Lord, Lord Ponsonby, for speaking to it. It is important that we consider both the concern that the amendment seeks to address and the practicalities of implementing such a suggestion.
We are not currently aware of any particular issue with the amount of time taken by the Charity Commission to respond to applications to pursue charity proceedings. There was mention during the evidence sessions which the committee has heard of some perceived delays at the Charity Commission, but I do not think they were in relation to decisions under Section 115. If an issue were raised in relation to the time taken by the Charity Commission for these considerations, that could be looked at without the need for legislation, for example by looking at internal processes.
By way of background, requests for Section 115 charity proceedings are rare. The Charity Commission’s consideration of such requests is often complex, being different from that of other requests of the Charity Commission, which tend to be more transactional in nature. Charity proceedings relate to the internal or domestic affairs of a charity. There are a number of considerations in relation to such requests that the Charity Commission must resolve, as set out in its guidance. The Charity Commission has therefore raised concerns about the appropriateness of a statutory timescale.
To illustrate one such complexity, these applications do not always result in either a grant or refusal of consent. In order to protect charitable funds, the Charity Commission tries to see whether there are routes the charity can take to avoid going to court. This has previously led to the charity resolving the issue itself, or the Charity Commission using its powers, such as by making an order or providing an action plan to resolve the issue.
The need for Charity Commission permission is intended to protect charitable funds and the courts from claims that have no reasonable prospects of success or which could be addressed more appropriately in other ways. It is also important for the Charity Commission to be satisfied that it is in the best interests of the charity that the matter be adjudicated on by the court. For the most part, these cases relate to internal disputes. While these issues can be complex and involve a lot of information, they also typically relate to one charity and therefore have a low impact on the sector as a whole.
The issue with having a timescale imposed on the Charity Commission for a decision of this nature, when no equivalent timescales are imposed for other Charity Commission decisions, also means that resolving these requests may become a higher priority for the commission than other higher-risk or higher-impact work. This would not be conducive to the Charity Commission’s role as a regulator of the sector when taken in the round.
If after a certain time cases were automatically to proceed to court without the consent of the Charity Commission, we would be concerned about the potential for court time and costs being spent on unnecessary or meritless claims. There is also the issue of cases where the Charity Commission has not received enough information to make a decision, which often happens with such requests, and further information or advice may also be sought by the commission following legal referrals. We are therefore apprehensive about the implementation of the 60-day time limit proposed and would invite the noble Lord to withdraw this amendment too, but we have heard the points of concern which have been raised and will of course reflect further on them.
Lord Ponsonby of Shulbrede (Lab)
I thank the Minister for responding to the points that I read out on behalf of the noble and learned Lord. The gist of his response, as far as I understood it, was that he was not aware of any particular issues, and internal processes could be adapted to meet this problem. I too have spoken to the noble and learned Lord, Lord Etherton, in the past couple of days. He said to me that he thought it was self-evident that there was a problem. He will no doubt read the Minister’s response with interest and the various reasons for which the Charity Commission is resisting this amendment. If more evidence is readily available, I am sure he will bring it to the Minister’s attention. In the meantime, I beg leave to withdraw the amendment.
“References to the Tribunal
(1) In section 325 of the Charities Act 2011, in subsection (2), for “with the consent of the Attorney General” substitute “where the Commission has given the Attorney General 28 days’ notice of its intention to make such a reference”.(2) In section 326 of the Charities Act 2011, in subsection (1), at the end insert “provided the Attorney General has given the Commission 28 days’ notice of his or her intention to make such a reference”.”Member’s explanatory statement
This amendment implements the Law Commission's recommendations that the Charity Commission should not be required to obtain the consent of the Attorney General before making a reference to the Tribunal and vice versa.
Lord Hodgson of Astley Abbotts (Con)
My Lords, I come to my second set of amendments. This is not a barnacle; it is an issue of principle. What a panoply of talented people have been good enough to put their names to the amendment: a past Front-Bench spokesman from the Labour Party; the current Front-Bench spokesperson for the Liberal Democrats; and, on my right, last but not least, my noble friend the immediate past chairman of the Charity Commission.
The amendment concerns an issue on which the Committee took a lot of evidence, which I sat in on and listened to with interest. I do not want to repeat all that, except to say the following: the man in the street would undoubtedly think, in so far as he thought about it at all, that the Charity Commission was an independent, stand-alone regulator responsible entirely for the proper behaviour of the 170,000 or so charities whose activities reach into every corner of our national life. Why do people think this? In part, it is because of the way in which the media report on the commission: investigating, adjudicating and disciplining the sector for which it is responsible. There is no suggestion of any second-guessing in that.
If you were to probe further, that idea would be reinforced. Section 13(4) of the Charities Act 2011 reads:
“In the exercise of its functions the Commission is not subject to the direction or control of any Minister of the Crown or of another government department.”
That is pretty clear, but, of course, subsection (5) has some weasel words:
“But subsection (4) does not affect … any provision made by or under any enactment”
or
“any administrative controls exercised over the Commission’s expenditure by the Treasury.”
You get the impression that this is about money, so you can understand why the Treasury does not want the commission to be able to run away with the cheque book.
The implications of this were discussed in our proceedings on the Bill. There were no clear conclusions, except that it was a knot that would need untying at some point. As I undertook my review, the complexities and problems of the knot became more apparent because, as we know, Section 325 of the 2011 Act requires any attempt by the commission to seek clarity on a point to law to do so only through the Attorney-General. This means that there is a second-guess of the Charity Commission. The commission will seek interpretation of these important points only rarely; in my view, this decision and the continuing position of the Attorney-General have led to a number of important consequences.
First, it means that there is no longer a clear chain of responsibility and command—one thing that I think is important in the sector. Indeed, the noble and learned Lord, Lord Etherton, put his finger on that point in the evidence session with the Minister, the noble Baroness, Lady Barran, when he said straight up that this means that there are two regulators. He was completely right. Secondly, this undermines the commission’s authority and can prevent it obtaining clarity in the operation of charity law. Thirdly, and most unattractively, it can serve to encourage individual charities to take on the commission. We shall come to an example of that in a minute.
These points were made to me and to the team when the review was being compiled. There was plenty of evidence for them. However, there was a contrary point of view that there could be a risk that the Charity Commission would be rushing off to the tribunal too often. One has to recognise the force of this point.
Lord Ponsonby of Shulbrede (Lab)
My Lords, I shall speak to Amendment 6 in this group. Again, I shall read out the comments given to me by the noble and learned Lord, Lord Etherton. I may speak again at the end of the group, once I have heard the responses from other noble Lords in the Committee.
Amendment 6 is in consequence of the Government’s rejection of the Law Commission’s recommendation that the Charity Commission should not be required to obtain the Attorney-General’s consent before making a reference to the charity tribunal, as currently required by Section 325(2) of the 2011 Act. The Charity Commission and the Attorney-General should be required to give the other four weeks’ advance notice of any intended reference.
Baroness Barker (LD)
My Lords, in the course of deliberations on the Bill, we have focused, rather predictably, on the Law Commission recommendations rejected by the Government. This is the most important of those. We spent a great deal of time on this in the Committee listening to the Minister and the Attorney-General, talking to the Law Commission in great detail about why it came to the conclusions and put forward the proposals that it did and talking to the witnesses.
A compelling witness was Dr Mary Synge, a specialist academic researcher in charity law. She put forward to us the argument that the reasons for keeping the Attorney-General’s veto on the Charity Commission making a reference to the tribunal were quite weak. The noble Lord, Lord Hodgson, referred to some of them, but one that was particularly weak was that the Attorney-General is part of the legal system; that does not seem a good enough reason to indicate how they add to regulation by the Charity Commission.
The Government’s second reason was the need for consistency in the Attorney-General fulfilling her duty to protect charitable interests. Back in 2006, a case was made during the passage of that Charities Bill that we must at all costs avoid duplication by the Attorney-General and the Charity Commission. The amendments put forward today deal quite effectively with that. There are strong reasons to do that. There are strong reasons to allow the Charity Commission not to have to go through the Attorney-General. The Charity Commission is the effective regulator of charities. It has to be clear on the nature of the charity law that it is to apply. If, as in the cases outlined, the effect of the Attorney-General’s refusal is that the Charity Commission is left in doubt about what charity law is, that cannot be right.
Given that the Charity Commission has the overall duty to make sure that the administration of charities is effective and legal, we should not put this block in its way. It is important that we make sure that the Charity Commission has permission to make a reference without reference to government—therefore, completely away from political interference of any kind. These amendments avoid duplication. They do not prevent the Attorney-General fulfilling her duty in any way. They simply allow the Charity Commission to get on with part of its job, which is to clarify charity law in a timely and effective way. I see no reason to object to either of these amendments which seek to do that.
Baroness Stowell of Beeston (Con)
This is the first time I have spoken on the Charities Bill since it was first introduced to your Lordships’ House. I must declare a recent, albeit ceased, interest, to which my noble friend Lord Hodgson has already referred: I was chair of the Charity Commission until the end of February this year. I became chair of the Charity Commission at the end of February 2018. One of the first things I did—it was certainly the first letter I wrote —was write to the then Civil Society Minister asking the Government to adopt the Law Commission’s recommendations and to bring forward a Bill. The fact that the Government decided to bring it forward a few weeks after I had left perhaps illustrates just how influential I was when I was chair of the Charity Commission—I hope not, anyway.
I am very pleased to add my name to the amendment that my noble friend Lord Hodgson has tabled. I want to add some comments to those he has made. After I had written the then Civil Society Minister about the importance of the Law Commission’s recommendations, I regularly raised the matter with DCMS. During 2020, I lobbied DCMS Ministers particularly on the merits of the Bill because of its modest deregulatory measures.
The pressures that charities were under last year, and many are still under a lot of pressures now, made the reason to bring this Bill forward even more compelling. Like my noble friend Lord Hodgson, I want to make it clear that I am delighted that the Government have done so, and they have my wholehearted support for the Bill.
However, I do not understand why, in a Bill that is about deregulation and removing unnecessary burdens on charities, the Government have not adopted the Law Commission’s recommendation to relieve an unnecessary bureaucratic burden on the Charity Commission itself. We have heard this morning that the Members of this Special Public Bill Committee have received evidence from a lot of witnesses over the past few months, but none the less I still feel it necessary to say that I sometimes think that, in general, people see the commission as almost a charity itself, run by well-meaning volunteers. The Charity Commission is the regulator of a sector with an annual turnover of £84 billion. The combined property, assets and investments that it regulates add up £250 billion.
To put that turnover in context, it is five times the size of the UK’s television revenues, which are regulated by Ofcom. I know that Ofcom regulates far more than just television, but even if we look at the banking industry, regulated by the FCA, we see that £84 billion of turnover does not pale into insignificance, because the annual income of the UK banking industry is £124 billion, or so it was a couple of years ago. So the charity sector is not a minnow. Whereas the FCA regulates 50,000 financial entities, which are varied, the Charity Commission regulates 170,000 charities—that is only those that are on the register; tens of thousands more are exempt—and they range from, as we have heard, cultural institutions, university colleges, professional bodies and public schools through to small local community groups.
The commission is run and staffed by professionals who understand charity law and ensure that it is applied, but they do more than that. They represent the interests of the public to charities, and not the interest of charities to the public. I am proud to say that the Charity Commission is probably the least technocratic public body that exists. It does not regulate for the sake of it; it is motivated only by ensuring that charity can maximise its benefit to society. That means that it also has to ensure that people can be confident and have trust in charities to operate in the way they say they do.
The Charity Commission’s most recent annual report shows its success in the courts when anyone has sought to appeal against its findings. Operationally, the Charity Commission has been transformed in the past few years. Clearly, it is still on a programme of improvement which will never stop; it is an organisation that is continually seeking to improve. However, if it is to meet public expectations—and people have a right to have expectations of a regulator which exists to represent their interests—many of the improvements that still need to be made rely on it having more powers to take action against wrongdoing more swiftly and in a way that leads to less bureaucracy.
That the Government consider it necessary to retain the arrangement whereby the commission needs the permission of a Minister, albeit the Attorney-General, to refer a matter to the tribunal to get clarity on a point of law beggars belief. I really hope that the Committee will support the amendment that I have put my name to.
I note that the noble and learned Lord, Lord Etherton, has tabled an alternative amendment. When the noble Lord, Lord Ponsonby, comes to respond, can he advise what protection there would be in the approach suggested by the noble and learned Lord—that is, in the 60-day period that is suggested—to avoid a situation where the Attorney-General might say, “You need to think about it a bit more”? Basically, would the clock keep getting reset? As noble Lords have already heard from the noble Lord, Lord Hodgson, in the context of the Royal Albert Hall, the Charity Commission has experienced, certainly for the past few years, a never-ending prevarication in terms of any decision being made by the Attorney-General.
Lord Ponsonby of Shulbrede (Lab)
My Lords, I will respond to the question asked of me by the noble Baroness, Lady Stowell. From reading the Member’s explanatory statement, it seems that the objective of the amendment in the name of the noble and learned Lord, Lord Etherton, is to avoid the clock being reset every 60 days. Nevertheless, I will draw the noble Baroness’s question to the noble and learned Lord’s attention so that he can respond to her.
Baroness Stowell of Beeston (Con)
I am grateful to the noble Lord. Sorry, my point was this: what would happen if the Attorney-General responded during the 60-day period with an acknowledgement that the clock would not start again at that point? This is not about getting to the end of the 60 days but about continuing to restart the clock during those 60 days.
Lord Ponsonby of Shulbrede (Lab)
I thank the noble Baroness for that clarification. I understand her point: she does not want a “never-ending prevarication”, to use her words. I will draw her question to the attention of the noble and learned Lord, Lord Etherton, so that he can respond to her.
Lord Parkinson of Whitley Bay (Con)
My Lords, I thank my noble friend Lord Hodgson of Astley Abbotts for tabling this amendment and the other noble Lords who put their names to it. As the Committee knows, when we responded to the Law Commission’s report in March the Government rejected the recommendation that the Charity Commission should be able to make a reference to the charity tribunal without first having to get consent from the Attorney-General.
Having noted the oral and written evidence taken by the Committee, we remain of the view that the Attorney-General’s consent function represents an important check in the system. As the noble Lord, Lord Ponsonby, noted, the evidence received by the Committee underlines the difference of opinion that exists among experts with regard to the Attorney-General’s consent requirement for references to the tribunal. This difference strengthened our conviction that the role of the Attorney-General as the constitutional protector of charities is important, and that this is a different role from the regulatory function of the Charity Commission. It is a mechanism that we feel must be protected.
I am grateful to my noble friend Lady Stowell of Beeston for her support for the Bill. Indeed, this is a Bill that she advocated during her time as chair of the Charity Commission. She is right to point to the excellent work it does in this important sector, but we see this mechanism as not an obstacle for the Charity Commission but rather a safeguard for it. The mechanism is already narrowly drawn, and a second opinion prior to the tribunal can help filter out claims that are not in the public interest before they burden the tribunal and, potentially, the charity in question if applicable to that case.
The Charity Commission may refer to the tribunal questions that have arisen in connection with the exercise of its functions which involve the operation of charity law or its application to a particular state of affairs. The requirement for the Attorney-General’s consent reinforces this approach.
The Charity Commission has an array of statutory functions, the vast majority of which it performs without the involvement of the Attorney-General. The two referrals that have been made to the tribunal followed close discussions between the Charity Commission and the Attorney-General, where both agreed that it was in the public interest to proceed. The Attorney-General’s consent function does not undermine the regulator’s role; rather, it supports and complements it by ensuring that referrals are made to the tribunal only where there is a clear public interest in doing so. That is why the Government cannot support the amendment and why I hope my noble friend will withdraw it.
I thank the noble and learned Lord, Lord Etherton, for his Amendment 6, which proposes a time limit of 60 days for the Attorney-General to make a decision on applications for references to the tribunal. Imposing a 60-day time limit on that decision to give or withhold consent is a suggestion that requires due consideration.
The perceived delay in the most recent case, on the Royal Albert Hall, was due to the particularly complex nature of that case, which can often be the nature of such references. The Royal Albert Hall case was a matter for the Charity Commission and the Attorney-General. The Government support the role of the Attorney-General in making references, given that the Attorney-General values the importance of charity and her role as protector of charities. I recognise the amount of time taken to reach a decision in that case, but it was a very complex issue, illustrated perhaps by the length at which my noble friend set it out. I am glad that the case has now been concluded, and the Attorney-General continues to be grateful for the excellent work the Charity Commission does in regulating charities in England and Wales.
Baroness Barker (LD)
I am sorry, but this is getting a bit Jarndyce v Jarndyce. That case has not been concluded. There has been no clarification on that point of charity law. That is the problem.
Lord Parkinson of Whitley Bay (Con)
I am sorry, I should have said that I am glad that the long saga to which my noble friend referred has come to an end, but these are complex issues. We do not think we should give too much prominence to one case, long and complex though it may be. We do not think we should look to legislate to remove what is an important check and balance in the system on the basis of the evidence from that unique case, but I have heard the points of concern raised by noble Lords not just today but throughout our consideration of this Bill. We will certainly take away Amendment 6 from the noble and learned Lord, Lord Etherton, to consider it further ahead of Report, but I repeat that I hope my noble friend Lord Hodgson will withdraw Amendment 5.
Lord Hodgson of Astley Abbotts (Con)
My Lords, I thank the noble Baronesses, Lady Stowell and Lady Barker, for supporting my amendment and for their powerful interventions. I also thank the noble Lord, Lord Ponsonby. He spoke on behalf of the noble and learned Lord, Lord Etherton, who was kind enough to speak to me over the weekend about his proposal.
Somebody said that the art of the diplomat is to create ladders down which people can climb. With respect to the noble and learned Lord, it seems to me that the law’s gain has been diplomacy’s loss, because a very elegant ladder has been presented to us here. The Attorney-General preserves his power but he accepts restrictions to it of the sort described by the noble Lord, Lord Ponsonby; namely, the 60-day limit—we will possibly need some clarification on that along the lines of what my noble friend Lady Stowell referred to—and on the comprehensive statement referred to in the second part of Amendment 6. When the noble and learned Lord, Lord Etherton, and I discussed this, we noted that it was very important that “not in the public interest” could not be an explanation, because that took us back to where we are now. If the Minister accepts this, we will certainly want to explore with him exactly what a comprehensive statement would mean and how it would work.
I understand and think this is a very elegant mid-way, but it is half a loaf and not full-fat milk, if I may change the analogy. It does not address the central problem of a divided command and the fact that the Charity Commission is beholden to the Attorney-General. The Minister slightly reminds me of one of those subalterns on the Western Front in the First World War. He is in a very desperate position and has sent a message back to the chateau behind the lines saying, “It is pretty tricky out here.” They say, “No, no. You stay there and hold the position to the last man.”
I will pick up just a couple of the things the Minister said, but I will not detain the Committee long. He said that the issue of the Attorney-General did not really affect many of the commission’s objectives. That is not true. The commission’s objectives concern: first, public confidence, which is affected here; secondly, public benefit, which relates to the public schools case; thirdly, compliance, which relates to the Royal Albert Hall case; and, fourthly and fifthly, charitable authorities and accountability. I would argue that in at least three—possibly three and a half—of those, the Attorney-General would take an active interest in points referred to as a result.
I understand the second point about the Royal Albert Hall case being particularly complex, but every one of these cases will be complex. Cases on public schools, religion and poverty will be extremely complex and complicated. None of the things that will rise to the top in respect of the Charity Commission’s position will be easy, because they are difficult moral questions affecting all sorts of views about public values and the way our society operates. I therefore do not accept that the Royal Albert Hall case was particularly complex.
As the noble Baroness, Lady Barker, said, four and a half years in, we do not have a decision. Is it a conflict to profit from the management of an organisation of which you are a trustee and so profit from the decisions you make? Should that be allowed? Since April 2017, the Charity Commission has been waiting to resolve that and the Royal Albert Hall is sailing on unaffected. Maybe that is right and reflects what the tribunal would find, but surely we need to get this resolved, in fairness to the Charity Commission and the sector.
I have gone on long enough today. This is an issue which remains thoroughly unsatisfactory in every way. We are a small group here today and I am not a member of the committee. I will withdraw the amendment, but I serve notice to the Minister that I reserve the right to bring it back when we come to the next stage of the Bill. I also look forward to hearing further about what the Government propose to do in response to the amendment from the noble and learned Lord, Lord Etherton. I beg leave to withdraw the amendment.
Lord Etherton
“References to Tribunal by the Commission
In section 325 of the Charities Act 2011, after subsection (2) insert—“(2A) If, within 60 days of receipt by the Attorney General of a request to consent to make such a reference, the Attorney General has neither given nor refused consent, authorisation will be deemed to have been given.(2B) If the Attorney General refuses consent within such period of 60 days, the Attorney General must publish a comprehensive statement of the Attorney General’s analysis and of the reasons for the refusal.””Member’s explanatory statement
The proposed new subsection 325(2A) of the 2011 Act provides an exception to the prohibition on the Charity Commission making a reference to the Tribunal without the consent of the Attorney General. It provides that where the Attorney General has neither refused nor granted consent within 60 days consent will be deemed to have been given. The proposed new subsection 325(2B) stipulates that the reasons for any refusal of consent must be published.
Lord Ponsonby of Shulbrede (Lab)
My Lords, briefly, I was grateful to the noble Lord, Lord Parkinson, for saying that he would consider Amendment 6. It is put forward as an alternative to Amendment 5. In the memorable words of the noble Lord, Lord Hodgson, it creates an elegant ladder down which the Government can climb. It is not a full-fat but a semi-skimmed ladder, if I can put it like that. I look forward to the results of the Minister’s consideration of the amendment, which I will not move.
“Decision by the Commission under section 67A(4)(b) not to grant written consent. | The persons are- (a) the charity trustees; (b) any other person who is or may be affected by the decision. | Power to quash the decision and (if appropriate) remit the matter to the Commission. |
Decision by the Commission under section 280A(7)(a) to give or refuse written consent. | The persons are- (a) the charity trustees; (b) any other person who is or may be affected by the decision. | Power to quash the decision and (if appropriate) remit the matter to the Commission.”” |
Lord Ponsonby of Shulbrede (Lab)
My Lords, in supplemental written evidence, Professor Nicholas Hopkins, the lead Law Commissioner on the Law Commission’s project on technical issues in charity law, pointed to the list of regulated alterations for unincorporated charities under the proposed new Section 280A(7) to the Charities Act 2011, which adds to the list of regulated alterations for companies in Section 198(2) and for CIOs in Section 226(2). CIOs are charitable incorporated organisations. The commission’s decisions under Sections 198 and 226 to give or withhold consent are appealable. The provision of a right of appeal, in respect of the giving or refusal of consent to a decision under new Section 280A(7), would therefore be entirely consistent with the policy of treating unincorporated charities in the same way as companies and charitable incorporated organisations.
Professor Hopkins went on to say, regarding new Section 67A, that a decision of the Charity Commission under the provision is essentially a specific type of new Section 280A resolution. Therefore, if there is provision for an appeal under new Section 280A, it would also be logical to provide an appeal to a decision under new Section 67A. I beg to move.
Baroness Stowell of Beeston (Con)
My Lords, I will speak briefly on this amendment. I am assuming I have understood it correctly—do not look at me like that, Lord Ponsonby! If I have, the amendment seeks to introduce a right of appeal to trustees, after they have arrived at a resolution on a decision. Under the proposals from the Law Commission, it requires that they go to the Charity Commission for formal approval or refusal. If I understand it, this amendment perpetuates the appeals process. That is in contrast to the Law Commission’s proposal, which is that, at the point that the approval is sought from the Charity Commission on a decision reached by the trustees, it is final. This introduces an extra level of appeal.
I offer a few thoughts on this because, quite often with smaller charities—we are talking about small amounts of money here—the underlying problem is a dispute between trustees. A lot of the commission’s time can be eaten up by disputes between trustees over quite small matters. The Law Commission was trying to remove that or force trustees, on these modest matters, to arrive at a decision on their own and take responsibility in the way they are required to and not, therefore, to allow an ongoing battle.
My fear is that if this appeal process is brought in, it would lend itself to those trustees who will never ever give up. That is why I caution against the amendment. I understand the intention behind it and it is of course well-intentioned, but it brings with it a burden that it might not have meant to. I counsel against it.
Lord Parkinson of Whitley Bay (Con)
I thank the noble and learned Lord, Lord Etherton, for tabling Amendment 7, the noble Lord, Lord Ponsonby, for moving it, and those who raised this issue in the written and oral evidence that the Committee heard. By way of background, new Section 280A will create a new power for unincorporated charities to amend any provision in their governing documents. This brings the amendment powers available for unincorporated charities more in line with those for incorporated charities, supporting the Bill’s policy to create greater consistency for different legal forms of charities. In a similar vein, charitable incorporated organisations and charitable companies both have the right to appeal a decision by the Charity Commission to give or withhold consent to a request to make a regulated alteration to their governing documents.
Lord Bellingham (Con)
The Minister talked about appeal to the Charity Commission. One of the matters the Committee looked at in some detail was the time it took for those appeals to get processed and transacted. He said that he would look at that matter and at some stage report back to the Committee on how he feels we could improve the whole process and speed it up.
Lord Parkinson of Whitley Bay (Con)
I will come to that point.
In addition, new Section 280A repeals and replaces some sections that already carry a right of appeal in respect of Charity Commission decisions, namely Sections 268 and 265. It is therefore clear why the suggestion to give a similar appeal right to unincorporated charities has been put forward in respect of new Section 280A. However, making provision for a right of appeal for Charity Commission decisions under new Section 280A would, first, give unincorporated charities greater appeal rights than companies and charitable incorporated organisations as there are more types of regulated amendment and, secondly, expand unincorporated charities’ existing appeal rights under Schedule 6. Therefore, this is not a simple amendment to agree to and requires further consideration.
A different policy consideration is required for new Section 67A, inserted by Clause 7. Under new Section 67A, trustees will now be able to apply funds from a failed or surplus fundraising appeal for new purposes without Charity Commission consent unless the funds exceed £1,000. This modernises the regime and changes the nature of the Charity Commission’s jurisdiction in failed or surplus fundraising appeal cases.
In cases where Charity Commission consent is required, under this amendment an appeal to the tribunal would be possible if the commission refuses consent. Under the current framework, the commission may be asked to make a scheme to apply fundraising money for similar purposes. A decision not to make a scheme is not currently appealable to the tribunal.
Although it is appropriate for the commission to have a level of regulatory oversight for failed or surplus fundraising appeals being spent on different purposes, the context is different compared with the changing of a charity’s purposes. The general regulatory experience of the Charity Commission demonstrates that fundraising appeal cases are often contentious areas but lower risk in relation to the issues seen in the sector.
Internal charity disputes might occur where there is a disagreement over how money from a failed or surplus fundraising appeal should be used. As is often the case with disagreements, any result decided by the Charity Commission on how those funds should be used might result in one disgruntled party. Making a decision of the commission in relation to a trustees’ resolution under new Section 67A appealable to the tribunal might therefore open the commission up to challenge, time and cost in a way not commensurate to the benefit or risks. The most appropriate avenue of challenge in respect of these Charity Commission decisions might therefore be judicial review, which would be the default position if no new appeal right was listed in Schedule 6.
I would therefore like to take Amendment 7, in relation to the expansion of Schedule 6 appeal rights to cover new Sections 67A and 280A, away to give some more thought to the policy behind these proposed changes and their potential implications. I hope that, while we do, the noble Lord, Lord Ponsonby, will be willing to withdraw the amendment he moved on behalf of the noble and learned Lord, Lord Etherton.
Lord Ponsonby of Shulbrede (Lab)
My Lords, I recognise the concerns raised by the noble Baroness, Lady Stowell. In other parts of my life, I have seen the expensive problem of perpetual litigants for relatively small amounts of money and issues—I do not want to say “petty” issues, because they are not petty for the people concerned—that can go on for ever. Nevertheless, I am grateful to the Minister for agreeing to take this matter away. The noble Lord, Lord Bellingham, mentioned the length of time for appeals. The Minister has said that he will think about this some more, so I beg leave to withdraw the amendment.
“(1) The Charities Act 2011 is amended as follows.(1A) In section 337 (other provisions as to orders of Commission)—”Member’s explanatory statement
This amendment is consequential upon the amendment at page 28, line 31.
Lord Parkinson of Whitley Bay (Con)
My Lords, I will speak to Amendments 8 to 12 in my name. I informed the Committee of these amendments at a private meeting on 20 October and wrote to the Committee following that meeting on 8 November. I will place a copy of that letter in the Library so that noble Lords who are not members of the Committee can see it.
I will speak first to Amendments 8 to 11, all of which are related. They make minor and technical changes to Sections 337 and 338 of the Charities Act 2011 to ensure that the policy intention of the Bill is achieved and that there is no misinterpretation of the law. Before this Committee started gathering evidence, the noble and learned Lord, Lord Etherton, met the Law Commission to discuss the Bill. During that meeting, he raised the issue that Amendments 8 to 11 address. We are grateful that he did so as it has enabled us to work with the Law Commission and the Charity Commission to bring forward these amendments to clarify the position.
Section 337 of the Charities Act 2011 currently gives the Charity Commission a discretionary power to give public notice or require public notice to be given when it makes an order under the Act. The Bill expands that discretionary power so that the Charity Commission can give public notice or require public notice to be given when it provides written consent under certain provisions of the Act. For example, where the Charity Commission is required to consent to the amendment of a charity’s purposes under new Section 280A, the Charity Commission could require the charity to give notice of its proposed change and invite comments from the public. The policy intention is that this public notice requirement may occur before the Charity Commission gives its consent so that it can consider any comments from the public when making its decision.
In its current form, the Bill does not make this as clear as it could be. Amendments 8 to 11 would make sure that this is expressed as clearly as possible. It is important to note that these amendments do not represent any change in the policy of the Bill or the Charities Act 2011; they are simply minor and technical clarifications to remove any chance of misinterpretation in these provisions. Once again, I am grateful to the noble and learned Lord, Lord Etherton, and the Committee for bringing this to our attention.
Amendment 12 would insert a new provision in Schedule 2 to the Bill, making a consequential amendment to the Cathedrals Measure 2021. That consequential amendment is considered appropriate as a result of the provisions in Clauses 10 and 12. Clause 10 makes changes to Section 282 of the Charities Act 2011, which allows charities to release permanent endowment, while Clause 12 creates a new power at Section 284A of that Act to allow charities to borrow from their permanent endowment, with thresholds set on the amount that can borrowed and the timeframe for paying those funds back.
We have been made aware that these provisions may circumvent the intentions of the Cathedrals Measure 2021, which was passed in April this year. That measure provides financial controls in relation to Church of England cathedrals and the funds held by such organisations. It also provides for cathedrals to be jointly regulated by the Church Commissioners and the Charity Commission. After seeing the provisions in the Charities Bill allowing charities to use their permanent endowment more flexibly, the Church Commissioners approached the Government and asked to make an amendment to place an additional safeguard in these two clauses on the use of these powers by Church of England cathedrals to resolve the potential inconsistency that would otherwise arise between the frameworks established in the two pieces of legislation.
Amendment 12 therefore provides that Church of England cathedrals must also seek the consent of the Church Commissioners when seeking to use the powers in relation to Clauses 10 and 12 to make use of their permanent endowment. As such, this amendment is in line with the wider arrangements already in place for the regulation of Church of England cathedrals’ funds, which includes the oversight of both the Charity Commission and the Church Commissioners. The Church of England has made it clear that it considers there to be advantages in maintaining the financial safeguards that were put in place by the Cathedrals Measure 2021, which sets out a regulatory framework that protects the valuable assets of Church of England cathedrals. We do not wish for the Charities Bill to undermine those safeguards.
I hope noble Lords will agree that Amendment 12 is appropriate to ensure consistency between the framework established by the Cathedrals Measure and that of wider charity law, and to ensure appropriate continued oversight in the regulation of Church of England cathedrals. I beg to move.
“(a) after subsection (2) insert—“(2A) Where an application is made for an order under this Act or the Commission proposes to make such an order, the Commission—(a) may itself give such public notice as it thinks fit of the contents of the order applied for or proposed to be made, or(b) may require it to be given by—(i) any person making an application for the order, or(ii) any charity that would be affected by the order.”;”Member’s explanatory statement
This amendment makes provision for public notice of the contents of an order applied for or as proposed to be made, including provision enabling the Charity Commission to require another to give public notice.
““(3ZA) Where the Commission’s written consent is sought under section 67A, 198, 226 or 280A in relation to a charity, the Commission—(a) may itself give such public notice as it thinks fit of the contents of the consent sought, or(b) may require it to be given by the charity.”Member’s explanatory statement
This amendment makes provision for public notice where the Charity Commission’s written consent is sought, including provision enabling the Charity Commission to require another to give public notice.
“(4) In section 338 (directions of the Commission or person conducting inquiry), in subsection (2), for “any such directions” substitute “a direction of the Commission under any provision of this Act”.”Member’s explanatory statement
This amendment alters section 338(2) of the Charities Act 2011, which applies provision in section 337(1) to (3) about orders made by the Charity Commission to directions given by the Commission, in consequence of the amendment at page 28, line 24, which inserts section 337(2A).
“19A_ In section 24 of the Cathedrals Measure 2021 (No. 2) (investment powers, etc), after subsection (7) insert—“(7A) The members of the Chapter of a cathedral may not pass a resolution under—(a) section 282 of the Charities Act 2011 (resolution to spend larger fund), or(b) section 284A of that Act (power to borrow from permanent endowment),unless the Chapter has obtained the consent of the Church Commissioners.””Member’s explanatory statement
This amendment of the Cathedrals Measure 2021 relates to clauses 10 and 12 and requires a cathedral chapter to secure the consent of the Church Commissioners before resolving under section 282 to spend part of a larger endowment fund or under section 284A to borrow from permanent endowment, as a chapter must for similar matters under that Measure.
The Senior Deputy Speaker (Lord Gardiner of Kimble)
My Lords, that concludes the Committee’s proceedings on the Bill.