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Before we come to questions, I wish to make a short statement. I am exercising the discretion given to the Chair to waive the usual restrictions on references to matters sub judice in respect of the ongoing or adjourned Grenfell Tower inquests and cases relating to cladding. This is to allow debate to take place on the relevant policy matters, rather than discussion of the details of individual cases. This waiver applies to today’s questions and ongoing relevant proceedings.
I should also note that earlier copies of the Order Paper had today’s questions printed twice in error. I can reassure the Ministers they will only have to answer each question once—depending on how they behave!
(2 years, 1 month ago)
Commons ChamberWe want to build good-quality homes in the right places, and to give communities a greater say in the planning process. The Levelling-up and Regeneration Bill includes provision for new “street vote” powers which will allow residents to come together and bring forward the development that they want to see on their streets, in line with their design preferences. That will incentivise communities to consider the potential for development, especially in areas of high demand, and will support a gentle increase in density through well-considered, well-designed and locally supported proposals.
I thank the Minister for that reply, and agree with him that the “street votes” idea—which the Secretary of State described as “a cracking idea” a few months ago from that very Dispatch Box—is extremely welcome and at the core of the Bill. Will he consider applying the same principles of local consent and design codes on a slightly larger scale to increase supply and create wealth across whole neighbourhoods rather than just single streets, as outlined in chapter 4 of my recent paper “Poverty Trapped”?
My hon. Friend never misses an opportunity to promote his paper, and I commend him for it. Of course we want to ensure that every community has an opportunity to build the houses that it needs within the local plan that it is developing. I welcome many of the points that my hon. Friend raised in his paper, and look forward to working with him in future to see how we can develop them further.
Does the Minister agree that high density does not equate to high rise? In the light of tragedies such as Grenfell Tower, Ronan Point and others, will he look less than kindly on applications for high-rise developments?
The hon. Gentleman will understand that I am not able, in a quasi-judicial role, to comment on individual planning applications. It is for local authorities to make those decisions. Density can come in a range of different ways, and it is for local communities to decide what housing they want built in their area.
The Government strongly encourage the use of brownfield land and we have introduced new planning measures to make the best use of previously developed land while also boosting the delivery of new homes. A total of £550 million has now been allocated to the seven mayoral combined authorities in the north and midlands for brownfield development, including £120 million announced in the levelling-up White Paper.
In the heart of Keighley we have a unique open area known as the green space, and the town council, local residents and I are all determined to keep it green. However, despite there being many other brownfield options, Labour-run Bradford Council is determined to build on this green space and we will now have a public referendum on the issue. Does my right hon. Friend agree that responsible brownfield development involves local authorities listening to what local people want, and that Labour-run Bradford Council should not ignore my constituents?
My hon. Friend will know that, due to the quasi-judicial role, I cannot say too much about individual plans or proposals, but I know that he fights incredibly hard for his constituents in Keighley. What I can say is that when a planning application comes forward, there is a period for local consultation. That consultation needs to be local, and the council should listen to the concerns. Much of what we are introducing in the Levelling-up and Regeneration Bill will make it easier for the development of local plans and easier for people to engage so that they can decide what is built where in their communities.
Will the Secretary of State and his gang be honest with the British public? All the time I hear people on the Government Benches saying that we have to build on brownfield land, but if it is brownfield land that can be built on and it is where people want to live, it has usually been built on already. The fact is that if this Government want to build houses, they will sometimes have to build them on green-belt land and other sites, and they will have to be imaginative about it. Do not con the British people. Brownfield land building will not meet the needs.
I completely disagree with the hon. Gentleman. The fact is that we have run a national register and it has identified more than 28,000 hectares of developable land, which is enough for 1 million homes. I make no apology for wanting regeneration, and I make no apology for wanting brownfield before green belt.
At this moment there are 20 million tonnes of wheat locked up in Ukraine and we are facing a significant food shortage across the world in the years to come. Does the Minister agree that, at a time like this, using good productive land in the UK for solar farms is disgraceful and that the forthcoming national planning policy framework ought to discourage the use of agricultural land for solar farms rather than encourage it?
I know that my hon. Friend has recently secured a Westminster Hall debate on this issue. Where agricultural land is needed, we always suggest it should be the less good agricultural land, but we also need to ensure that we are producing our own energy for this country. That is a balance that needs to be struck locally.
The Government will publish an annual report on progress towards delivering the 12 levelling-up missions designed to address the UK’s spatial disparities. The obligation to publish the report will be established in statute, creating a regular point for Parliament and the public to scrutinise progress towards levelling up.
The levelling-up missions fall far short of what we really need to make progress in this country. They are nothing more than the Government marking their own homework. Communities desperately need a cross-Government approach that focuses on the different outcomes for people and places in health, education and so many other areas. Will the Minister consider working with colleagues to set clearer lines of accountability on levelling up across Government Departments so that they can be assessed on their effectiveness and on real outcomes for people?
The hon. Lady will find that the levelling-up White Paper and the Levelling-up and Regeneration Bill do the very things she is asking. On marking our own homework, she misunderstands the point. The fact is that these missions should not be set in stone. As the economy adapts, so might the missions to reflect the changing environment and the lessons learned from past interventions. Some targets cut across spending review periods, for example, and it would make sense to be able to review them before the next period begins.
Does my hon. Friend accept that it is hard to deliver the long-term, ambitious levelling-up plans set out in law without a long-term mechanism for funding them? Will she agree to meet me and members of the Northern Research Group, which has called for a levelling-up formula to equalise Government spending across our United Kingdom?
Resolution Foundation research indicates that the true cost of levelling up is billions higher than accounted for by Ministers, owing to the continued investment in the south-east of England offsetting the productivity boost in other regions. How will Ministers look holistically at socioeconomic inequalities to better understand how to close the gap?
The Resolution Foundation’s report raises some very interesting findings, and it highlights the urgency of levelling up across the UK and the fact that the cost of living crisis is making levelling up more challenging and necessary. The UK shared prosperity fund will help to unleash the creativity and talent of communities that have been overlooked and undervalued. If the hon. Lady would like to raise anything specific with me, I would be happy to respond in writing.
The UK shared prosperity fund will deliver funding to all parts of our United Kingdom, and our allocation approach gives every region and nation a real-terms match with EU funding. Details are published on gov.uk. We have engaged with the devolved Administrations at all levels on the design of the fund, and their input has helped to inform the most appropriate mix of interventions and local allocations for each part of the United Kingdom.
Does my right hon. Friend agree that by directly investing in local communities, such as my Bridgend constituency, levelling up is extended so that all of Wales benefits?
My hon. Friend puts it very well. The UK shared prosperity fund, the levelling-up fund and, indeed, the community ownership fund, which my right hon. Friend the Secretary of State for Wales is championing today, together help communities such as Bridgend, which my hon. Friend represents so effectively, to provide more opportunities to more citizens.
My right hon. Friend will share my surprise to hear that the Welsh Labour Minister for the Economy wrote to all council leaders in Wales on 14 June saying
“Welsh government will not help deliver UK government programmes in Wales we consider to be flawed.”
Will my right hon. Friend assure the residents of Aberconwy that such directions will not be allowed to frustrate the sharing of prosperity in Wales?
My hon. Friend raises a very important point, and I am disappointed. Vaughan Gething is a nice guy but it is a mistake, when we are decentralising power and resources to local government in Wales, for the Welsh Government and the Senedd to take that position. It is vital that we work together in the interest of the whole United Kingdom. This Parliament has been clear about ensuring that funding is available to local government and councillors in Wales of every party. The Welsh Government’s approach does not serve Wales well.
This Government fought and won the last election with a commitment to ensuring that post-Brexit funding will, at a minimum, match European Union subsidies, but the shared prosperity fund allocated to the Liverpool city region is £10 million a year less than we previously received from the EU. Will the Secretary of State concede that this is the latest in a long line of broken Tory promises? And will he commit to reforming an out-of-date, inadequate and wholly arbitrary funding formula that has seen some of the most deprived communities in the country lose out on vital sources of funding?
I respectfully disagree with the hon. Gentleman. If we look at not just the UK shared prosperity fund but the other investment in the Liverpool city region, we will see that this Government are absolutely committed not just to matching but to exceeding the support that was given under the European Union. I am looking forward to visiting the Liverpool city region later this week to discuss with the combined authority Mayor Steve Rotheram and others how levelling up is working on the ground.
The recent Public Accounts Committee report reminds us:
“Economic development is a devolved power”,
but decisions that would previously have been made according to Scottish Government priorities are now
“based entirely on UK Government’s assessment of priorities.”
In short, that is not decentralisation; it is a power grab. What will the Department do to address the PAC’s scepticism about how closely devolved priorities have been accommodated within the shared prosperity fund and other policies?
The hon. Gentleman will, I am sure, be aware that I had the opportunity of speaking to the Scottish Parliament’s Finance and Public Administration Committee, which covers these questions. I was struck by the fact that Scottish National party MSPs and, indeed, a Green MSP were all eager for the UK Government to play an even more assertive role in deploying the levelling-up and UK shared prosperity funds. The rhetoric of a power grab 12 months ago has been replaced by a desire to work constructively. I should note, of course, that the Chairman of that Committee is the partner of his party’s Front-Bench spokesperson here, the hon. Member for North Ayrshire and Arran (Patricia Gibson). Those MSPs are, I think, closer to their communities than distant West—Westminster figures.
I know. Some politicians don’t eat their own words—I swallow mine whole.
It is those MSPs who are closer to their communities, and unlike the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald), they want the UK Government to work with them.
It has been very good to work closely with Pembrokeshire County Council over the last 12 months on a successful bid to the levelling-up fund to improve Haverfordwest town centre. Does my right hon. Friend agree that when it comes to Wales, local authorities really value the new direct relationship with the UK Government, and that the levelling-up fund creates new opportunities for partnership that do not exclude devolved Government and provide more opportunities for local Members of Parliament to get in and help their communities work on solutions?
My right hon. Friend is absolutely right. When I talk on calls to local authorities in Scotland, as well as local authorities in Wales, it is striking how grateful they are that the UK Government are taking a pro-devolution, pro-decentralisation approach. That is in stark contrast to the Welsh Assembly Government and the Scottish Government, who are centralising power in Cardiff and Edinburgh and not listening to the communities so well represented on these Benches.
Further to the question from my hon. Friend the Member for Birkenhead (Mick Whitley), South Yorkshire will also be disadvantaged because of a miscalculation in the previous round of funding that has been baked into the new allocation process. This means that while Cornwall will get £229 per head, South Yorkshire will get £33 per head. I do not begrudge Cornwall a penny of that money, but I am sure that the Secretary of State will understand why I want a fair deal for my constituents in South Yorkshire. Will he help me get it?
I am grateful to the hon. Gentleman for his point and for reminding the House that we have stuck to our manifesto commitment to ensure that, as well as Scotland, Wales and Northern Ireland, Cornwall was absolutely protected. I take his point about the calculations for South Yorkshire. I look forward to working with him, South Yorkshire MPs and Oliver Coppard to ensure that appropriate resource is provided. Just the other week, I had the opportunity to see the great work that is being carried forward in both Sheffield and Barnsley on his behalf.
Despite a manifesto promise to
“at a minimum match the size”
of the EU structural funds, the shared prosperity fund means £371 million less a year for English regions, as illustrated by hon. Members in the Chamber today. Of course, that cut comes at a time when the Conservative-led Local Government Association rightfully argues that the current council settlement falls £2 billion a year short of what is needed because of sky-high inflation. How does the Secretary of State plan to respond urgently to that plea?
It is important that we fund local government appropriately, and we can do so only because of the way in which our economy has been well managed by the Chancellor of the Exchequer—[Interruption.] I am afraid that every time we hear from Labour Front Benchers, we hear another plea for more spending, but never, ever do they give an explanation of where the money will come from. The last time there was a Labour Chief Secretary, he left a note saying that there was no money left. Lord preserve us from another Labour Government, who would borrow and spend and take this country back to bankruptcy.
Despite the Secretary of State’s bluster, he will be aware that the Scottish Government Cabinet Secretary for Finance and the Economy has written to him—I have the letter right here—to express her deep concerns about the UK Government’s lack of engagement during the drafting of the Levelling-up and Regeneration Bill and about how it cuts across devolved responsibilities of the Scottish Parliament. Will the Secretary of State meet representatives from the Scottish Parliament specifically to discuss the democratic imperative of respect for the powers of that Parliament? Or does he simply not recognise the democratic legitimacy of the Scottish Parliament?
I love to visit the Scottish Parliament; all sorts of wonderful folk serve in it, not least my hon. Friend the Member for Moray (Douglas Ross), and others who do such a brilliant job in holding the Scottish Government to account—
Well, he is holding the Scottish Government to account. Nobody else is doing it.
I had the opportunity to appear in front of Mr Ken Gibson a few months ago—what a pleasure it was. The Scottish Parliament and the Scottish Government are our partners in making sure that we can make levelling up a success. An example of that is the fact that the Cabinet Secretary whose letter the hon. Lady so elegantly holds has been working with the UK Government to deliver two new freeports in Scotland that would not have been possible if we were still in the European Union. I am glad to see the Scottish Government embracing one of the benefits of Brexit.
The Government are providing funds to remediate unsafe cladding in buildings above 11 metres and have secured unprecedented pledges from developers to fix the buildings they constructed. Today, I have written an open letter to all building owners of properties with critical building safety defects to remind them that we have taken powers, through the Building Safety Act 2022, to compel them to fund and undertake the necessary work to make all buildings safe.
We still have no legal deadline in place to fix cladding and fire safety issues and no justice for Grenfell, and thousands of buildings, including in my constituency, are still unsafe. The Government have been dodging their responsibilities for more than the past five years. In January, the Secretary of State said that leaseholders are “blameless” and that it would be “morally wrong” for them to pay. Why, then, does he think it is fair for so many leaseholders, including in my Battersea constituency, to potentially have to pay £15,000 for non-cladding costs to correct problems that they did not cause?
The hon. Lady makes a number of important points. It is fair to say, and most people in the House would acknowledge, that, although progress over the past five years has not been everything that it should be, in recent months we have succeeded in securing commitments from developers to remediate the buildings for which they are responsible. With the publication of the open letter today and the passing of the Building Safety Act, a requirement has been placed on freeholders to pay for the work that is required. We have a cap on the commitments that any leaseholder has to enter into and that cap is consistent with the precedent in Florrie’s law. I look forward to working with the hon. Lady, as an assiduous constituency Member of Parliament, to make sure that those whom she serves are relieved of any obligation beyond that which is fair to ensure that their buildings are safe.
Most of the new build properties built in North West Durham are built to a high standard, but sadly some are not, and when they are not, people get in touch with my constituency office. Will my right hon. Friend confirm that by further extending the rights of residents to seek compensation for issues arising from poor workmanship during construction we will help millions of new homeowners throughout the country to have the opportunity to pursue developers for poor workmanship, so that no one is left in substandard new housing?
My hon. Friend is a brilliant campaigner not just for his constituency but for those who are in poor housing. Although the overwhelming number of new homes are built to very high standards, some do not meet the quality and decency thresholds that they should. I will work with my hon. Friend to achieve precisely the goal that he outlined.
Our levelling-up White Paper makes a new offer to support transformational regeneration in towns and cities across the country. We have already announced our support in Wolverhampton, Sheffield and Blackpool We are providing billions of pounds to support regeneration through our brownfield housing funds and levelling-up fund.
Will the Minister and his colleagues look at the wider remit of the Department, namely levelling up and communities, to deliver a workable policy on private-sector housing regeneration? My constituency suffers from a plethora of absentee landlord-owned derelict properties that are often a focus for crime and antisocial behaviour. Will the Secretary of State and the Minister listen to communities in Blackhall, Horden, Dawdon and Easington Colliery, which are in desperate need of levelling up in the form of housing regeneration, and come forward with a workable plan based on need rather than a beauty contest?
The hon. Gentleman is right to highlight that matter, and we do take it incredibly seriously. Officials were up in his area not so long ago looking at those very issues. We are proud of the fact that we are getting a lot of support from political leaders of all persuasions to work with us in our mission to level up and address the very issues that he has just highlighted.
We all know that Stoke-on-Trent was the beating heart of this country’s industrial revolution. It is thanks to this Government and their investment in brownfield sites that we are building, on average, 1,000 new homes a year, of which 97% is on brownfield land, such as the Royal Doulton site that the Secretary of State recently visited. We have a game-changing agreement between Stoke-on-Trent City Council, ably led by Abi Brown and Carl Edwards, the portfolio holder, and Homes England to bring transformative and quicker housing to the city of Stoke-on-Trent. Will the Housing Minister welcome this landmark local council agreement?
I can do nothing but welcome my hon. Friend’s enthusiasm for his city and for the amazing work that has been going on there. The collaboration between the Department, the Government and the city council under Abi Brown’s excellent leadership, shows that there is transformational change happening in Stoke-on-Trent, thanks to the fact that it has Conservative representation.
I call the Chair of the Levelling up, Housing and Communities Committee.
I welcome the initial support—it is initial I am sure—that the Government are giving towards regeneration in my constituency. However, there is a problem. Initially, Sheffield Council was planning under the local plan to build around 40,000 homes in the next 15 years. With the metropolitan uplift, that has increased the number to more than 50,000. That will mean unnecessary building on greenfield sites, which otherwise could have been saved, and it will take the impetus away from building on regeneration brownfield sites. Will the Minister agree to meet me and representatives of the council to discuss how we can avoid this double disaster from happening?
How could I possibly turn down an invitation to meet the Chair of the Select Committee? On the uplift, we are clear that this should be about the identification of existing sites and the regeneration of brownfield sites to meet that uplift. I will of course meet him to ensure that that happens. Regeneration is what we want, and I am glad that we are helping out in Sheffield.
Will the Minister take action to remove the excessively high housing targets that the Mayor of London has inflicted on the London suburbs, because they are making it harder and harder to turn down proposals that amount to overdevelopment?
My right hon. Friend has knocked on my door on many occasions to raise many of the issues that she has highlighted in her constituency. I would be happy to meet her again to talk about exactly what she has just raised with me.
There are nearly 200,000 fewer council housing properties today than there were in 2010. How have a Government who are committed to levelling up allowed that to happen?
Because we have given people the opportunity to become home owners for the first time in a generation. I am proud of the fact that we have done that, but my right hon. Friend and I are determined that we will do all we can with our £12 billion affordable homes programme to create more homes in constituencies such as that of the hon. Gentleman.
As the Minister will be aware, both my constituents and I are deeply concerned that Three Rivers District Council continues to delay publishing a local plan until at least 2025. Local Liberal Democrat councillors are telling residents that it is Government targets rather than the lack of a local plan that is destroying our beautiful green spaces. Does my right hon. Friend agree that councils such as Three Rivers District Council need to publish a local plan as soon as possible to protect our beautiful green-belt land rather than blaming Government housing targets?
What a surprise that the Liberal Democrats are trying to spell out myths in my hon. Friend’s constituency. If they care so much about this issue, it is a shame that not a single one of them is in the Chamber for questions today. He is right that his council needs to get on with the local plan, and I encourage it to do so, because that will give the people in his community surety about where houses will be built.
The provision of affordable housing is a central pillar of this Government’s plan to level up the country. We are investing £11.5 billion in affordable homes over the next five years. We recognise that there is a significant need for social housing; that is why our affordable homes programme will aim to deliver 32,000 social rent homes, double the figure of the previous programme.
I am inundated with casework on a daily basis from constituents living in shocking conditions, facing problems with mould, disrepair and overcrowding that are seriously impacting their quality of life and mental health. There are more than 4,000 families on Enfield’s waiting list for social housing alone. How can the Minister justify fewer than 7,000 social homes having been built in England last year?
The hon. Lady highlights an equally important point about the quality of the social homes we have. I hope she will welcome the Social Housing (Regulation) Bill already making its way through the other place, which is intended to reduce the number of non-decent homes by 50% by 2030. We are doing that not just in the social rented sector, but in the private rented sector.
I welcome more social housing, but in the rural parishes of east Sussex the housing provider Optivo is selling off stock to the private market, citing the cost of meeting rental requirements. I have tried to reason with Optivo and suggest that it only do so where it or other social housing providers are building more housing in the same parish. Can I meet the Minister to discuss that and to discuss accountability of social housing organisations?
My hon. Friend makes an important point about the accountability of housing associations. It is our drive, through the Government’s work and the new Bill, to ensure that that accountability is increased. I am assured that the Housing Minister will meet my hon. Friend to discuss the issue with Optivo.
Having overseen the net loss of a staggering 135,000 genuinely affordable social homes over the past 12 years, the Conservative party now seems to have conceded that the country does not have enough and the Government need to do something about it. When it comes to reversing 12 years of failure on social housing, it is deeds, not words, that matter to the 1.2 million people now languishing on waiting lists across England. Can the Minister tell the House precisely how many extra homes for social rent the Government now plan to deliver by the end of this Parliament?
It is slightly disappointing when the hon. Gentleman turns up with a written question that I have already answered in the response to the previous question. However, it is equally important to note that during the 11 years where we had a Labour Government, they built fewer affordable homes than the Conservative Government have built subsequently, so I do not think we are in a position to take lessons from the Opposition.
The first thing Andy Street did when he became Mayor of the West Midlands was to convene a taskforce to tackle rough sleeping in the west midlands. He is a valued member of the Government’s rough sleeping advisory panel, where I welcome his advice regularly, and the Government have supported the west midlands with funding for a range of accommodation, including £1 million for new homes under the rough sleeping accommodation programme.
I thank my hon. Friend for mentioning the Mayor of the West Midlands—oh my gosh, I have forgotten his name; oh yes, it has come back to me—Andy Street. How does the Minister assess the effectiveness of the Housing First pilot that the Mayor has initiated in addressing rough sleeping in the west midlands?
Andy Street, the Mayor of the West Midlands, has been a strong champion of the Housing First programme and the pilots. That has already achieved 552 individuals securing a tenancy through the programme. They are provided not just with accommodation but with the incredibly vital support that is necessary to help people to sustain a tenancy.
I read a rather lovely interview with the Minister in a recent issue of The Big Issue where he reconfirmed the Government’s commitment to end street homelessness by 2024. All Labour Members want that to happen, and I actually think the Minister does too, but can he honestly tell the House that this pledge has his whole Department’s backing when the Secretary of State, sat next to him, is seeking to bring back the universally hated, cruel and antiquated Vagrancy Act 1824? If this Government really believe their own promise that they can end rough sleeping within the next two years, why are they seeking to recriminalise it now?
Our ambition to end rough sleeping in the lifetime of this Parliament does not just require the wholehearted investment of our Ministers but of Ministers right across the Government. We are working incredibly closely with Ministers from the Department of Health and Social Care and the Department for Work and Pensions to make sure that we do genuinely achieve that ambition. I look forward to working with Opposition Members in order to help us in that cause.
I am in regular contact with other Ministers on this subject, which is very important for rural areas. Through Project Gigabit we are investing £5 billion in better broadband. At the start of 2019, just 7% of Welsh households could get gigabit internet; now 51% can. We are investing a further £1 billion in the shared rural network, which will increase 4G coverage in mid and west Wales from 86% to 97%.
The Minister will be aware that some 19% of properties in Ceredigion currently receive broadband speeds of under 10 megabits per second. Although there are plans to improve connectivity in a number of these areas, there are other communities in villages such as Plwmp, Brynhoffnant, Blaenporth, Penrhiwllan, Ffostrasol and Rhydlewis that are not currently subject to any plans. How will the Government ensure that such communities will benefit from improved connectivity even when commercial companies have not thus far brought forward any plans?
That is a very important observation. I mentioned some of the huge investments that we are making and the pace that things are moving, but we want them to happen even more quickly. I have a lot of respect for the hon. Member, and if he would like to discuss further how we can make the new roll-out go even faster, I would love to do that.
The levelling-up fund targets money at those places that are most in need, using an index that includes metrics such as productivity, skills, unemployment and commercial vacancy rates. In round 1 of the fund, over half the money allocated went to the 20% most deprived local authorities.
I thank the Secretary of State for visiting Barnsley East to meet the Coalfields Regeneration Trust to discuss its regeneration proposals. He will have seen from his visit how, by every measure, Barnsley is deserving of levelling-up funding, so despite our previous two bids being rejected, will he consider Barnsley in the upcoming round?
The hon. Lady will know that the allocation is a completely transparent process. If she wants to find out more about the help sessions for local authorities, we can provide information on how they can improve their bids.
It is likely that Ipswich is going to be connected to two levelling-up bids, one from the county council and one from the borough council. Does the Minister agree that investing in sports opportunities for young people, particularly in deprived areas, can be transformative for levelling up, and will she therefore welcome our plans to transform Gainsborough sports and community centre? Will she confirm that the civil servants will work as quickly as possible so that my constituents can see results on the ground, like with the towns fund, where the civil servants are currently reviewing the business cases?
I agree with both things, and we support all levelling-up bids.
The recent report from the Public Accounts Committee was a huge blow to the way in which the Government are seeking to level up and it exposed once again the debilitating impact of beauty parades and unclear allocation criteria. If the Secretary of State thinks that was praise, then goodness me! This can be resolved in future by the Government accepting our calls for proper, sustained funding that is targeted at need. Therefore, to make sure that we are never in this situation again, will the Minister commit to accepting amendment 13 to the Levelling Up and Regeneration Bill, which will start this process?
No, I will not commit to that. While we hold the Public Accounts Committee in high esteem, we reject much of the criticism and we will publish our response to its report in the summer.
The national planning policy framework is clear that, through their local plans, local authorities should make sufficient provision for the development and infrastructure required in their areas to help deliver sustainable development. Water companies are expected to plan their future infrastructure investment to accommodate future growth and ensure that adequate infrastructure provision is not a limiting factor.
I am grateful to the Minister for that reply. Does he agree that it would be appropriate for water companies to become statutory consultees for local authorities and that their views on water treatment capacity should be sought before local authorities grant consent for significant developments?
There already is a statutory requirement in place for local planning authorities to consult water and sewerage companies on the preparation of local plans. Developer contributions can also be used to secure infrastructure improvements, including for wastewater. I understand that my right hon. Friend has already been in touch with the office of the Minister for Housing, my right hon. Friend the Member for Pudsey (Stuart Andrew), on these matters and that the Minister is happy to meet him to discuss this in greater detail.
I had the enormous privilege on Wednesday last week of attending the unveiling of the Windrush memorial, which marks the fantastic contribution made to this country over more than 70 years by migrants from the Caribbean and the wider Commonwealth. I wish to place on the record my thanks not just to the Minister, my hon. Friend the Member for Saffron Walden (Kemi Badenoch), but to Baroness Floella Benjamin for the fantastic work she undertook to ensure that that fitting memorial could be unveiled.
I welcome the proposals to extend the decent homes standard in the private rented sector in the just published, “A fairer private rented sector” White Paper. Is it the Government’s intention to include their stated targets on private rented sector energy efficiency in homes in the decent homes standard? If they do that, what sanctions will the Government be proposing for landlords who fail to make their properties energy-efficient?
The hon. Gentleman is right that energy efficiency is a critical part of making sure that homes are decent, safe and warm, and we will be considering what steps and what proposals we might be able to put in place to ensure that landlords live up to their responsibilities.
Local authorities such as Suffolk County Council are facing major challenges in recruiting social care staff; that is cascading right through the health and social care system and causing major difficulties for hospitals in discharging patients and getting on top of the backlog of operations. I agree with my hon. Friend and want him to know that I have been working on the issue very closely with my counterpart in the Department of Health and Social Care. We have provided £462.5 million to local authorities to support them with those workforce pressures, and there is more that we will continue to do.
We have had a week of travel chaos while the Transport Secretary has sat idly by, and there is another crisis on the horizon: the local government cleaners, social workers and refuse workers who cannot afford to feed their families on the wages they are paid. They need and deserve a pay rise. The Secretary of State for Levelling Up, Housing and Communities knows that workers and council leaders struggling with record Tory inflation cannot square the circle alone. Nobody wants rubbish piling up in the streets, nobody wants older people left in their homes, and nobody wants families left to break. Will he commit to making a better fist of this than his hopeless colleague at the Department for Transport? He should do as they ask and come to the table to protect our vital workers, who kept this country going during the pandemic, and the communities they serve so well.
I am surprised that the hon. Lady talks about “Tory inflation”—presumably the inflation in Germany is Social Democratic inflation, inflation in France is En Marche inflation, and inflation in the United States is Democrat inflation. The truth is that when it comes to dealing with the cost of living crisis and ensuring that our economy is on the right track, she and her colleagues would be better served by using their links with the trade unions to get workers back to work, rather than she and her colleagues supporting the RMT in strike action that gets in the way of our economy moving forward.
It would be laughable if the Government’s failure to do their job had not brought this country to a standstill and was not about to get much worse. The Secretary of State talks about Labour Members doing their jobs, but the last time we had strikes on this level was under the Thatcher Government in 1989, and he was on a picket line—I prefer his earlier approach. If he is serious about getting the economy moving, why does he not do his job?
My hon. Friend the Member for Nottingham North (Alex Norris) talked about the billions of pounds that the Government have poured down the drain on levelling up, because the Secretary of State does not have the first clue how to spend it. He knows that the only way out of this low growth, high tax spiral that his Government have created is to get the economy firing on all cylinders. Can he remind me again whose job that is? It is his. If he will not do it, why will he not get out of the way and give that money to local council leaders so that they can?
That was beautifully scripted. I offer my support to the hon. Lady in her leadership bid; I am behind her 100% of the way, as, I am sure, are her friends in the RMT and that other figure who joined Labour MPs on the picket line last week: Arthur Scargill. She talks about going back to the future, but she would take us back to the future of the ’80s with strikes, inflation and borrowing. She is the Marty McFly of politics: someone who lives in the past, even as she aspires to greater things.
I say to both Front Benchers that it is totally unacceptable to take that length of time in topical questions. Back Benchers are the people who are meant to be asking topical questions, so please consider the rest of the Chamber.
My hon. Friend makes an important point. I pay tribute to her leadership on this issue. We look forward to seeing the bid.
Will the Secretary of State confirm his willingness to meet me, North Ayrshire Council and key partners to discuss the robust proposals for a fusion energy plant at Ardeer in my constituency? Does he agree that a successful Ardeer bid would provide a step change in local and regional economic prosperity, as well as being a catalyst for long-term sustainable investment in North Ayrshire?
Yes and yes. Even though they are not in my party, I must say that North Ayrshire’s elected representatives in this House and in Holyrood do a fantastic job for their constituents in championing nuclear power.
I am sure the whole House knows of the hon. Gentleman’s courage and principle in campaigning on such questions. He makes a valid point. A health disparities White Paper is forthcoming soon and I will discuss his precise point with my right hon. Friend the Health and Social Care Secretary.
My hon. Friend is absolutely right, and that is one of the key ambitions of the measures being introduced in the Levelling-up and Regeneration Bill. We want there to be opportunities for communities to influence and comment on emerging local plans, and we will make sure that those powers are enhanced and that the planning system is digitised so that it is easier for people to engage, because local people need to decide where the local housing should be provided.
Absolutely. In the first instance, I will ask Lord Greenhalgh to investigate, and then we will of course follow up with a meeting.
Burtree in the north of Darlington has been granted garden village status. However, the current difficulties posed by nutrient neutrality guidance from Natural England are causing delays not just for this developer, but others. What can my right hon. Friend do to rectify this situation? Moreover, can I press him to do all he can to unblock the bureaucratic backlog between Homes England, the Treasury and his Department, to enable Burtree to progress?
Absolutely. On nutrient neutrality, we are working with the Department for Environment, Food and Rural Affairs and Natural England to resolve this question. On the second point, I will apply appropriate pressure to tender parts.
Sustainable drainage systems are a vital part of future developments, so I will look closely at the recommendation the hon. Member makes.
While currently only local authorities can initiate levelling-up fund bids, has my right hon. Friend given consideration to giving other organisations, such as community interest companies or charities, the ability to submit LUF bids, so long as they have the backing of the local MP?
That is an intriguing idea, and it would be a significant development. My hon. Friend is, I think, probably the most effective Member of Parliament in the borough of Wigan, and can I say that I look forward to working closely with him on that?
Since the Tories came into power, 800,000 fewer households aged under 45 own their homes, nearly 1 million more people now rent—often at a cost higher than a mortgage—and the number of truly affordable homes and new social rented homes being built has fallen by over 80%. Is the Secretary of State ashamed of this record, which is failing a generation of young people?
I was very proud when this Government repealed the Vagrancy Act 1824 under the Police, Crime, Sentencing and Courts Act 2022, and the last thing we should do is demonise and criminalise people who rough-sleep and beg. I absolutely appreciate that there can be antisocial behaviour with aggressive begging, but we have legislation —more robust and more modern legislation—that deals with that. Therefore, I was concerned to see that clause 187 of the new Levelling-up and Regeneration Bill disregards the repeal of the Vagrancy Act. When is a repeal not a repeal?
There will be no return to the Vagrancy Act. We will work with the Home Office to ensure that there are appropriate measures to deal with any form of antisocial behaviour, but criminalising rough-sleeping and begging is not on the agenda.
I have leaseholders in my constituency of Warwick and Leamington who are unable to sell their properties because the properties have not been painted for 40 years, despite the freeholder’s obligations. Why have the Government actually postponed their leasehold reforms from this Parliament?
They are coming: we are going to introduce those reforms in the next Queen’s Speech.
Is the Secretary of State aware that in 2019 I took through Parliament the Parking (Code of Practice) Act with all-party support? This measure mandates the Government to introduce a code to make parking fairer for motorists. In view of the overwhelming support for this measure on both sides of the House, why are the Government now dragging their feet on the matter?
There is a challenge to some of the proposals we are putting forward, with which we have to deal in the courts.
Scotland receives 40% less money from levelling-up funding than it received from the EU. When does the Secretary of State estimate Scotland will get the same amount of funding as we had as a member of the EU?
Scotland is just as generously funded as ever before, but it would be even better for Scotland if the Scottish Government were not spending £20 million on campaigning for independence, because as we all know, breaking up the United Kingdom would be an economic disaster for Scotland.
Ministers are aware of the long-standing limbo the learned societies of Burlington House find themselves in because of the proposed rent increases from the Government, and I declare an interest as a fellow of the Society of Antiquaries of London. Apparently the Secretary of State has promised the hon. Member for Rhondda (Chris Bryant) a meeting to get everybody around the table to sort this out. May we urgently have that meeting before the summer recess, and will he give us a date now?
My hon. Friend is a distinguished archaeologist and antiquarian—although still a youthful-looking antiquarian. Yes, we will have that meeting; it will happen before 22 July and I will invite both my hon. Friend and the hon. Member for Rhondda (Chris Bryant).
The Secretary of State has mentioned that there will be more opportunities for all of the UK as a result of the levelling-up programme, and of course we welcome that. He also knows there is a subsidy control mechanism in operation in Northern Ireland that prevents Northern Ireland from benefiting from levelling up and other generous benefits that flow from this place. Will the Secretary of State today ensure that everyone on his side of the House—and I encourage Members on the Opposition side of the House to do this too—votes for the Northern Ireland Protocol Bill, in which clause 12 will remove that impediment to progress?
The Foreign Secretary will open the Second Reading debate, and I hope people will listen to everything that she and indeed the Secretary of State for Northern Ireland say, in order to make sure Northern Ireland can fully participate in all the benefits of being part of the UK.
I refer the House to my entry in the Register of Members’ Financial Interests.
There are two villages in my local area that will essentially become one due to a development that was granted approval on appeal. How is the Secretary of State addressing the current problem of the lack of a five-year land supply circumventing local planning decisions?
The Levelling-up and Regeneration Bill and our forthcoming national planning policy prospectus will address precisely that question.
I welcome the Secretary of State’s new-found enthusiasm for the Scottish Parliament. Does that enthusiasm extend to recognising the mandate that Parliament has to honour the manifesto commitments on which a clear majority of its Members have been elected in 2021, 2016 and 2011?
In 2014 the people of Scotland voted to remain part of the United Kingdom and were told at the time by the Scottish National party that it was a once in a generation vote. Eight years on from that vote it would be folly indeed, at a time when there is war on the European continent, we face cost of living challenges and we are all committed to working together to deal with the legacy of covid, to spend even more money attempting to break up and smash the United Kingdom instead of working to heal and unite.
Eastleigh Borough Council is scheduled to have £670 million of debt by 2025, with no sign of it reducing. Does the Secretary of State think this is acceptable, and what plan does his Department have to tackle such profligate councils?
As Eastleigh Borough Council is so profligate, I presume—I do not know; I do not have the facts in front of me—it must be a Liberal Democrat-controlled council, because profligacy and fiscal incontinence on such a level could only be engineered by the opportunistic gang that masquerades as the Liberal Democrat party.
(2 years, 1 month ago)
Commons ChamberWith permission, Mr Speaker, I would like to make a statement on our plans to bring the Mental Health Act 1983 into the 21st century. Today, just as we pledged in the Queen’s Speech, we have published a draft Mental Health Bill to modernise legislation that was passed by the House almost 40 years ago and make sure that it is fit for the future.
Last year, we invested £500 million to support those with mental health needs who were most affected by the pandemic and, as we set out in the NHS long-term plan, we are investing record amounts into expanding and transforming mental health services. That will reach an extra £2.3 billion each year by 2023-24. Later this year, we will also publish a new 10-year mental health plan followed by a 10-year suicide prevention plan, which, as I set out in a speech on Friday, will place a determined focus on this major source of grief and heartbreak so that fewer people will one day get the news that turns their lives upside down. But we cannot make the critical reforms that we need and that are so essential to the country’s mental health system without making sure that the law that underpins our country’s mental health system is up to date, too.
Since the 1983 Act, our understanding of and attitude towards mental health has transformed beyond recognition, and it is right that we act now to bring the Act up to date. The Mental Health Act was created so that people who have severe mental illnesses and present a risk to themselves or others can be safely detained and treated for their own protection and that of those around them, but there are a number of alarming issues with how the Act is currently used. Too many people are being detained. They are also being detained for too long, and there are inequalities among those who are detained. The previous Prime Minister, my right hon. Friend the Member for Maidenhead (Mrs May), asked Professor Sir Simon Wessely to lead a review into the Act. I pay tribute to my right hon. Friend for her tireless commitment to this most important of issues and to Sir Simon for his illuminating report, which made a powerful case for reform and was rightly welcomed on both sides of the House. It made for uncomfortable but essential reading, vividly showing how currently the Act fails patients and their loved ones and deprives people of autonomy and control over their care.
The draft legislation that we have published today builds on Sir Simon’s recommendations as well as those in our White Paper, which was published in partnership with the Ministry of Justice last year. Just like Sir Simon’s report, the White Paper was welcomed by both sides of the House. It was also welcomed by leading charities including Mind, the National Autistic Society and Rethink, countless mental health professionals and, critically, the people who use mental health services and their loved ones. Today, we are showing how we will put the vision into action. The Bill is a once-in-a-generation reform, and I would like to set out briefly to the House the important themes that sit behind it.
First, the Bill rebalances the criteria for detention so that it will take place only as a last resort when all other options have been explored and considered. Under the new criteria, people will be detained only when they pose a significant risk of harm to themselves and others, and patients should be detained only if they will benefit from the treatment that is made possible by their detention.
Secondly, the Bill shows how we will give patients more control over their care and treatment. It will ensure that, in most cases, clinicians can administer compulsory treatment only if there is a strong reason to do so. In future, all patients formally detained under the Act will have a statutory right to a care and treatment plan, drawn up between the patient and their clinician, and personalised based on the patient’s needs. It will give them a clear road map to their discharge from hospital.
There are some cases when patients are not able to make decisions about their own care or feel that they could benefit from greater support. Currently, patients are not always able to choose who can represent them, as their nearest relative automatically qualifies to act on their behalf. The Bill will change that, allowing patients to choose a nominated person who they believe is best placed to look after their interests. The Bill will also increase the powers of that nominated person, so that they can be consulted about the patient’s future care.
Thirdly, the Bill will tackle the disparities in how the 1983 Act is used. Black people are four times more likely to be detained under the Act than white people, and 10 times more likely to be placed on a community treatment order. The Bill provides for greater scrutiny of decision making, including through greater use of second opinions on important decisions, and through expanded access to independent tribunals; that will help us to address the disparities in the use of the Act.
Fourthly, the Bill will enhance support for patients with severe mental health needs who come into contact with the criminal justice system. Under the 1983 Act, too often, people in prison experience delays in getting treatment in hospital. Courts are sometimes forced to divert defendants who require care and treatment, some of whom have not been convicted, to prison as a so-called place of safety. The Bill will make crucial improvements so that vulnerable offenders and those awaiting trial can access the treatment that they need. It will tackle delays and speed up access to specialist care by introducing a new statutory 28-day time limit for transfers from prison to hospital, and it will end the use of prison as a so-called place of safety, so that patients can get the care that they need in the appropriate hospital setting.
The Bill will also amend the Bail Act 1976 so that courts are no longer forced to deny a defendant bail if the judge’s sole concern about granting bail has to do with the defendant’s mental health. The Bill will allow the judge to send them to hospital instead, so that they can be in the best environment for their mental health and can receive any treatment that they need.
Finally, the Bill will improve the way that people with a learning disability and autistic people are treated under the 1983 Act. One of my priorities in my role is personalised care. The current blanket approach cannot be allowed to continue; it means that too many autistic people and people with a learning disability are admitted into institutional settings when they would be better served by being in the community. The Bill will change this. It limits the scope for detaining people with learning disabilities and autistic people for treatment unless they have a mental illness that justifies a longer stay or they are admitted through the criminal justice system. It also gives commissioners of local authorities and integrated care boards new duties to make sure that the right community support is available instead.
I look forward to working with hon. Members in all parts of the House as we take these plans forward. This momentous Bill deals with one of the most serious and sombre responsibilities of any Government: their responsibility for the power to deprive people of their liberty. Mental ill health can impact any of us at any time. It is essential that we all have confidence that the system will treat us and our loved ones with dignity and compassion. That is what the Bill will deliver. I commend the statement to the House.
I thank the Secretary of State for an advance copy of the statement, and for sharing his family’s experiences over the weekend. I am so sorry to hear about the circumstances surrounding his brother’s tragic death.
This overhaul of the Mental Health Act 1983 is long awaited. We welcome the draft Bill, and the fact that the Government have accepted the majority of the recommendations from Sir Simon Wessely’s independent review of the Act. It was interesting to hear, in the statement, of the Government’s focus on keeping people in crisis out of A&E, and of their plans to reduce the use of general ambulance call-outs for those experiencing a mental health crisis. In 2020, there were over 470,000 calls to 999 because someone was in a mental health crisis, which took up an estimated 66,000 hours of call time. In my email inbox, I have numerous examples from across the country of children being stuck in A&E for over 24 hours waiting for a mental health bed. One child waited over three days. When I work shifts in A&E, I see more and more people coming into hospital in crisis. The increased frequency is deeply concerning. Conditions are getting worse and illnesses are going untreated. We would not allow that in cancer treatment, so why is it allowed in mental health treatment?
Deprivation of liberty and the use of coercion can cause lasting trauma and distress. That is especially true for children and young people who find themselves in these most difficult situations and whose voices are often not heard when decisions are made. We are pleased that patients will have greater autonomy over their treatment in a mental health crisis, and we are glad that the Government have been working with organisations to listen to the experiences of those with learning disabilities or autism, but will the Secretary of State explain what safeguards will be put in place for people with learning disabilities or autism should the worst happen and they find themselves in prison? This is not a straightforward issue. Many people with learning disabilities or autism also live with serious mental illnesses, and we have to make sure that they have their rights protected and have dignity in their treatment.
In our communities, we witness the harsh reality of the health inequalities that so desperately need to be addressed. As the Secretary of State said, black people are over four times more likely to be detained under the Mental Health Act.
Order. The shadow Minister cannot give way; this is a statement.
We need to advance the mental health equality framework and there must be culturally appropriate services and the freedom for local areas to look at their specific populations in order to have the most suitable approaches. Culturally appropriate community provision is vital for mental health services that are truly joined-up and effective and that, crucially, work well for patients. Will the Secretary of State also provide reassurances on the future of community care and on how they will work with local authorities across the country to deliver community provision that works?
Mental health staffing levels are absolutely crucial to ensuring that mental health services are fit for purpose. More than a year and a half ago, I asked the Secretary of State’s predecessor about the future of mental health staffing. The proposals that have been set out today go well beyond what has been committed to in the long-term plan. Labour has a plan: to recruit an extra 8,500 mental health staff to treat 1 million additional patients a year by the end of our first term in office. Will the Secretary of State outline when we will get the workforce settlement? What reassurance can he give on filling training places?
For too long, the Government have had their head in the sand when it comes to mental health. They have failed on eradicating dormitories from mental health facilities, failed on cracking down on the use of restraint, and failed on getting on top of waiting times. We cannot have this kicked into the long grass and, if it gets lost in the political quagmire of Conservative in-fighting, should the Government call an early general election, people will suffer. We cannot have the Government fail on mental health legislation any longer. This is a once-in-a-generation opportunity; we simply must get this right for everyone who depends on these vital services.
I thank the hon. Lady, particularly for her remarks at the start of her response about my personal experience.
I think the hon. Lady agrees with me, as does everyone in this House, that the 1983 Act is outdated. Society has learned since then, rightly, that people’s mental and emotional wellbeing is as important as their physical wellbeing. That was recognised in the Health and Care Act 2022, which came before Parliament recently, and this draft Bill does a lot to change the situation as well.
The hon. Lady talked, rightly, about the importance of mental health services. The NHS is putting record funding into NHS services. Some 1.25 million people were seen through the NHS talking therapies service, despite the pressures of the pandemic, and an additional £500 million of resources was put into mental health services because of the pandemic.
On the workforce, today in the NHS, we have around 129,000 health professionals focused on mental health. That is the highest number ever, and the number has gone up by some 20,000 since March 2016. As for the NHS’s strategic workforce plan—the 15-year plan on which it is currently working—having the correct provision for mental health will, of course, be a very important part of that.
I commend my right hon. Friend for his statement and thank him for his kind comments. I also join the Opposition Front Bencher, the hon. Member for Tooting (Dr Allin-Khan), in commending him for sharing his family’s experience. It shows that this is not just a piece of legislation from a Secretary of State; it comes from somebody who understands the issue.
I welcome the publication of the draft Mental Health Bill. While it is necessary for it to be given proper scrutiny, does my right hon. Friend join me in believing that we need to get these new provisions on the statute book as quickly as possible, to ensure that all those who are going through a mental health crisis can indeed be treated with the dignity and compassion that they deserve?
Let me thank my right hon. Friend again for the crucial role that she has played in getting the House to this point today with the publication of the draft Bill. It was her commitment to giving mental health parity with physical health that has led us to this important point. I agree absolutely with her. The draft Bill is before the House today. No doubt there will be prelegislative scrutiny, which I strongly welcome, to have the Bill ready as quickly as possible for First Reading in this House and to make sure that it becomes legislation as quickly as possible.
I welcome this statement from the Government, but I am concerned about constituents who have a mental health crisis and present at A&E departments. Because of long waiting times, they are usually unable to wait to be seen by a psychiatrist. Can the Secretary of State say how that will be addressed in the Mental Health Bill to make sure that people get the urgent treatment they need when they present at A&E departments?
The hon. Lady is right to raise the matter. I can tell her— helpfully, I hope—that the Bill is not that important in terms of getting what she wants to see, which is more care for people when they present themselves at A&E with mental health challenges. That is work that is already prioritised with the NHS. During the pandemic, as she and other hon. Members will understand, there were increased issues around mental health and people not getting care in the normal way; that is why we have put record resources into the NHS, including into A&E provision of mental health services.
I call the Chair of the Health and Social Care Committee.
I commend my right hon. Friend’s courage in talking about his family’s tragedy, which is one of the most difficult things to do in politics. I also thank my right hon. Friend the Member for Maidenhead (Mrs May) for her commitment to mental health, which is unparalleled among any Prime Minister I have known in this place; it made an enormous difference to me when I was Health Secretary.
I support wholeheartedly what the Health Secretary has said today. I hope that he does not mind my saying that in one instance it does not go far enough: there are still 2,000 people with autism and learning disabilities in secure institutions, effectively incarcerated, even though they would be better off in the community. It is a human rights scandal. As part of the remedy, would he consider changing the rules on sectioning so that, after a short period, anyone who wanted to keep someone in a secure unit would have to reapply for sectioning every week or two, so pressure is put on the system to find a better solution?
We are determined to reduce the number of people with learning disabilities and autism who are in mental health hospitals. As part of those plans, we will shortly publish the cross-Government “Building the right support” plan to drive progress; I will have more to say about that shortly. I listened carefully to my right hon. Friend’s suggestion and would be happy to meet him to discuss it further.
I was incredibly moved to learn of the Secretary of State’s personal experience with this issue. I commend his courage in talking about a deeply personal issue.
In his statement, the Secretary of State outlined that patients will be able
“to choose a nominated person who they believe is best placed to look after their interests.”
Could he outline what rights that nominated person might have? I have a particular issue in my constituency: somebody has been moved from one part of the country to another, but their next of kin was not asked for permission and only found out after the event. I think that it is incredibly important not only that there is a nominated person, but that that person has outlined rights that can be enforced in these situations.
I am pleased that the hon. Lady welcomes the change that will come about through the Bill. The draft version has only just been published, and I appreciate that she will need time to digest it, but it does explain how the nominated person—who does not have to be a family member, but can be anyone whom the individual chooses and trusts—will be able to co-produce the treatment plan for that individual and work with him or her very closely.
Will my right hon. Friend look at a book published this week by Liz Cole and Molly Kingsley of the UsForThem parents group, which discusses the damage to children’s mental health during lockdown? We know that the number of referrals has increased by 60%, and that eating disorders among young girls rose by 400% during lockdown. Will my right hon. Friend set out measures to help children with their mental health? Given the damage that social media companies do to children’s mental health, will he consider a social media levy to raise money to fund mental health resilience, and will he also consider introducing a longer school day with extra sporting and wellbeing activities to help those children further?
My right hon. Friend has made the important point that children need full mental health support in normal times, but need it particularly when experiencing the impact of a pandemic. I will take a look at the book that he mentioned. Levies, as he will know, are a matter for the Treasury, but I am sure that he welcomes some of the measures in the Online Safety Bill. I should be happy to meet him and discuss some of his other proposals further.
I think the whole House will welcome many of the changes that the Bill represents. I especially welcome the section on black mental health and on the situation of people who are being incarcerated in the mental health system, but many of my constituents have suffered the effects of eight years of systemic and catastrophic failure on the part of their mental health trusts. What provisions in the Bill will make a difference to them following nearly 1,000 excess deaths in our mental health trusts? I know that he has committed himself to meeting me to talk about this, but will he also commit himself to meeting many of the victims of those eight years of failure who will be coming to Parliament next Tuesday to discuss what has happened to them? Perhaps he will be able to tell them how the Bill will turn their lives around and make a difference to them and their families.
I hope the hon. Gentleman agrees with me—as I think he does, given the way in which he framed his question—that the Bill is a huge step forward, especially in respect of the important issue of dealing with some of the inequalities in provision which we all know have existed, and which he mentioned at the beginning of his question. The way in which we change things will be not just through the Bill but through continued investment, and by ensuring that, when trusts are failing, those failures are addressed. As the hon. Gentleman said, I will be meeting him, but the Minister for Care and Mental Health will be happy to meet the constituents he mentioned.
I commend the statement, and I commend my right hon. Friend’s bravery in sharing that story. After speaking to friends, I decided to share my own story: twice I attempted to take my own life. Thankfully I did not succeed, but when I needed help, I was lucky enough to be able to get that help. Sadly, that is not the case for too many people throughout our United Kingdom, at a time when 40% of GP appointments are related specifically to mental health.
As my right hon. Friend will know, I am supporting the No Time to Wait campaign, led by my good friend James Starkie, who is trying to ensure that there is a mental health nurse in every GP surgery in the country to help with the early intervention that we know is so critical. There is a great example in Norfolk and Suffolk NHS Foundation Trust, led by Lisa Dymond. Will my right hon. Friend, in the course of his work on this draft legislation, engage with that trust to see the work that it is doing to ensure that we can provide the access that people so desperately need?
May I first commend my hon. Friend for sharing his story and for being so open about it? There is no doubt that that will help a great many other people. I am sure he will welcome the Government’s plans for a new 10-year suicide prevention plan. I agree with him about the need to continue to work on improving provision, and I believe I will be having a meeting with him and Mr Starkie to discuss his campaign further.
I warmly commend what the Secretary of State said over the weekend. Many of us have experienced suicide in our own families, and it is good when people like him can share their experience; I think it helps an awful lot of people around the country.
Can I ask the Secretary of State about brain injury, which he knows I am a bit obsessed with? I visited three units—in Newcastle, Birmingham and Sheffield—the week before last. The big problem is that people are being given what is called a neurorehabilitation prescription, which is very similar to what he has described, but unfortunately, the moment they leave the trauma unit, the services that they require simply are not available in vast parts of the country. There are not enough occupational therapists, speech and language therapists, physiotherapists or psychiatrists to do that work.
The most distressing thing I heard was at the Birmingham Children’s Hospital—it does not have a hydrotherapy pool, which would be useful; nor does any other children’s hospital in the UK—which saw a 70% increase in brain injuries in children during covid from parents attacking their children. How are we going to get the workforce we need in order to make a difference to those people’s lives?
The hon. Gentleman will know that the investment already going into the workforce is at record levels. As the NHS sets out its 15-year workforce strategy, it will look into acquired brain injury, and rightly so. I thank him for the work he is doing with the Minister for Care and Mental Health, my hon. Friend the Member for Chichester (Gillian Keegan), on the ABI strategy. I understand that the call for evidence has just closed. That process will also help to bring about the change that he seeks.
I met some amazing young people from my constituency last week during the “It’s our Care” lobby of Parliament, and one issue they raised was mental health among looked-after children. What steps is my right hon. Friend taking to ensure that the mental health needs of looked-after children are taken into account, so that they, too, can thrive?
My hon. Friend raises an important issue. We have increased to a record level resources for mental health services for children, including looked-after children, but we need to ensure that the strategy is fit for the future. This will be a key part of our 10-year mental health strategy.
Global research into psilocybin has shown that it has significant potential for the treatment of mental health conditions, including depression, post-traumatic stress disorder, anorexia and alcohol addiction. However, its schedule 1 status under the Misuse of Drugs Regulations 2001 is hindering research in the UK and condemning thousands of people to unnecessary suffering. The organisation Heroic Hearts, which supports military and emergency services veterans with PTSD, has to facilitate patients’ travel abroad to access treatment that they should be able to receive here, where appropriate. Can the Secretary of State please tell the House what conversations he has had, or intends to have, with the Home Office about the rescheduling of psilocybin to ensure that this vital area of mental health research can be progressed and treatment can be brought into the 21st century with this Bill?
The hon. Lady has raised an important issue. As she has said, rescheduling is an issue for the Home Office, and I will make sure that I take this up with the Home Secretary.
I chair the all-party parliamentary group on autism, a role I took on after we lost Dame Cheryl Gillan. From her position in this place, she was tireless in highlighting the fact that there is a difference between those who suffer lifelong development disabilities such as autism and those who have mental health conditions, although it is fair to say that those with autism suffer with a higher proportion of mental health conditions. As things stand, 61% of those in mental health hospitals have autism as a condition—that is 1,200 people—and the figure used to be 38%.
I welcome the Secretary of State’s draft mental health Bill. Will he meet members of the all-party parliamentary group to discuss what the Bill will do for those with autism? Can I also parrot the call from the Chair of the Select Committee, my right hon. Friend the Member for South West Surrey (Jeremy Hunt), about the need to review the sectioning of those in mental health provision? There are far too many people languishing, and they need our help.
I agree with my hon. Friend. The reforms that we have set out today in this draft Bill mean that, in the absence of a mental health condition, learning disability and autism will no longer be a reason for people to be detained in a mental health hospital after an initial period of assessment. I would be happy to meet him and his APPG.
I am disappointed that, yet again, the Department has not produced all the papers for me in large print; it has produced all the papers in standard print. I hope the Secretary of State will take that away and ensure I receive my papers as soon as possible.
I am sure the Secretary of State will share my disappointment that, in England, 24% of all children’s mental health referrals are closed before the child receives any support. In my Adjournment debate last week, I highlighted the importance of children’s mental health services and trauma support and care, so will he reassure the House and me that he will do everything in his power to make sure children receive timely mental health support?
Of course the hon. Lady should get the Bill and any other documentation she needs in large print, and I am sorry that she has not. I will take that up. I apologise to her, and she makes a very important point.
Support for children, even before the pandemic, was rightly a priority. Funding will increase to record levels by 2023, with an additional £2.3 billion in total so that an additional 345,000 children and young people can be seen. We put in an additional £79 million during the pandemic, and we will set out in our new 10-year mental health strategy exactly how we will do more.
I commend the Secretary of State for bringing forward this draft Mental Health Bill. I have met key individuals across Keighley in recent months who provide mental health and wellbeing support and advice, including Nick Smith, Ryan Anderton, Bill Graham and one of our hard-working GPs, Caroline Rayment. They are all passionate about this subject, and I am sure they will be pleased to see greater autonomy in providing personalised care. A key issue they have raised with me is that of adults and children with learning difficulties. Can my right hon. Friend confirm that the Bill will help those with learning difficulties to engage further with mental health and wellbeing services?
Yes, it will. I set out in my earlier answers some of the Bill’s changes for those with learning difficulties and autism. I think my hon. Friend will also welcome the publication of the new 10-year mental health plan.
The Secretary of State may recall that I am very much involved with the Autism Commission, and I hope he has seen our recent report on autism’s lifelong impact on families. I support everything he has said this afternoon, except one thing. We need a deep cultural change in this area, whether it is GPs understanding more and having more proficiency, or teachers and schools recognising early signs of difficulty and struggle. If we believe in levelling up, why do only wealthy people get easy access to therapy? As I found when I chaired the Education Committee, we need more therapists and more therapy to be available.
I agree with the hon. Gentleman about cultural change. Whether we are talking about teachers or healthcare professionals, we need to make sure they have a certain level of training on autism. I am sure he knows the NHS has started rolling out a type of mandatory training on autism, and I would be happy to meet him to discuss how we can go further in the light of that report.
This is an enormously welcome Bill, not least in my constituency, where I have campaigned endlessly for better mental health services and for a hub at our wonderful Cromer Hospital. As Norfolk has the slowest ambulance response times and the most mental health referrals in the UK, how can we access the £7 million-worth of specialist mental health ambulance services?
First, I commend my hon. Friend on the work he has done. I remember meeting him to discuss this important issue, and I welcome his support for the Bill. He may know that the extra support of around £150 million announced today includes £7 million of support for mental health ambulances.
Clause 31 states that transfers from prison to hospital should take place within 28 days of a referral notice,
“unless there are exceptional circumstances”,
and makes it very clear that those exceptional circumstances do not include a shortage of staff or beds. That is welcome, but at the moment about 50% of prisoners who are assessed as needing transfer to hospital are not transferred because the beds are not available. What can the Secretary of State do to make sure that that is not an issue by the time the Bill becomes law?
The NHS is already preparing for this change. Of course, this is not law yet and we can make progress before it becomes law, but I believe that once it does become law, subject to the will of this House, it will galvanise more parts of the NHS to make sure that that commitment is met at all times.
I very much welcome the Bill’s focus on autism and special educational needs. Having a learning disability often means that your brain is wired a bit differently, and often you feel like you are not understood, and that can contribute to mental ill health. On Norfolk and Suffolk mental health trust, we have been languishing for seven years and that has led to hundreds of people losing their lives. Will the Secretary of State assure me that this Bill will be part of ensuring that never again will we let failure last so long and the cost be so high?
I can give my hon. Friend that assurance. Sadly, we have instances around the country where certain trusts have failed local people when it comes to mental health. He mentions Norfolk and Suffolk. We need to do better. This Bill and the resources behind it will make the difference.
Through my role as a lay manager for Birmingham and Solihull mental health trust, I know that a major problem in the west midlands is the availability of beds for individuals detained by the police under section 136 of the Mental Health Act 1983. This is having a huge impact on A&E services in our area, because that is where the police take patients if there are no mental health beds available. How does the Secretary of State plan to improve bed availability for mental health patients?
I know that the hon. Lady speaks with experience, and I listen carefully to her when she speaks on these important issues. She may have seen the announcement earlier today that the additional support of around £150 million will go towards addressing her exact point about more provision, including crisis houses and sanctuaries—I also mentioned mental health ambulances earlier—and I think that will help.
This is an enormously welcome Bill on an issue on which I have campaigned and spoken to the Secretary of State about previously. North West Durham has an historic and ongoing issue, with suicide rates at double the national average. I commend him for speaking about his personal situation, and I look forward to the 10-year mental health plan and the 10-year suicide prevention plan. Will he outline how the Bill will reform the totally outdated Mental Health Act; how it will make a particular difference to those with serious mental health issues in my constituency, including children with anorexia issues whose parents have brought them to see me recently; and how it will deliver for people and their families as they go through really difficult treatment, making it more personalised for them?
I commend my hon. Friend on all the campaigning he has done on mental health and suicide prevention ever since he entered the House. The meetings I have had with him have gone directly into the publication of this Bill. The Bill will make a difference. I have summarised how it will result in more personalised care. Alongside the new resources, it will really help his constituents and many others.
I welcome the Bill. The acuteness of people’s mental health challenges while in the community is escalating before appropriate intervention is taken. How will the Bill ensure that earlier interventions are made, so that people do not have to go into secure accommodation for their safety?
Once the Bill is law, it will require the use of secure accommodation to be limited to those who absolutely need to be detained, either for their protection or for the protection of others. Alongside the Bill, we need to make sure that the right resources are there. I mentioned earlier the extra resources that are going in, to a record level, including today’s announcement of the £150 million.
I, too, thank the Secretary of State for sharing his personal experience, which it is so important to do. Will he tell me how he will match up the welcome provisions in the Bill with the need to ensure that action is taken? How will the resources match the responsibilities in the Bill?
When it comes to resources for mental health, we have not been waiting for the Bill. Although the Bill is an important part of ensuring that people get the right treatment, the commitment to resources began with the NHS’s long-term plan, which means that an additional £2.3 billion a year will be going into mental health services by 2023-24. Alongside that, an additional £500 million at least has gone in to support people with mental health needs because of the pandemic.
I refer to my entry in the Register of Members’ Financial Interests, as a vice-president of the Local Government Association.
Far too many people are sent to mental health and learning disability placements out of their area. In April 2021, the Government committed to end the practice, but in March 2022 some 670 people were in out-of-area placements and, most concerningly, 50 of them were more than 300 km away from their homes. When will the Government meet their target and end out-of-area placements? What discussions has the Secretary of State had with the Secretary of State for Levelling Up, Housing and Communities about the issue of commissioning?
This is a very important issue on which the Government have been working with people across the sector, including in the NHS. We will shortly publish information on how we will build in the right support in the community plan.
I am afraid we are overseeing a scandal brewing in compulsory treatment as a result of covid. Because of the lack of available tier 4 beds, children up and down the country are in medical wards, and we see unsettling reports of restraint being used to feed them even though, when they get to see a mental health professional, they should not be force fed. I am conscious that the Secretary of State has answered a question about this already, but will the Government commit to starting to record restraint for feeding, no matter where patients are in the system and including in medical wards?
We of course want to ensure that children with mental health challenges, including eating disorders, get the support that they need. That is why during the pandemic—just last year—we put in an additional £79 million specifically for children’s mental health services. That is providing many thousands more children with that support.
The Bill’s focus is on individuals who are sectioned under the Mental Health Act, which is important, but I refer the Secretary of State back to the issue of waiting times raised by many Members. In December, I spoke to my constituent who was concerned about the welfare of his child who suffers from an eating disorder. At every stage, it has impacted his mental health. Despite the local services, this child is still waiting, six months on, just to see a specialist. The limited staff available cannot cope. What is the Secretary of State doing now to address the issue so that we do not see more young people suffer?
We are putting in record amounts of new investment, with newer services. During the pandemic, we established for the first time a national 24/7 all-age mental health helpline. I would like to make that permanent, beyond the pandemic. When it comes to NHS talking therapies, I mentioned earlier that some 1.25 million people were seen last year. We aim to get that up to 1.9 million over the next couple of years. When it comes to waiting times, the hon. Lady is right that there is a waiting time for high-intensity mental health services, and the NHS is of course working to bring that down. For low-intensity mental health services we have managed to bring the median waiting time down to 14 days nationally.
I thank the Secretary of State for his clear commitment to make things better. We are most grateful for that. I wholeheartedly welcome the strategy in his statement on mental health, but I am of the belief that the lockdown has impacted and exacerbated mental health issues in each corner of this great United Kingdom of Great Britain and Northern Ireland.
With that being the case, can the Secretary of State tell me what discussions have taken place with the relevant Minister in the Northern Ireland Assembly? Furthermore, the Secretary of State said that £2.3 billion had previously been allocated for this. How much will come to Northern Ireland through the Barnett consequentials, taking into account the fact that Northern Ireland has the largest percentage of mental health disorders in the United Kingdom and is in need of similar radical reform and, indeed, additional funding as well?
Much of the work that has gone into the publication of this draft Bill, such as that carried out by Sir Simon as well as the work that went into the White Paper, would apply equally to Northern Ireland. We stand ready to work with our friends in Northern Ireland to help them if they wish to go down a similar route. I can also confirm that the Barnett consequentials for the £2.3 billion would have gone to Northern Ireland.
(2 years, 1 month ago)
Commons ChamberOn a point of order, Madam Deputy Speaker. You will no doubt be aware of the judgment of the Supreme Court in America on the case of Roe v. Wade at the end of last week, which put women’s reproductive rights back 50 years by removing the constitutional right to access abortion services. Given the leadership that the United States plays in the world and the fact that the right-wing American groups and media will now feel fully emboldened to campaign for the rolling back of women’s rights in the United Kingdom, have you had any indication or notification from the Government of a statement that will be made to this House about the human rights of women in the United States, in the United Kingdom and, indeed, around the world, and, if not, how can we put it on the record that we are very concerned about what has happened in the United States?
I thank the right hon. Lady for her point of order. I have not received any notification that the Government are intending to make a statement on this, and I do not believe that the Speaker’s Office has either. However, I am sure the Treasury Bench will have heard her comment. Obviously, she has also put on record her concern about this issue.
On a point of order, Madam Deputy Speaker. I apologise: there are three parts to this.
On 23 May, I raised a point of order about the failure of the Department for Business, Energy and Industrial Strategy to respond to my correspondence on behalf of my constituent, Mr Brian Price of Treorchy, since I first wrote to the Government on 25 November 2020—not 2021. Eight letters, one parliamentary question and a point of order later, and a month after that, guess what? Still no reply. What can I do?
Likewise, I wrote to the Foreign Secretary making a formal subject access request to the Foreign, Commonwealth and Development Office on 8 March of this year. I was told that I would get a formal response within a calendar month. On 20 April, the FCDO wrote to give a new date to respond—20 June. Guess what, Madam Deputy Speaker? Last week, I received this reply:
“We cannot at this stage give you a definitive date of when we will be able to issue our reply.”
But the law requires answers to subject access requests within a calendar month. What can I do?
So far, this month, we have had 42 passport cases in my constituency—and that is just this month—and 16 new passport cases today. My constituents ring and ring and ring, but they get no answer. When my staff ring on their behalf, they often get an answer on the phone, but, again, there is no substantive answer at the end of all of that. What can I do?
I thank the hon. Gentleman for his point of order and for giving notice of it. Obviously, it is extremely important that Members receive timely answers to their questions. I notice that he referred to the FCDO. The Foreign Secretary is in her place, so I am sure that she will have heard his point and will perhaps make some inquiries as to whether the answer might be forthcoming.
In a more general way, I am sure the Whip is writing down as we speak the fact that the hon. Gentleman has raised this point of order about receiving answers to questions. In addition, the hon. Gentleman may like to approach the Procedure Committee, which I understand keeps statistics on the problems that may arise with the answering of questions and publishes a report on them. That may be another route he could take. He knows very well that he could also raise the matter at business questions. I understand his frustration and I reiterate, as I know Mr Speaker would want me to, that it is important that Members get answers to their questions.
On a point of order, Madam Deputy Speaker, on Thursday 23 June the Under-Secretary of State for the Home Department, the hon. Member for Redditch (Rachel Maclean) claimed that,
“the Government has legislated to prevent fire and rehire”.
To my knowledge, the Government have not voted to pass any legislation to prevent fire and rehire since the Bill introduced by my hon. Friend the Member for Brent North (Barry Gardiner) last year. Can the Chair direct me on how I can best go about correcting the record?
Again, I am grateful to the hon. Gentleman for giving notice of his point of order. Of course it is not for the Chair to fact-check comments made by Members or Ministers, but if the Minister feels there has been any inaccuracy, there are ways for the record to be corrected. The hon. Gentleman has put his point on the record, and I am sure that that will be fed back from the Treasury Bench.
Bill Presented
House of Lords (Elected Senate) Bill
Presentation and First Reading (Standing Order No. 57)
Paul Maynard, supported by John Stevenson, presented a Bill to replace the House of Lords with an elected senate; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 9 September, and to be printed (Bill 119).
(2 years, 1 month ago)
Commons ChamberI must inform the House that the reasoned amendments have not been selected. Before I ask the Foreign Secretary to move Second Reading, I reiterate how important it is for Members who wish to speak in the debate to be here at the beginning to hear all the opening speeches, to stay in the Chamber for the vast majority of the debate and certainly for the winding-up speeches, and to be there in good time. It is very discourteous not to follow those rules, especially on an important debate such as this.
I beg to move, That the Bill be now read a Second time.
We are taking this action to uphold the Belfast/Good Friday agreement, which has brought peace and political stability to Northern Ireland. The Northern Ireland protocol is undermining the function of the agreement and of power sharing. It has created fractures between east and west, diverted trade and meant that people in Northern Ireland are treated differently from people in Great Britain. It has weakened their economic rights. That has created a sense that parity of esteem between different parts of the community, an essential part of the agreement, has been damaged.
The Bill will address those political challenges and fix the practical problems the protocol has created. It avoids a hard border and protects the integrity of the UK and the European Union single market. It is necessary because the growing issues in Northern Ireland, including on tax and customs, are baked into the protocol itself. Our preference remains a negotiated solution, and the Bill contains a provision that allows for negotiated agreement, but the EU has ruled out up-front making changes to the text of the protocol.
I congratulate the Foreign Secretary on her very patient and good diplomacy. Will she confirm that this very moderate measure is completely legal and essential to the peace and good will of Northern Ireland?
I can absolutely confirm that this Bill is both necessary and legal, and the Government have published a legal statement setting that out.
I will make a bit more progress and then allow some further interventions.
We continue to raise the issues of concern with our European partners, but we simply cannot allow this situation to drift. Northern Ireland has been without a devolved Government since February due specifically to the protocol, at a time of major global economic challenges. Therefore, it is the duty of this Government to act now to enable a plan for restored local government to begin. It is both legal and necessary.
This Bill fixes the specific problems that have been caused in Northern Ireland while maintaining those parts of the protocol that are working. It fixes problems in four areas: customs and sanitary and phytosanitary; a dual regulatory model; subsidy control and VAT; and governance. On customs and SPS, the Bill creates a green and red lane system. All those trading into Northern Ireland will be part of a trusted trader scheme. Goods destined for Northern Ireland will not face customs bureaucracy. Goods for the Republic of Ireland and the EU will go through four EU-style border procedures. All data from both the green and red lanes will be shared with the EU in real time as the goods depart from Great Britain. This means that the EU will have this data before the goods arrive in Northern Ireland, ensuring that the EU single market is protected.
I thank the Secretary of State for bringing this forward and for her comprehensive understanding of the position of many people in Northern Ireland. As someone who has had businesses contacting me for those who have openly stated that they are from a nationalist tradition and yet feel afraid to voice complaints to their own MP for fear of reprisals, I speak with confidence in assuring the Secretary of State that Northern Ireland as a whole needs this Bill not simply for cultural identity, which is imperative, but for financial viability for small businesses due to the effects of the EU’s vindictive approach to block VAT and state aid. This Bill really is long overdue.
Order. Interventions should be fairly brief because we have a lot of people wanting to speak in this debate.
I was talking about the data that we are sharing with the EU. I am pleased to say that we already have this system in place. We are giving demonstrations to businesses and the EU to show how it works, and I am happy to make those demonstrations available to Members of Parliament as well. Any trader violating the lanes will face penalties and would face ejection from the scheme.
I have an immense amount of sympathy with what the Foreign Secretary is saying, and it does seem to me as though the EU is not being particularly constructive in trying to get the solution that we all want to see. But many of us are extremely concerned that the Bill brazenly breaks a solemn international treaty, trashes our international reputation, threatens a trade war at a time when our economy is flat, and puts us at odds with our most important ally. Can she say anything to reassure me in my anxieties on these points?
As I said at the outset, our preference is for a negotiated solution, and we have sought that for 18 months, but as recently as last weekend the EU has refused to change the text of the protocol. That is why there is strong legal justification, as set out in our legal statement, for us taking this action. Our priority, as the United Kingdom Government, has to be political stability within our own country. While we put this Bill through Parliament, we will continue to seek a negotiated solution with the EU, and there are provisions in the Bill to deliver that. I would strongly encourage my right hon. Friend to raise this with the EU directly and to encourage a negotiated solution, because there is a solution to be achieved. We have laid it out very clearly with our red and green proposal, but we do need the EU to agree to change the text of the protocol. That is the fundamental issue that needs to be addressed.
I am grateful to the Secretary of State for giving way. The Government’s legal position prays in aid the international law doctrine of necessity, but the International Law Commission says that where a state has itself contributed to the situation of necessity, that doctrine cannot be prayed in aid. Given that the Prime Minister signed the withdrawal agreement, including the protocol, in the knowledge that it would give rise to precisely the difficulties of which the Government now complain—we debated it on the Floor of the House—does the Secretary of State not see that there is a pretty big hole in the legal advice she has been given?
We set out the case extremely clearly in the legal advice, and the doctrine of necessity has been used by other Governments in the past where there is a severe issue and the other party is unwilling to renegotiate that treaty. That is the position we are in with the Northern Ireland protocol. What I would ask the hon. and learned Lady and other Members on the Opposition Benches is this: given that the EU refuses to reopen the Northern Ireland protocol, and issues around customs and tax are specifically baked in, what is their solution for dealing with the real issues in Northern Ireland? We have looked at all the alternative solutions, and the only effective solution is this Northern Ireland Protocol Bill, in the absence of the EU being willing to negotiate a new protocol.
My right hon. Friend could also point out that the protocol itself contains provisions for it to be changed, and the EU refuses to contemplate using those provisions. May I also point out that at the time we signed the protocol, we did not know the shape of the trade and co-operation agreement, and it was reasonable to expect the EU to give mutual recognition of products and standards, including SPS standards, as it has with New Zealand, for example? The EU refuses to give us those provisions. The problems in the protocol would be much less if the EU had given us a better trade deal.
My hon. Friend is absolutely right that the protocol is not set in stone. That is why for the past 18 months this Government have sought to achieve negotiated changes to the protocol. In the absence of the EU being willing to change the text, the only way to resolve this matter is for us to legislate.
I am going to make more progress, and then I will take more interventions.
We fully understand and respect the legitimate concerns of the EU that the single market should be protected. Our solution does just that. The Bill will also establish a dual regulatory regime so that businesses can choose between meeting UK and EU standards. That removes the barriers to goods made to UK standards being sold in Northern Ireland and it cuts the processes that drive up cost for business. It prevents unnecessary divergence between two parts of the UK internal market. Anybody who trades into the EU single market will still have to do so according to EU standards.
The Bill will also ensure that the Government can set UK-wide policies on subsidy control and VAT, overcoming constraints that have meant Northern Ireland has not benefited from the same support as the rest of the UK. For example, at present people in Northern Ireland are not able to benefit from the VAT cuts on solar panels that the Chancellor announced in the spring statement.
These are essential functions of any 21st-century state, but they are especially important in Northern Ireland, where the UK Government play an outsized role in the local economy. We will maintain the arrangements in the protocol on VAT, which support trade on the island of Ireland while ensuring that Northern Ireland can still benefit from the freedoms and flexibility available in Great Britain.
Does the Secretary of State understand why so many people would accuse this Government of the most rank hypocrisy? First, this is a predictable outcome of the agreement that they negotiated when they did not give a fig for the situation in Northern Ireland, frankly. Secondly, if they were serious about negotiations, they could be using article 16. Thirdly, at the very same time that the Prime Minister is gladhanding G7 leaders in Bavaria and extolling the virtues of a rules-based international system, his own Government at home are riding a horse and coaches through a rules-based system. Does she understand the concerns we have? What kind of reputation will the UK have on the global stage as a result of this proposal?
As I have made clear, the Belfast/Good Friday agreement should have primacy. The fact is that it has been undermined over the past two years, as we can see from the fact that the institutions of Northern Ireland are not up and running. That is why the Government need to act, and we are doing so in a reasonable and legal way.
I entirely accept my right hon. Friend’s desire to achieve a negotiated settlement if at all possible; I know how much work has gone into that. To return to the legal point, she will know that the application of the doctrine of necessity requires both the legal tests to be met and the evidential base to be there, because it is largely fact-specific to show whether those tests have been met. I know that the Government have been working hard to assemble that evidential base, but can she tell us when it will be available to the House so that we can form a judgment as to whether those legal tests are met and, therefore, proportionality and necessity are met? It would be helpful to have that before we come to a conclusion on the Bill.
I thank my hon. Friend for that point. There are clearly very severe issues in Northern Ireland, including the fact that its institutions are not up and running, which mean that the UK has to act and cannot allow the situation to drift. I do not think that we have heard what the Opposition’s alternative would be, apart from simply hoping that the EU might suddenly negotiate or come up with a new outcome.
Perhaps the hon. Lady can give us an idea about her alternative plan.
Over the past six years, I have given several alternatives, including as a shadow Minister. The Secretary of State talks about the institutions. Can she give the House the details of the agreement she has secured from the political parties in Northern Ireland that they will return to Stormont on the completion of the Bill—or on the completion of Second Reading, at any point during the Committee stage, or on Third Reading? What in the Bill has secured that? What role is there for anybody in Northern Ireland, given that the powers go to the Minister of the Crown?
I note that the hon. Lady has not come up with any alternatives to the Bill to move the situation forward. The approach we have taken, with the four areas that I am talking through, is to identify what the practical problems are for the people of Northern Ireland and to come up with solutions that address those problems while protecting the EU single market. It is our expectation that the passage of the Bill will result in the institutions being re-established.
I will make progress on talking through the elements of the Bill, but I will be happy to accept further interventions later.
The Bill will ensure that the Government can set UK-wide policies on subsidy control and VAT, which will overcome the constraints that have meant that Northern Ireland has not benefited from the same support as the rest of the UK, as I mentioned. It will also maintain the arrangements in the protocol on VAT that support trade on the island of Ireland, while ensuring that Northern Ireland can still benefit from the freedoms and flexibilities available in Great Britain.
The Bill will remove the role of the European Court where it is not appropriate, including its role as the final arbiter of disputes. That is in line with normal international dispute-resolution provisions, including in the trade and co-operation agreement. The Bill will also enable courts to seek an opinion from the European Court on legitimate questions of the interpretation of EU law, which will ensure that it can still be applied for the purposes of north-south trade.
The Belfast/Good Friday agreement is based on consent from both communities. All Unionist parties have cited the European Court as a main cause of major democratic deficit. Together with VAT and state aid rules, it causes Unionists to feel less connected and less part of the UK. This is not a hypothetical issue; the European Court has already become one of the most controversial elements of the protocol and threatens to disrupt everyday lives. The EU has brought infraction proceedings against the UK in five areas that cover issues such as parcels and transporting pets. To be absolutely clear, the Bill changes only the parts of the protocol that are causing the problems and undermining the three strands of the Belfast/Good Friday agreement.
I have a very short question, which is simply this. The Foreign Secretary says the Bill is legal, but lots of people disagree with her, including lots of very eminent lawyers both in this country and elsewhere. Which body will arbitrate on the decision as to whether this Bill is legal?
We have published our Government legal statement, which clearly states the reasons why this Bill is legal and the necessity of pursuing this Bill. I return to my point about the lack of alternatives being proposed by the Opposition. We have exhausted all the other avenues, and this remains the course of action that is actually going to deliver for the people of Northern Ireland and re-establish the institutions.
There is a lot of talk about international law, but can I take the Foreign Secretary to paragraph 3 of article 2 of the UN charter? It says:
“All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.”
That is incumbent on us and the EU, and the EU needs to engage with us and negotiate so that peace is not threatened.
My hon. Friend is right. It is very clear from the legal advice that one of the issues is that the EU will not change the text of the protocol even though, when the protocol was negotiated, it was very clear that it was not set in stone and should be subject to change because of the very unique situation in Northern Ireland.
We are very clear that there are elements of the protocol that are working and that we do want to maintain. We will maintain the conditions for north-south co-operation and trade, and uphold the common travel area. We will maintain the functioning of the single electricity market, which benefits both the Republic of Ireland and Northern Ireland.
The Bill provides specific powers to implement technical regulations as part of our solution, and today we launched a consultation with businesses to make sure that the way it is implemented works for the people of business in Northern Ireland. We will continue consulting with businesses and the EU over the coming weeks to make sure that the implementation works.
One of the fundamental purposes of this long-awaited Bill is to uphold the critical Good Friday agreement, which as the whole House knows completely underpins the maintenance of peace and political stability in Northern Ireland. That being the case, for those who follow this matter closely, including in the United States, will the Foreign Secretary confirm that one of the strongest advocates for action on this has been Lord Trimble, the Nobel laureate, who helped negotiate the Good Friday agreement in the first place?
My right hon. Friend is absolutely right. We all know how hard-won peace and political stability in Northern Ireland was, and we all know how important it is that the Belfast/Good Friday agreement is upheld and is not undermined. That is the discussion I have been having with colleagues in the United States and around the world, and those who have experienced the situation in Northern Ireland fully understand how important it is that we act and that we cannot allow this situation to drift.
I know there are those across the House who want to give negotiation more time. The problem we face is that we have already been negotiating for 18 months. We have a negotiating partner that is refusing to change the text of the protocol. Meanwhile, we have a worsening situation in Northern Ireland. So it is firmly the view of this Government that we need to act. We are pursuing this legislation as all other options have been exhausted.
Our first choice was and remains renegotiating the protocol text with the EU. This is in line with the evolution of other treaties, which happens all the time. For example, both the EU and the UK are currently renegotiating changes to the energy charter treaty. Given the unique nature of Northern Ireland and the unprecedented nature of these arrangements, it was always likely that flexibility would be needed. In fact, that flexibility was explicitly acknowledged in the protocol itself, but despite the fact that we have been pursuing these renegotiations we have not seen the flexibility needed from the EU.
As recently as this weekend, the EU said it will not renegotiate the text of the protocol, and Members across the House will have seen that the EU put forward proposals last year and again a fortnight ago; it is worth pointing out that those proposals will leave the people and businesses of Northern Ireland worse off than the current standstill arrangements. Its proposals would make the situation on the ground worse, adding further to the tensions and stresses; goods going solely to Northern Ireland would still face customs paperwork and sanitary and phytosanitary certificates.
Does my right hon. Friend agree that this Bill is borne out of necessity: necessity to act in our national interest, to provide a permanent solution to a temporary measure, to preserve the Belfast agreement, and to preserve the constitutional settlement that keeps Northern Ireland as part of the UK? It is a necessity to prevent a democratic deficit and to use international law to safeguard and protect our essential interests while protecting those of the EU.
My hon. Friend is absolutely right. We still face a situation in which the EU has refused to change the text of the protocol, and its proposals do not even address many of the issues of concern—over governance, subsidies, manufactured goods and VAT. Without dealing with those very real issues for the people of Northern Ireland we are not going to see the balance of the Belfast Good Friday agreement restored, and we are not going to see the cross-community support we need to get the political institutions back up and running.
The Foreign Secretary knows that the three things that need to be resolved are the friction in trade; repairing the harm to our constitutional position within this country; and erasing the democratic deficit at the heart of the protocol. The Foreign Secretary has fairly outlined the myriad steps the Government have taken; if this Bill is required, they can have our support in resolving these issues, but she will also hear a lot of opposition from Members of other parties on this side of the House. In hearing that opposition from colleagues sitting to my right and left, can she identify even one of them who advocated using article 16 or the provisions of the protocol, or have they simply no interest in trying to resolve the issues affecting the people of Northern Ireland today?
The hon. Gentleman makes a very good point. Those who advocate further negotiation with the EU need to persuade the EU to change its negotiating mandate so the text of the protocol can change, because we know that those specific issues, including on the customs bureaucracy and VAT, can only be addressed by addressing the text of the protocol itself.
I want to come on to the specific point the hon. Gentleman made about article 16. Of course we have looked at triggering article 16 to deal with this issue; however, we came to the conclusion that it would not resolve the fundamental issues in the protocol. It is only a temporary measure and it would only treat some of the symptoms without fixing the root cause of the problems, which are baked into the protocol text itself. It could also lead to attrition and litigation with the EU while not delivering sufficient change.
I want to be clear: we do not rule out using article 16 further down the line if the circumstances demand it, but in order to fix the very real problems in Northern Ireland and get the political institutions back up and running, the only solution that is effective and provides a comprehensive and durable solution is this Bill.
I suspect that when the Foreign Secretary was campaigning for Britain to remain in the European Union, she never in a million years thought she would be standing here proposing a Bill of this sort. In light of the comment she just made about article 16, why are the Government not proposing to use the legal method to raise these questions with the European Union through the treaty they signed, rather than claiming necessity? The Foreign Secretary has yet to give me a single example where the British Government have claimed necessity for abrogating a treaty they have negotiated and signed.
The reason why I am putting the Bill forward is that I am a patriot, and I am a democrat. Our No. 1 priority is protecting peace and political stability in Northern Ireland and protecting the Belfast/Good Friday agreement. Nothing that the right hon. Gentleman has suggested will achieve that end.
I will finish off my remarks.
The only way for us to uphold the Belfast/Good Friday agreement and fix the problems in Northern Ireland is to pass this legislation. We have heard all kinds of complaining from the Opposition side about the solution that the Government are putting forward, but no alternative solution that will deliver.
I want to be clear that this is not my preferred choice, but, in the absence of a negotiated solution, we have no other choice. There is no need for the EU to react negatively. It will be no worse off as a result of the Bill. These issues are very small in the context of the single market, but they are critical for Northern Ireland.
The Foreign Secretary knows that I have grave concerns about her Bill, but may I ask her coolly to reflect on praying in aid patriotism as a defence of it? Is she seriously impugning the patriotism of colleagues across the House who have concerns about her Bill? I find that a false conflation.
I was directly responding to the point made by the right hon. Member for Leeds Central (Hilary Benn) about why I campaigned one way in the referendum and am now working to ensure that the Brexit negotiation that we achieved works for the people of Northern Ireland. That is because I believe in the Union of the United Kingdom and in the relationship between Great Britain and Northern Ireland, and I want to resolve those issues.
All I am pointing out to colleagues across the House is that I have negotiated in good faith with the European Union, but it has refused to change the text of the protocol. I have looked at all the options—including triggering article 16—to see whether they would work to resolve the serious issues in Northern Ireland, and I have come to the genuine conclusion that they will not.
Will the Secretary of State commit that never again will a Government stand at that Dispatch Box and change the Act of Union in a way that is detrimental to this United Kingdom that we all adhere to and all admire? Will she also confirm that more than 300 hours have been spent in negotiations with the EU and that it has resisted any change whatsoever, such is its animosity towards Northern Ireland?
The very clear reason why we are acting now is that there has been a refusal to change the text of the protocol, which is causing real problems in Northern Ireland. As I have said, these issues are very small in the context of the single market, but they are critical for the people of Northern Ireland, and it is in their interests that we are acting in putting through the Bill.
Once the legislation is enacted, we can draw a line under the issue and unleash the full potential of our relationship with the EU. Fundamentally, we share a belief in democracy, in freedom and in the right of all countries to self-determination. We are natural allies in an increasingly uncertain and geopolitical world.
I will not give way any more—the House will be pleased to hear that I am almost at the end of my remarks. We want to work with the EU for the betterment of not just Europe but the world, and we want to focus all our efforts on tackling external threats, such as Putin’s Russia. Once this legislation is passed, we will have a solution that helps to restore the balance between the communities, and that upholds the Belfast/Good Friday agreement. That is the purpose of the Bill, and I commend it to the House.
Less than three years ago, the Prime Minister stood at the Dispatch Box seeking to persuade the House to support the withdrawal agreement that he negotiated with the European Union. It was, he said,
“a great deal for England, Scotland, Wales and Northern Ireland.”—[Official Report, 19 October 2019; Vol. 666, c. 579.]
He urged each of us
“to show the same breadth of vision as our European neighbours”
with whom he had struck the agreement. He reassured us that
“Above all, we and our European friends have preserved the letter and the spirit of the Belfast/Good Friday agreement.”—[Official Report, 19 October 2019; Vol. 666, c. 571.]
His deal, he argued, was
“in perfect conformity with the Good Friday agreement.”—[Official Report, 19 October 2019; Vol. 666, c. 583.]
Today, 18 months after it came into force, the Government are taking a wrecking ball to their own agreement.
I refer the right hon. Gentleman to the very good proposal, made a few moments ago by the right hon. Member for Leeds Central (Hilary Benn), that we should trigger article 16. Do Her Majesty’s official Opposition agree with that proposal? Does the shadow Secretary of State believe that article 16 should be triggered now?
The most important thing in all this is peace, and getting power sharing up and running. Will the right hon. Gentleman acquaint the House with the discussions that he has had with the DUP on the solution to the problem, given that the DUP refuses to rejoin power sharing unless the protocol is dealt with? I am sure that he has discussed this with the DUP.
I call Ian Paisley on a point of order, but I hope that this is not a way of disrupting the debate.
Is it in order for the shadow Secretary of State to indicate that he has had negotiations with the Democratic Unionist party when no such negotiations have taken place, Madam Deputy Speaker?
I thank the hon. Gentleman for his point of order. He knows that he is well able to ask to intervene again on the shadow Secretary of State. It undermines our debates if we come up with endless points of order that interrupt them. It is not a fair thing to do. The hon. Gentleman will try to catch my eye later; I suggest that we try to respect each other in the Chamber.
I will not; I will make some progress.
The Government are bringing the Bill to the House because they object to the text that they negotiated, and the choices that they freely made. They are asking each Member of the House to vote for a Bill that flouts international law. That proposition should never be put to hon. Members. The Bill is damaging and counterproductive. The strategy behind it is flawed. The legal justification for it is feeble. The precedent that it sets is dangerous and the timing could hardly be worse. It divides the United Kingdom and the European Union at a time when we should be pulling together against Putin’s war on the continent, and it risks causing new trade barriers during a cost of living crisis.
The protocol makes very clear the primacy of the Good Friday agreement for peace in Northern Ireland and says that the EU will respect our internal market. The EU is doing neither. What is the right hon. Gentleman’s policy to persuade it to do so?
Negotiate—just as Labour did to get the Good Friday agreement. We negotiate. We do not break international law and alienate our partners and allies not just in Europe but across the world, and the right hon. Gentleman should know better.
As we debate the Bill, we should ask ourselves some simple questions. First, will it resolve the situation in Northern Ireland? Secondly, is it in the best interests of our great country? Thirdly, is it compatible with our commitment to the rule of law? Let me take each of those in turn.
Will the right hon. Member give way?
I will not at the moment.
Let us deal with Northern Ireland first as context. None of us in this House doubts that the situation in Northern Ireland is serious. Opposition Members need no reminder of the importance of the Good Friday agreement, which is one of the proudest achievements of a Labour Government, together with parties and communities across Northern Ireland and the Irish Government in Dublin. It was the result of hard work and compromise, graft and statesmanship, a relentless focus on the goal of peace. It was born six months after Bloody Sunday. For more than half my lifetime, Northern Ireland endured the pain and violence of conflict and division. More than 3,500 people were killed. Thousands more were injured. Cities and communities were riven by intolerance and division. I remember what that conflict brought to my city, from the Baltic Exchange attack to the Docklands bombing. Above the door over there and other doors into this Chamber are plaques to Airey Neave, Ian Gow, Sir Anthony Berry, Robert Bradford and, most recently, to Sir Henry Wilson.
Nearly a quarter of a century has passed since that hopeful Easter in 1998. Since then, we have seen transformational progress. A generation has grown up in a new Northern Ireland, harvesting the fruits of a hard-won peace. That legacy demands that all of us act with the utmost responsibility and sensitivity. We need calm heads at this moment and responsible leadership.
We recognise that the operation of the protocol and the barriers and checks that were inherent in its design have created new tensions that need to be addressed. Unionists feel that their place in the UK is threatened, and we must listen to all concerns on all sides. We all want to see power sharing restored. The UK Government, the European Union and parties across Northern Ireland need to show willing and act in good faith. However, at its most fundamental level, the Bill will not achieve its objectives. The House cannot impose a unilateral solution when progress demands that both sides agree. This is not an act of good faith, nor is it a long-term solution.
Only an agreement that works for all sides and delivers for the people and businesses of Northern Ireland will have durability and provide the political stability that businesses crave and the public deserve. Instead, the Bill will make a resolution more difficult. By breaking their obligations, the Government dissolve the little trust that remains; by taking this aggressive action, we make it harder for those on the other side of the table to compromise. On that basis alone, the Bill should be rejected.
I recognise the comments that the shadow Secretary of State has made about the Belfast agreement and the need for consensus. He is aware that there is not a consensus in support of the protocol; there never has been one, from day one, in Northern Ireland. I gave time—a lot of time—for the negotiations to progress, but that did not work because the EU fundamentally refuses to change the text of the protocol. If the shadow Secretary of State is serious about getting a solution that works, will he go to the EU and join the Government in making the argument that the EU needs to agree to a negotiation in which it is prepared to change the text of the protocol?
I am grateful for the right hon. Gentleman’s experience in these matters, and indeed when the protocol was being negotiated in the first place. May I say that I met EU ambassadors in London last week and made that very point? I point him to the speech that I made last week, in which I highlighted exactly what he has just said.
I do not think that anyone in this House can doubt the right hon. Gentleman’s personal commitment to the Belfast/Good Friday agreement, after the remarks that he has made. As someone whose father was nearly blown up in the Grand Hotel, I share that passion, but the problem that the right hon. Gentleman has to grapple with is that he wants a negotiation. What if the EU will not negotiate? What would he do then? That is the position that we are in. We cannot elevate the protocol to be more important than the Belfast/Good Friday agreement. That is the necessity we face.
I accept the sincerity with which the hon. Gentleman makes his remarks. Let me just say that they have said that trust is at an all-time low. The question for this House is whether the Bill maintains or assists trust, given that ultimately this will be an agreement and it will be negotiated.
My right hon. Friend is making a brilliant speech. Is he aware of comments by the US trade representative Ambassador Tai, from Speaker Pelosi and indeed from a host of our American allies in Congress? They have been very clear with us that there will be no US-UK trade deal unless there is a durable way forward on the Northern Ireland question. Not only does this reckless approach risk destroying relations with the EU, but it puts a deal with America at risk.
My right hon. Friend is exactly right. I have been to Washington on three occasions in the past six months, and I can say that across the political divide, Republicans and Democrats have raised the issue. On my most recent visit, they were aghast; they had not seen the content of the Bill at that stage, but they were aghast at the proposition. Perhaps the Northern Ireland Secretary might tell us what our American friends and allies have said in relation to the Bill now that they have seen the draft.
My second question is whether the Bill is in the best interests of this country. As we stand here today, Britain faces the worst cost of living crisis in decades. Inflation is at more than 9%, bills are rising, energy costs are soaring and supply chains are under pressure. It beggars belief why, at this time, the Government would choose to risk new frictions in our trading relations with the EU. They cannot get away with abdicating responsibility for this reckless conduct. If we choose to break a contract, we cannot plausibly expect the other side to take no action in response. We cannot claim that we did not foresee the consequences. Of course the European Union would respond, just as we would if the situation were reversed. I will wager that the Foreign Secretary would be one of the first people to complain if the boot were on the other foot.
A game of brinkmanship with the European Union will only add to our economic problems, but this is not just about economic concerns, important though they are. We must also see the bigger picture. For four months, the Putin regime has fought a bloody war against Ukraine. As a Parliament, we have been united in our support for Ukraine and our staunch opposition to Russia’s aggression. NATO allies and European partners have stood together. How can this be the right moment to deepen a diplomatic row? How can this be the right time to tell our friends and partners that we cannot be relied on? I cannot help noting that some Conservative Members told us that the situation in Ukraine was too serious—that this was not the right time to change Prime Minister. Apparently, however, it is not serious enough to prevent us from starting a diplomatic fight with some of our closest allies.
Thirdly, is the Bill compatible with international law? [Hon. Members: “ Yes.”] Quite simply, the Bill breaks international law. It provides for a wholesale rewrite of an international treaty in domestic law. One of the most troubling aspects is the dangerous legal distortion that is used to justify it. The doctrine of necessity is not an excuse for states to abandon their obligations. It exists to do precisely the opposite: to constrain the circumstances in which states can legitimately claim that their hand has been forced. It requires this action to be the “only way” possible to resolve the issue, but the Government have not used article 16 and still say that a negotiated solution is possible. It requires a grave and imminent peril, but the Government have chosen a route that will involve months of parliamentary wrangling to fix issues such as unequal VAT rates, which no reasonable person could consider a matter of grave peril. It requires the invoking state not to have contributed to the situation of necessity, but the problems are a direct result of the choices that the Government made when negotiating with the European Union. If they were not, we would not need to change the text of the protocol at all.
The right hon. Gentleman is making a powerful speech, particularly on the legal points. He has listed all the problems with the Government’s legal note of advice. Does he, like me, find it interesting that, whenever any of us raise these points, no Conservative Member is capable of answering them?
If I heard him aright, the right hon. Gentleman indicated earlier that the Government should have used article 16. He said, “They have not yet used article 16”, indicating that they should use it before going down this road. It was, however, the hon. Member for Sheffield, Heeley (Louise Haigh), who I think is the shadow Northern Ireland Secretary, who said that triggering article 16 would “prolong and deepen” uncertainty in Northern Ireland and pose another huge risk to stability there. Does this now mean that the Government should have triggered article 16, or that they should not—or maybe that there is a disagreement, or maybe that it will not be decided until after the passage of the Bill?
I think that the right hon. Gentleman is putting words in my mouth. Article 16 arises in relation to the defence that the Government suggest: the doctrine of necessity—that is, they have not used it and the point of using it is that, at the very least, it would be legal.
“Pacta sunt servanda”. Agreements must be kept. This is the essence of international law: the solemn promise of states acting in good faith and upholding their commitments to treaties that they have agreed. How would we react if a country we had renegotiated with did the same thing and simply disregarded the commitments we had mutually agreed on? I do not doubt that, if an authoritarian state used necessity to justify its actions in breaking a treaty in the manner the Government are proposing to do through this Bill, the Foreign Secretary and many of us across this House would condemn it.
Since the right hon. Lady became Foreign Secretary, the Foreign Office has issued countless statements and press releases urging others to meet their international obligations. They include Iran under the joint comprehensive plan of action; China under the joint declaration of Hong Kong; and Russia under the Budapest memorandum. In just the last fortnight, the Foreign Office under her leadership has publicly called on Bolivia, Sri Lanka, Myanmar, Nicaragua, South Sudan, Eritrea and Ethiopia to meet their international obligations. Hypocrisy is corrosive to our foreign policy and I know that Members from across the House share these concerns.
I take this point from my right hon. Friend’s mention of the Budapest accord: when the UK signs a document, it really needs to stand by it. We did not stand by the Budapest accord either. We did not make sure that the text was proper before we brought it to Parliament, and that is one of the reasons we have the problems we have today, is it not?
My hon. Friend is absolutely right. When we use the word “honourable” across this House, it means something. It is about the integrity of this place and about the pre-eminent position that this Parliament and this country find themselves in on matters of international affairs. That is why this is such a sombre moment.
The right hon. Gentleman is making a thoughtful speech and these matters deserve thoughtful consideration, but could he take advantage of his time at the Dispatch Box to tell us whether he would change the protocol? If so, how would he change it? How does he think the process of negotiation, which has failed so far, would achieve those changes?
The shadow Secretary of State has made much of the Government abandoning their obligations, but surely the obligation in the protocol was designed from the EU’s point of view to protect the EU single market. How does this Bill not give that guarantee to the EU, when goods going into the Republic will be checked, when there will be severe penalties on those who try evade those checks and when any firms producing in Northern Ireland will have to comply with EU rules when they are sending goods to the Republic? Surely that safeguards the single market and the obligations will be met.
Let me just make some progress, because I have been on my feet for a long time and lots of hon. Members want to contribute to the debate.
Our country’s reputation is a matter beyond party. It is hard won and easily lost. When this Bill was first mooted, the right hon. Member for Maidenhead (Mrs May) asked
“what such a move would say about the United Kingdom and its willingness to abide by treaties that it has signed.”—[Official Report, 10 May 2022; Vol. 714, c. 38.]
The hon. Member for Bromley and Chislehurst (Sir Robert Neill) said in a thoughtful piece on this legislation last week that our country
“benefits greatly from our reputation for keeping our word and upholding the rule of law...We should be very wary indeed of damaging that standing.”
The right hon. Member for North Thanet (Sir Roger Gale) said,
“I don’t see how…any member of parliament can vote for a breach of international law.”
Lord Anderson and Lord Pannick, who are among the most distinguished lawyers in the country, have called this Bill a “clear breach” of international law that
“shows a lack of commitment to the rule of law and to a rules-based international order that damages the reputation of the UK.”
And Sir Jonathan Jones QC, formerly the most senior lawyer in Government, has described the legal justification for the Bill as “hopeless.” This is, of course, the same distinguished lawyer who resigned last time the Government proposed legislation in violation of their own treaty commitments. On that occasion, the Secretary of State for Northern Ireland had the temerity to tell the House the truth about the Government’s plan to break international law in a “limited and specific way.”
This Bill breaks the withdrawal agreement in a broad and extensive way while maintaining the pretence that it is somehow compliant. I am not sure what is worse—to be open about breaking the law or to dress up a treaty violation with this flimsy and transparent legal distortion.
The right hon. Gentleman is making a thoughtful speech. Will he confirm to the House that he has actually read the Northern Ireland protocol? If he has read it, will he remind the House of what article 13.8 says about the ability to amend or even supersede the protocol entirely?
The right hon. Gentleman has, like me, been in this House for many years. This is too serious an issue for any shadow Minister or Minister not to have spent the whole weekend working hard on the Bill, as he knows. He also knows that we all come to this House hopeful of reaching agreement, but very conscious of the lawbreaking that is going forward, so of course I have read it.
Undermining international law runs counter to Britain’s interest, damages Britain’s moral authority and political credibility, and risks emboldening dictators and authoritarian states around the world. It serves the best interests of those who want to weaken the rule of law, and it is unbefitting of this great country.
This Bill not only contravenes international law but affords the Government extraordinary powers and denies proper respect to the role of this House. Fifteen of the 26 clauses confer powers on Ministers. The Hansard Society, not an organisation known for hyperbole, has called the powers given to Ministers “breathtaking.” Professor Catherine Barnard of Cambridge University has called these powers “eye wateringly broad.”
Ministers may use these powers whenever they feel it appropriate. Clause 22 allows them to amend Acts of Parliament, and clause 15 gifts them the power to disapply other parts of the protocol, potentially including the article on democratic consent in Northern Ireland. Ministers could use secondary legislation to change not just primary law but an international treaty. This is a power grab so broad it would make Henry VIII blush.
Clause 19 allows Ministers to implement a new deal with the European Union without primary legislation. Do Conservative Back Benchers really want to give any Foreign Secretary that power? This is brazen Executive overreach. It is an act of disrespect to Parliament and all MPs should reject it.
As well as disrespecting Members and Parliament, the Bill is extraordinarily disrespectful to the representatives of people in Northern Ireland who will have no say on these provisions, as the Secretary of State is grabbing all the power.
I must make some progress, because I am very conscious that we will run out of time.
As I have outlined, the Bill is damaging and counterproductive, and it is also unnecessary. We want to see checks reduced to an absolute necessary minimum, and there are practical solutions if we work to find them. Let us lower the temperature and focus on what works.
For months, we have been urging the Government to negotiate a veterinary agreement with the European Union that could remove the need for the vast majority of checks across the Irish sea on goods travelling from Great Britain to Northern Ireland. New Zealand has such an agreement. Why cannot we have one? I do not believe that it is beyond the ability of a British Government to negotiate one. That could be the basis of other steps to reduce friction, including improving data sharing. I am not one of those people who believe that only the UK Government need to show flexibility; the EU has been too rigid as well. However, the only way forward is to work hard on negotiation and compromise. I believe that with hard work and determination, with creativity and flexibility, we can overcome those challenges.
This Bill is not the way forward. It will exacerbate the problems it hopes to solve. It will gift Ministers unaccountable powers. It will divide us from our friends and allies in Europe when we should be united. It damages our country’s reputation. It will break international law. The rule of law is not a Labour or a Conservative value; it is our common inheritance. Since Magna Carta in 1215, it is no exaggeration to say that it is one of the greatest contributions that our country has made to the world. No party owns it. No Government should squander it. Britain should be a country that keeps its word. Let us stand for that principle and vote against this Bill tonight.
As will be very obvious to everyone here, there are many people who want to contribute to this debate. I do not want to put a time limit on immediately. I think one will be necessary, but it would be greatly helpful if Back-Bench colleagues could confine their remarks to a maximum of 10 minutes, and I think they will be quite popular if they manage to say anything in rather less than that. I call Simon Hoare.
Thank you, Madam Deputy Speaker. Ten minutes is the time usually taken to make opening remarks, and popularity is something that I have always shunned.
The shadow Foreign Secretary is right: at the heart of this is trust or the absence of it—or, as she leaves the Chamber, the absence of Truss. Is the protocol perfect? No, it is not. The question, therefore, is not whether but how changes should be made. There are many ways to achieve change, but this Bill is not one of them.
The Office of Speaker’s Counsel has provided a legal opinion to all members of the Northern Ireland Affairs Committee, and it raises enormous concerns about this Bill’s legality. The Foreign Secretary and others have tried to conflate—they have fallen into the trap of conflating—the resurrection of devolution and the protocol. Those are two very separate and different workstreams, and we need to decouple them. Treaty making is reserved to this place; devolution is the duty of the politicians of Northern Ireland. We can and should be able to see the resurrection of one and negotiation on the other, but to fall into the trap of conflating them, the result of which is this Bill, is very sad indeed.
This is not a well thought-out Bill, it is not a good Bill and it is not a constitutional Bill. The integrity of the United Kingdom can be changed only via the Good Friday agreement. The protocol and trading arrangements do not interrupt or change the constitutional integrity of the UK, so I do not agree with those who try to position this as a constitutional Bill.
If the hon. Gentleman will allow me, I want to make a few more points.
This Bill represents a failure of statecraft and puts at risk the reputation of the United Kingdom. The arguments in support of it are flimsy at best and irrational at worst. The Bill risks economically harmful retaliation and runs the risk of shredding our reputation as a guardian of international law and the rules-based system. How in the name of heaven can we expect to speak to others with authority when we ourselves shun, at a moment’s notice, our legal obligations? A hard-won reputation so easily played with—
My hon. Friend and constituency neighbour is making a good speech. Of course, the Bill is permissive legislation; meanwhile, negotiations are ongoing. He referred to a failure of statecraft—whose failure?
I think it is probably a failure of both sides, but a presumption of, “If I don’t get my own way on everything, I’m going to take my ball off the pitch; I’m going to act unilaterally, off my own bat” is not the way to do it. As a former distinguished Minister at the Northern Ireland Office, my right hon. Friend knows as well as I do that most Northern Ireland outcomes are based on compromise—on give and take, and on finding the place and the path of least resistance.
This has been a failure of statecraft. I do not believe that the Bill passes the international test of necessity. It has to pass all the tests set out in the statute, and it does not. What, then, is this Bill? Is it a bargaining chip to try to browbeat the EU? Is it a bribe to right hon. and hon. Members in the Democratic Unionist party to get back around the table at Stormont?
Let me just finish on what the Bill might be, and then I shall of course give way to the right hon. Gentleman.
Is the Bill a muscle flex for a future leadership bid? To sacrifice our national reputation on the altar of personal ambition would be shameful.
The hon. Member for Bristol South (Karin Smyth) made a point on this subject earlier, but as a result of the protocol we have a democratic deficit in Northern Ireland. Many of the laws that now regulate how we trade with the rest of the United Kingdom are made by a foreign entity over which we have no say whatsoever, and our VAT rates are set by that foreign entity. There should be no taxation without representation. I do not need to be bribed to ask for what is the right of my people: democracy.
That is a point with which I have much sympathy, and which Committee members discussed with the Commission when we were there last December. The Commission is aware of that. Norway has Ministers of its Government in Brussels to discuss such things week in, week out. The EU and, as the right hon. Gentleman will know, Northern Irish business organisations are really keen to identify platforms whereby that democratic deficit can be in some way addressed. I agree with the right hon. Gentleman entirely. I am tempted to say to him, “Don’t shout at me; shout at the Ministers who advocated for the protocol and for us to sign and support it.”
I am going to make some progress, if I may.
I suggest that we have to be the party of the rule of law, or we are nothing. It is sad that we have to be reminded of that. This a power grab, with all these Henry VIII clauses. If we were being asked to pass powers to Ministers so we could polish an already superlative protocol, we might have some faith, but they have admitted that the results of what they negotiated have caught them by surprise—that they did not understand the import of what they were signing up to, or they did not quite understand the terms or the meaning of the words. We are told that they were surprised that the other side would expect us and them to fulfil the obligations we had negotiated.
Given our deep understanding of the complexities and difficulties of the politics of Northern Ireland— I have little or no doubt that we can all unite on that—I suggest that to enter into something so lightly without understanding precisely all the details, and then to say, “We’re having to do this because we didn’t expect the other side to do it in the way that they want us to do it,” is for the birds. It is totally bonkers. The Government told us that, having reached a difficult compromise on the final text of the protocol, they expected the EU to do something else. With all the history, all we relied on was expectation.
These Henry VIII clauses really will not stick. Seventeen of the clauses give unspecified powers to Ministers. Was taking back control about this Parliament handing powers to the Executive to use for unspecified purposes? Even worse, one clause tells us that powers will be used to change powers that might have been changed in the Bill if those changes are subsequently thought to have been wrong or ill-advised. That is not only someone marking their own homework, but someone copying somebody else’s homework and then claiming all the credit themselves.
I find it astonishing that my hon. Friend has got eight minutes into his speech and he has still not mentioned the Belfast/Good Friday agreement.
My hon. Friend was obviously not listening, because I made it very clear at the start that the constitutional integrity of the United Kingdom is not touched by the protocol. The constitutional integrity of Northern Ireland within our United Kingdom is contained within the clauses of the Good Friday agreement—that is the only way. Anybody who tries to position this protocol—
I will not, if the hon. Gentleman does not mind, because of the time.
Anybody who thinks that this is, in some way, a back door to a speeding up of the reunification of Ireland is fundamentally wrong.
I will not, but I know the hon. Gentleman will understand why.
The argument of necessity is clearly not made. The Prime Minister himself wants to see this done by negotiation, and I agree with him. There is the option to trigger article 16 if the Government think that that is necessary. If the situation is as bad as some Ministers would have this House believe, one has to ask why they have not used the emergency brake of article 16, but have instead suggested a calm and tranquil Sunday afternoon walk through a bicameral system of legislative progress—something that will take 10 months. Either the data is as bad as they tell us it is—incidentally, it is not—in which case rapid action is required, or we are just going to do this, which suggests to me that this is all gamesmanship and muscle flexing. Belfast port is now handling a record amount of cargo; last year, it handled a record 25.6 million tonnes. The food and drinks sector is benefitting. More Irish businesses are buying stuff from Northern Ireland, which is good for Northern Ireland plc.
The Henry VIII clauses are wrong, the purpose of the Bill is wrong, and the necessity for it is not proven. I ask this question sincerely of my hon. and right hon. Friends on the Conservative Benches. We are talking about playing fast and loose with our international reputation; playing fast and loose with our adherence to the rule of law; an Executive power grab with Henry VIII clauses; and pandering and giving way to some sort of political brinkmanship on one side of the very sensitive divide in Northern Ireland, which we cannot afford to treat as a plaything. If the Labour party were on the Government Benches and doing what is contained in this Bill, what would our response be, as Conservatives? We would say that this was a party not fit for Government. We would say that it was a party that does not understand or respect our traditions, and that does not understand the importance of reputation. For a fellow Tory to have to point that out to Tories is shameful. I ask my hon. and right hon. Friends to think about what this does to our party’s reputation and to our nation’s reputation, because both are in peril.
I rise to speak in line with the basis of our reasoned amendment, namely that we believe that this Bill breaks international law.
We have already had to stumble our way through the consequences of a Brexit deal that was supposedly oven-ready. Quite frankly, what is proposed in this legislation is no better. The fact is that, if this Bill does not break international law, it is an act preparatory to doing so.
I will start my remarks by being as helpful as I think I can be to the Government. First, I hope I can understand and at least empathise with some of the concerns of people in Northern Ireland over how aspects of the protocol are working or, as they would view it, not working. Secondly, I do not consider it unreasonable in and of itself that, in the light of experience, the Government should seek to try to renegotiate aspects of the deal that has taken effect. However, I am firmly and clearly of the view that this is absolutely not the way to go about trying to achieve that objective.
I am bound to observe that, although we are here to talk about a Bill on the Northern Ireland protocol, the issues here do not only affect Northern Ireland. We are subject to a withdrawal agreement that does not work for Scotland or, I would contend, any other part of the United Kingdom. There is much rhetoric from the Government about our precious Union, but it is a Union under the stewardship of a Government who did not pay a great deal of attention to the concerns or priorities of the majorities in Scotland and Northern Ireland who opposed Brexit. If relations are to be rebalanced across these islands, whether that is cross-community in Northern Ireland or even cross-Union, some recognition of those points by the Government is long overdue.
I was very fortunate to have the hon. Gentleman in my constituency, where I gave him the opportunity, which I know he enjoyed it, to meet some of the Unionist community groups, the fishermen and the elected representatives. Every one of those people, as he will remember well, conveyed to him the unfairness of the Northern Ireland protocol and the impact it was having on fishing and on the community. He will know that the local people he met were very fearful of a future where the Northern Ireland protocol was retained. Does he understand those issues, and will he express that in the Chamber as well?
I recall that visit with great fondness, particularly the discussions we were able to have in Portavogie, and I am extraordinarily grateful to him and to everybody I met when I was last in Northern Ireland for the chance to discuss these matters. As I have said, I certainly hope I can empathise with and understand some of the issues raised there; if he will allow me to make some progress, he might see where there are perhaps areas of agreement and also, inevitably, some areas of divergence.
It seems to me that the fundamental issue of debate is whether the EU would move on the implementation issues that it claims are the only problem. For the EU, it is not a question of renegotiation, but of implementation. It has said that it believes that customs formalities can be reduced by about 80%, and the same with sanitary and phytosanitary checks, and that the expanded trusted trader scheme could solve many of the problems. How confident is the hon. Gentleman that those things will be delivered, given how long this has been going on for and the affect already evident in Northern Ireland?
It certainly appears to me that there is a potential landing zone between what has been proposed by the European Union and what has been proposed by the UK Government—indeed, there is a bit of an overlap. I would offer to come along with Ministers, but they might feel that reinforcements had arrived and somehow weakened their position. Nevertheless, there ought to be a landing zone here for those of goodwill and good faith.
Even as a supporter of Scottish independence, I find it utterly inconceivable that any Unionist Government would have signed up to the kind of arrangements that placed a trade border down the middle of the Irish sea while denying they were doing any such thing. All the issues inherent in the protocol could have been avoided had the UK Government maintained a modicum of statecraft and respect for all parts of the Union, acknowledged the limitations of the mandate they had from the Brexit referendum and remained in as close alignment as they could with the single market and customs union, thereby minimising the economic harms we have seen to the UK since then and ensuring that no part of that precious Union was left behind. Yet even now it seems that the Government have not learned from their mistakes. The Scottish Government were not consulted by the UK Government before they took this action. I believe I am right in saying that the UK Government did not even afford the Scottish Government the courtesy of a phone call in advance to advise of these plans.
It has also been reported that the UK Government did not consult their top legal adviser—the First Treasury Counsel, Sir James Eadie—on the legality of their move. So we have a UK Government who are in contempt both of international law, as we have seen in other matters, and domestic law. Aspects around the Prime Minister’s current travails are bad enough, but to stand up and use the full authority of a ministerial office to say that which is not gets right to the heart not just of the problems being presented by the protocol in its current form but of the fitness of the Prime Minister, or anyone aspiring to replace him.
It is clear that the protocol is not working, and Northern Ireland business is suffering. In what way does this Bill act to the disadvantage of the European Union, because it seems to me that it is a very good way forward?
Well, it seems to me that whether it disadvantages or not is not something that Her Majesty’s Government get to decide. While I am clear that there are problems with the protocol, clearly there are aspects of it that are working very well, as indeed those on the Treasury Benches have admitted. I will set out some of the examples, particularly over trade, where it is not having the impact that we are told, in all aspects, that it is. I come from the point of view that trust has been broken between the UK Government and the people of all these islands, as well as between the UK Government and our international partners. That gets right to the nub of the issues about trying to renegotiate it.
We should not really need to say this, but it is absolutely vital that the UK Government should be able to respect the international obligations that they enter into freely. Lord Butler, who was head of the civil service for 10 years, has said that this country has repeatedly criticised states like Russia and China for breaking the rules-based international order and yet now holds that it is perfectly justified in breaching international law itself. It seems that in this Bill we are going from a “limited and specific” breach to something that is potentially extensive and egregious. General Sir Richard Barrons, the former chief of joint forces command, who served in Afghanistan, Iraq and Northern Ireland, has said that
“what the government is proposing is short-sighted tactics which will do much harm strategically in the wider world. In fact what is being done is particularly stupid.”
He went on to warn that these moves will empower our adversaries as
“it will undermine us with our enemies by giving them the opportunity to accuse us of hypocrisy when we call them out for breaking the rules-based international order. It will also undermine us with our allies who will doubt whether they can rely on us to keep to an agreement, keep to our word.”
I am listening to the hon. Gentleman with a great deal of interest. He is right to defend international law and international treaties. Did he raise the concerns he has just expressed when the European Union was busy breaking those treaties—for example, over subsidies to Airbus?
My hon. and learned Friend says it very eloquently in one word: whataboutery.
We have been brought here by 40 years of political dysfunction in the Conservative party and the various neuroses it has had over Europe. The exceptionalists of the “punch above our weight” brigade to be found extensively, but not exclusively, within the European Research Group, where research seems to be at a premium, have led us to this point, in the process shredding any reputation that the UK might have preserved either for good, stable government or adherence to international norms.
Whatever the bluff and bluster, and personal agendas that might be at play—I notice that the Foreign Secretary is no longer in her place—it is of course the UK’s exit from the EU rather than the protocol that created this difficult situation, because there were only ever three options that would allow this particular circle to be squared: a return of a border on the island of Ireland, close alignment between UK and EU regulatory standards to reduce the need for checks, or checks to be carried out at the main Northern Ireland ports. The further that there is a diversion from the single market and the customs union, the harder the border then eventually becomes.
Is the hon. Gentleman aware that in 1937 de Valera himself actually tore up the Anglo-Irish treaty in exactly the same kind of way as he is accusing other people of doing?
The hon. Gentleman seems to be confusing me with a representative of the Government of Ireland; that is an interesting historical diversion that I would be more than happy to discuss with him later, but I am not exactly certain how germane it is to this particular discussion. It seems a little bit recondite to say the least.
The Government have presented a precis of the legal advice. The Law Society of Scotland has identified a number of provisions in the Bill that it believes to be inconsistent with the UK’s international law obligations. Because of the amount of time available and the fact that we are only on Second Reading, I do not intend to go into those points in any great depth or delve unnecessarily into the horrors of the empowerment of Ministers that the Bill represents—the Henry VIII powers. However, I just specifically highlight the issues that the Bill creates given that article 4 of the withdrawal agreement states expressly that the UK cannot legislate contrarily to its commitments through primary legislation.
We now get on to necessity, which is ultimately the justification that the Government are using. As I understand it, that rests on two key points: first, that there is effectively, when viewed from London, no detriment to the single market from these measures; and secondly, that this underwrites the Government’s wishes to protect the UK single market and the Good Friday agreement. That argument was neatly eviscerated by my hon. and learned Friend the Member for Edinburgh South West (Joanna Cherry) in an earlier intervention, but there are three points that instantly leap out at me. First, as I have said, whether or not there is detriment is a largely subjective measure. Whatever unilateral assertions might be made on this, whether or not there is detriment requires to be determined in another manner.
Secondly, making an invocation of necessity must not seriously impair an essential interest of another party, and it is quite hard to argue that this could not at least be at risk of happening. Thirdly, it is not particularly credible now to cite the protocol as harming the single market or the Good Friday agreement when it was cited by HM Government as a means of protecting both those things. The Prime Minister wanting to override a deal that he himself was happy to claim credit for, in terms of having got Brexit done, during his 2019 election campaign is not the strongest basis for sustaining that argument.
With regard to the economic effect, Northern Ireland has clearly lagged behind the rest of the UK in economic performance in recent decades. For some reason, it is currently outpacing every other part of the UK, except, perhaps predictably, London. There must be some reason why that might be, and I do not know whether anyone can help me with it, but perhaps there is a clue—
If the hon. Gentleman were to examine the economic performance in Northern Ireland, he might find that, surprisingly, it is the service sector that has increased, by seven times more than the manufacturing sector, and of course the service sector is not covered by the protocol at all.
Manufacturing also seems to be doing quite well, as I recall. Perhaps having a foot in both markets and easier access to both, in contrast to counterparts on the other side of the north channel, might also be a reason for that.
A survey by the Northern Ireland Chamber of Commerce shows that 70% of businesses now believe that that unique trading position with preferential access to both the EU and UK single markets presents opportunities for Northern Ireland, with the number of businesses reporting a significant problem dropping from 15% to 8%. While I would not seek to diminish in any way the problems that those 8% feel, that is perhaps an indication that many of the problems, at least initially, were because of the short lead-in time that was given and the lack of preparation and clarity ahead of the big changes that came in January 2021.
To come back to my fundamental point, we need a protocol. The nature of Brexit means that there needs to be a protocol. It does not need to be exactly the same as this version, but what we absolutely do not need, in the middle of a cost of living crisis, is the prospect of increased trade frictions through needless conflict and a developing trade war with our largest and closest overseas market. That is what I very much fear this legislation, if enacted and utilised, would do.
I believe that the way forward is through negotiations. Like the man asked to give directions, I would not be starting from this point, for a variety of reasons, and I need not detain the House on that. We need negotiations based on trust, good faith and co-operation. The UK Government would stand a much better chance of success if they were driven by that, instead of by this piece of legislative brinkmanship, and if they were to pursue measures that for once were motivated by a genuine desire to deliver the best possible outcomes out of this mess for all peoples on these islands, rather than simply pandering to the agendas of those in the tiny subset of the population who might have an influence over who the next leader of the Conservative and Unionist party might happen to be—a party that no longer seems to be very certain what it is here to conserve or to unify.
I welcome the opportunity to speak in this debate, although I have to say to the lone Minister sitting on the Front Bench that I do not welcome this Bill. I fully understand and share the Government’s desire to uphold the Belfast/Good Friday agreement. I understand and share the desire to keep the Union of the United Kingdom. I recognise the frustration and difficulty when the Northern Ireland Assembly and Executive are not in place and operating. I also share the Government’s desire to get that Assembly and Executive back operating for the good of the people of Northern Ireland. I do not believe, however, that this Bill is the way to achieve those aims.
In thinking about the Bill, I started by asking myself three questions. First, do I consider it to be legal under international law? Secondly, will it achieve its aims? Thirdly, does it at least maintain the standing of the United Kingdom in the eyes of the world? My answer to all three questions is no. That is even before we look at the extraordinarily sweeping powers that the Bill would give to Ministers.
The Government’s claim of legality, as we have heard, is based on the doctrine of necessity in international law. The Government, as the Foreign Secretary said, have published a legal position, and that described this term “necessity” in the following way:
“the term ‘necessity’ is used in international law to lawfully justify situations where the only way a State can safeguard an essential interest is the non-performance of another international obligation…the action taken may not seriously impair the essential interests of the other State(s), and cannot be claimed where excluded by the relevant obligation or where the State invoking it has contributed to the situation of necessity.”
Let us examine that. First, if the necessity argument is to hold, this Bill must be the only way to achieve the Government’s desires, yet the Government’s legal position paper itself accepts that there are other ways. For example, it says:
“The Government’s preference remains a negotiated outcome”,
which was reiterated by the Foreign Secretary in her opening speech. The paper also acknowledges that another way to deal with this issue lies in the existence of article 16. The Government’s preferred option is negotiation, and then there is a second option, which is article 16.
Article 16 is referred to in the legal position paper, but when I read that I thought it was referred to in a way that seemed to try to say that the existence of article 16 somehow justifies the introduction of this Bill. Article 16 does not justify this Bill; the very existence of article 16 negates the legal justification for the Bill.
Let us also examine some of the other arguments for invoking the necessity defence. That defence cannot be claimed where the state invoking it has contributed to the situation of necessity. Again, in their legal position paper, the Government set out their argument that
“the peril that has emerged was not inherent in the Protocol’s provisions.”
I find that a most extraordinary statement. The peril is a direct result of the border down the Irish sea, which was an integral and inherent part of the protocol that the Government signed in the withdrawal agreement. It is possible that the Government might say, “Ah well, we knew about that, but we did not think the DUP would react in the way that it has.” I say to the Minister that the Government should have listened to the DUP in the many debates that went on over the withdrawal agreement, because it made its position on the protocol very clear at that point, and it was not positive.
Finally, necessity suggests urgency; “imminent peril” is the phrase used. There is nothing urgent about the Bill. It has not been introduced as emergency legislation. It is likely to take not weeks, but months to get through Parliament. As the former Treasury solicitor Jonathan Jones said in The House magazine,
“If the UK really did face imminent peril, you might think the government would need to deal with it more quickly than that.”
My answer to all those who question whether the Bill is legal under international law is that for all the above reasons, no, it is not.
Question two is whether the Bill will achieve its aims. I am assuming that the aims are either to encourage the DUP into the Northern Ireland Executive, or that the Bill is a negotiating tool to bring the EU back round to the table. On the first of those, so far I have seen no absolute commitment from the DUP that the Executive will be up and running as a result of the Bill. There were rumours that that might happen on Second Reading, but as far as I can see it has not happened. If my right hon. Friend the Foreign Secretary wants to have a discussion with me about negotiations with other parties in this House on various matters, I am happy to do so.
If the Bill is a negotiating tool, will it actually bring the EU back round the table? So far, we have seen no sign of that. My experience was that the EU looks carefully at the political situation in any country. As I discovered after I had faced a no-confidence vote—and despite having won that vote—the EU then starts to ask itself, “Is it really worth negotiating with these people in government, because will they actually be there in any period of time?”, regardless of the justification or otherwise for its taking that view. I suspect those in the EU are saying to themselves, “Why should we negotiate in detail with a Government who show themselves willing to sign an agreement, claim it as a victory and then try to tear part of it up after less than three years?” My answer to the second question as to whether the Bill will achieve its aims is no, it will not.
My final question was about the UK’s standing in the world. The UK’s standing in the world, and our ability to convene and encourage others in the defence of our shared values, depends on the respect that others have for us as a country—a country that keeps its word and displays those shared values in its actions. As a patriot, I would not want to do anything to diminish this country in the eyes of the world. I have to say to the Government that this Bill is not in my view legal in international law, it will not achieve its aims and it will diminish the standing of the United Kingdom in the eyes of the world. I cannot support it.
I am grateful to the Back-Bench speakers so far, who have been very considerate of others in the length of their speeches, but I will after the next speaker have to introduce an eight-minute time limit in order to be able to give everybody equal access.
I welcome the opportunity to speak on Second Reading of this very important Bill. At the outset, it is important to make the point to all right hon. and hon. Members that this is not simply another Brexit-related Bill. Nor is it a technical Bill to remedy problems that have arisen since January 2021, albeit that it will have that effect.
Fundamentally, the Northern Ireland Protocol Bill seeks to finally and fundamentally reset and restore Northern Ireland’s relationship with the rest of the United Kingdom, given the devastating impact of the protocol on the economic, constitutional, social and political life of Northern Ireland over the past 18 months. Many in this House will remember our opposition to the protocol, and it is an honour to follow the former Prime Minister, the right hon. Member for Maidenhead (Mrs May). She rightly flagged up our opposition from the outset to the protocol. It gives me no pleasure to say that we warned that it would be bad for Northern Ireland and that it would not work. That assessment has been more than borne out in reality.
The Northern Ireland institutions were restored in January 2020. The former Secretary of State, the right hon. Member for Skipton and Ripon (Julian Smith), is in his place and he was very much involved in bringing about the New Decade, New Approach agreement. At the heart of that agreement was a clear commitment by the UK Government to protect Northern Ireland’s place within the UK internal market, and that it would be respected. On that basis, my party re-entered power sharing.
We kept our side of the bargain and we were patient. We waited and waited for the Government to take action to protect our place in the internal market. The Secretary of State for Northern Ireland did refer to measures to be introduced to the United Kingdom Internal Market Act 2020 that would have at least partly dealt with the problem, alongside other measures to be proposed to a Finance Bill, but those measures were not brought forward, so still we waited.
Last July, when I became leader of the party, I warned that if the Government failed to honour their commitment in New Decade, New Approach, we would have a real difficulty, because the consensus that is essential to ensure that power sharing is maintained in Northern Ireland is being undermined.
The right hon. Gentleman has not said anything up to now that is any way factually challengeable. On the presumption that the Bill secures its Second Reading this evening and begins its parliamentary progress, in the interest of serving those people in Northern Ireland who look to the Executive and Stormont to meet their daily needs, will he instruct his party colleagues who are MLAs to return to the Executive, get it back up and running, discharge their democratic duty, and serve all the communities in Northern Ireland?
I will come to that point, but I simply ask the hon. Gentleman: if I were to do that, would he then support the Bill? I heard nothing in his contribution to suggest that he would.
Last July, I made it clear that:
“The Irish Sea Border is not just a threat to the economic integrity of the United Kingdom, it is a threat to the living standards of the people of Northern Ireland”,
and so it has proven. The impact of the additional cost of bringing goods from Great Britain to Northern Ireland is contributing to the cost of living situation in Northern Ireland. It is driving up the cost of food in our supermarkets, it is driving up the cost of manufacturing, and it is making it difficult for businesses to operate effectively.
Further to that point, it seems that the people of Northern Ireland sometimes cannot get goods from Great Britain. Manufacturers here are not sending them to Northern Ireland, because of the additional burden of trying to get them there.
The right hon. Gentleman is absolutely correct. Many of my constituents, and those of my right hon. and hon. Friends, have experienced that as consumers and businesses. This is about not just businesses, but every citizen of Northern Ireland.
It is also about the democratic deficit. My Members, who were elected to the Northern Ireland Assembly and are Ministers in the Executive, are expected to preside over the imposition of regulations over which they have no say. They have no democratic input into how those regulations—the ones that regulate how we trade with the rest of our own country—are put in place. How can any hon. Member defend a situation where part of this United Kingdom is treated in such a way that its elected representatives have no say in many of the laws that regulate our trade with the rest of the United Kingdom? That is simply unacceptable and it is part of the problem.
I agree with the right hon. Gentleman, as I have said in this place many times, about aspects of the Joint Committee. This Bill that he is agreeing with, however, similarly gives absolutely no power to anybody in Northern Ireland—him, his party or anybody else— but gives it all to the Secretary of State. On that basis, how can he support it?
If enacted, the Bill will restore confidence in Northern Ireland, will restore the consensus essential to operate power sharing, and will therefore give back to the elected representatives in Northern Ireland the power to take the decisions that they have not been able to take.
I also say to the House that it is a bit rich to hear hon. Members arguing for devolution and the restoration of power when this House, on a number of recent occasions, has overridden devolution and the Northern Ireland Assembly and has enacted powers contrary to the desires of the elected representatives in Northern Ireland.
I believe that this Bill is essential to the restoration of political stability in Northern Ireland. It will provide a framework for the free movement of goods within the UK internal market in line with the Government’s commitment in New Decade, New Approach. It gives reasonable protection to the EU single market; it does not have an impact on the EU and the integrity of that market. In fact, it protects the integrity of that market as well as the integrity of the United Kingdom’s internal market. I see no reason why this House should not bring forward measures to do that, when it is clear and evident that the protocol has disrupted the integrity of the UK internal market.
I know that the right hon. Gentleman gives a lot of thought to these issues and does not arrive at opinions lightly. He is arguing that the Bill as it stands will give Northern Ireland the things it wants—I think that is his main point—but what will happen if he is wrong?
I am not suggesting that the Bill is perfect. It is rare for legislation that passes this House to be perfect in every sense and not to require subsequent amendment. The benefit of the Bill is that it empowers Ministers to make change where change is necessary to ensure the proper functioning of the UK internal market, which is an entirely valid thing for this Parliament and Government to do.
Furthermore, as a Unionist, I make no apology for saying that it is important to me that the Bill will restore Northern Ireland’s place within the Union. Some right hon. and hon. Members have referred to the rule of law, yet the High Court and the Court of Appeal in Belfast have stated clearly that the protocol subjugates article 6 of the Act of Union, which is an international agreement —it is the fundamental building block of the Union.
Article 6 states clearly that I, as a Northern Ireland citizen and a member of this United Kingdom, have the right to trade freely within my own country and that there should be no barriers to trade between the constituent parts of the United Kingdom. In putting in place the Irish sea border, the protocol has broken article 6 and made me a second-class citizen in my own country, because I do not have the right to trade freely with the rest of the United Kingdom. I am simply asking for my rights as a British citizen.
The Chair of the Northern Ireland Affairs Committee shakes his head, but if he found his constituents in a position where they were unable to trade freely with the rest of their own country, he might be as annoyed as I am and he might actually have something to say about it.
My right hon. Friend is putting forward an excellent case for how to do away with the Northern Ireland protocol through this legislation. Does he agree that it removes the direct jurisdiction of the European Court of Justice and brings it back here, and that it should be the people of this House, and of the United Kingdom of Great Britain and Northern Ireland, who make those decisions, not Europe?
I believe in fairness and that when there is a dispute at an international level, the court of one side should not be left to be the arbiter of that situation. That needs to be rectified.
On the implications of the Bill, I make it clear that in our view, it will provide for the restoration of the equilibrium that is essential in Northern Ireland—the cross-community consensus that is at the heart of the Belfast agreement and that is absolutely necessary to ensure the proper functioning of the political institutions. As was evident in the May elections, not a single Unionist Member elected to the Assembly supports the Northern Ireland protocol, so there is no cross-community consensus in favour of it.
This House can bury its head in the sand and pretend that there is no instant solution to the problem. It can say, “Let us just wait for the EU to finally agree to change its negotiating mandate,” but what about Northern Ireland in the meantime? I want to see the political institutions restored, but I am not able to do it if my Ministers are required to impose a protocol that harms Northern Ireland. I am not prepared—my party is not prepared—to engage in an act of self-harm to Northern Ireland’s part of the United Kingdom. We are simply not prepared to do that.
Therefore, is it the will of this House that it wishes to see Northern Ireland languishing without political institutions able to operate because there is no cross-community consensus while we argue the rights and wrongs and the legalities of this situation? Unfortunately, I do not have a situation for my people whereby we can talk all night and debate this Bill and its legality in international law. I happen to believe there is a necessity, and the necessity is peace and stability in Northern Ireland.
This House and this Government are charged with the responsibility of ensuring peace and stability in Northern Ireland. That is the necessity, and I do not see and have not heard in this House from anyone opposing the Bill what their solution is beyond saying, “Let’s have more negotiations”—negotiations with an EU that refuses to change its negotiating mandate and will not change the text of the protocol. I have to say to right hon. and hon. Members that refusal to change the text of the protocol simply means that we will not get a solution that will achieve the cross-community consensus required in Northern Ireland, and I believe the Bill offers a solution.
Does the right hon. Gentleman accept, as he said earlier, that a serious democratic deficit exists at the moment in the making of laws by European institutions—in the Council of Ministers, by a majority vote, behind closed doors? None of his voters has any opportunity to intervene whatsoever, and it is done in a manner completely inconsistent with proper democratic procedures. Is that not the absolutely right reply to my hon. Friend the Member for North Dorset (Simon Hoare)?
I thank the hon. Member for that intervention and for the excellent work he has been doing in helping to bring about the progress we are making towards the restoration of the political institutions in Northern Ireland.
As I come to a conclusion, let me say that much of what will happen in the coming period in Northern Ireland will be shaped by attitudes and decisions in this House. If this Bill convincingly passes all its Commons stages in its current form and the Government continue to develop the regulations required to bring to an end the harmful implementation of the protocol, that will of course give substantially greater confidence that new arrangements are on the way, which in turn would provide a basis to take further steps to see the return of our local institutions.
Therefore, I appeal to Members of this House who genuinely want to see the institutions restored and up and running in Northern Ireland again to prioritise the interests of Northern Ireland over any narrower ideological reservations they may have about this Bill. I urge them to recognise the vital nature of this Bill now progressing rapidly through its legislative stages in the Commons before the summer recess, and of ensuring not only that it receives substantial support in this House, but that it is not subject to either wrecking amendments or other amendments that would dilute the framework and impact of the Bill.
In conclusion, much harm has been inflicted on the Belfast agreement and its successor agreements. Time is now short to ensure that we arrest this situation, and the only way to do that, finally and fully, is to deal with the protocol and to see Northern Ireland once again focus on moving forward together. We want to see the Northern Ireland Assembly and Executive restored, and that can be achieved when there is a sustainable basis for doing so. We will continue to be condition and not calendar-led as we look forward to this Bill now making rapid progress. I commend the Bill, and we will be supporting it in the interests of Northern Ireland and the integrity of the entire United Kingdom.
It is a pleasure to speak after the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson).
Powerful and legitimate arguments are being made about the legal basis of this Bill, and I am sympathetic to them. Whatever the motivations and goals behind the Bill and whatever the reasons why we are at this point, it is important to look at what is practical and most likely to succeed regarding the Northern Ireland protocol and what will ensure that we show the people of Northern Ireland we are handling this issue with balance and an even hand. There are real and significant issues, as we have just heard, with the protocol—customs checks east-west and regulatory challenges to name but two. While I do not accept that the protocol is a constitutional threat to the UK, it is clear that it creates many complex challenges.
I acknowledge those issues, but there is significant support for the Northern Ireland protocol. Business organisations across Northern Ireland have been engaging in good faith with Government for over two years and looking at myriad ways to improve the deal. Their view is that the needed stability and balance can be achieved only through a negotiated settlement, and they want to preserve the opportunities of the protocol. They also want to protect the strong position of the Northern Ireland economy, which has now been shown in multiple reports to be performing among the best in the country.
There are major concerns that the advantages as well as the disadvantages of the protocol could be lost with this Bill, and that the Henry VIII clauses are there to remove almost all of the protocol should Ministers want to do so. A majority of MLAs also articulated this view in a recent letter to the Government. They accepted that changes need to be made, but they are clear that they want a negotiated approach. Voters across Northern Ireland, many of whom support the need for change, also want a UK-EU negotiated solution: 74% of voters support that.
I fear that this Bill is a kind of displacement activity from the core task of doing whatever we can to negotiate a better protocol deal for Northern Ireland. I also fear that it risks creating an impression to Unionism that a black-and-white solution is available when the reality is that, once this Bill has been dragged through the Lords and the courts and after EU responses and reprisals, compromise will ultimately be needed. Our sole focus should be on how we shift the EU into a negotiation to get the changes needed for Northern Ireland and from the right hon. Member’s party.
We risk toxifying further the discussions we are having with the EU and member states, and we risk prolonging instability for Northern Ireland business, not to mention putting the whole of the UK at risk of trade and tariff reprisals. We also risk further entrenching the view of many middle-ground voters in Northern Ireland that the desire to finish Brexit by removing the protocol is against their best interests. This issue of winning hearts and minds is important to bear in mind as we seek to persuade and cajole people to stick with the Union.
We should be looking at how we persuade the EU to make the changes needed by Unionism. We should be looking at how we encourage the Northern Ireland parties to work together on joint priorities and the EU to understand that it is in its interests to provide much greater political focus on this issue. What else can we do in other parts of the UK-EU relationship to encourage the bloc to shift? Our challenge is to push the EU to move beyond the flexibilities it is proposing and to change the text, but we also need to be realistic about how changes will be made. It will be by more suspensions, more grace periods and turning the eye, and compromises seem more likely than wholesale rewriting. Northern Ireland is very used to these types of deals—shades of grey rather than black and white.
We know that patient, quiet work can deliver. We have already seen this happen on medicines. The EU has now changed the protocol, and the Government have secured uninterrupted supplies to Northern Ireland. Not only that, but Northern Ireland’s crucial pharma sector has access to both markets. There is no reason why the medicines deal cannot be replicated across agrifood and customs if the political will is there on both sides. However, to do that we need the highest-level focus, leader to leader, with a political negotiation focused on Northern Ireland and challenging the approach the EU took over the May years.
The announcement yesterday on more joint working with France in other areas could lead to a space in which we can push forward with a crucial member state the changes needed on Northern Ireland, but it is worth bearing in mind that, from the readout of the Macron-Johnson meeting, the Northern Ireland protocol was not raised yesterday.
We also need to work out how to encourage Dublin. We need its help to get the EU to shift. Ireland should have done more to help when we needed an exit mechanism on the backstop, but we now need to get Dublin, and also the parties in Northern Ireland, to focus on a resolution. We need a new, intensive UK, Northern Ireland, Irish and EU process. That is how we will get the east-west checks resolved so there is no border down the Irish sea. That is how we will fudge issues on regulation. That is even how we might get to fix legal oversight. But we need a sustainable solution.
The task in Northern Ireland is, as ever, to secure broad consensus and that means that Government, as well as addressing the concerns of Unionism, also have to reflect on the concerns of all communities and the growing centre ground. A new intensive Northern Ireland focus in the negotiation process is the only way to ensure that this fragile but high-performing part of our country is handled with the utmost care, balance and respect.
Order. First, I remind everyone that, if you were not in at the beginning—you know who you are, and, even more importantly, I know who you are—do not stand because you will not get in. Secondly, everybody participating: please do come for the wind-ups.
The Bill is proof, if ever it were needed, that Brexit is not done. It was always going to be difficult to reconcile leaving the EU with the challenge of an open border and so it has proved. Let us be absolutely frank from the start: our relationship with the European Union is now in a very bad place. Perhaps that has something to do with the right hon. Member for Uxbridge and South Ruislip (Boris Johnson) because, before he became Prime Minister, he promised he would never ever put a border in the Irish sea. When he became Prime Minister, he promptly did that. He described the protocol, when he negotiated it, as in perfect conformity with the Good Friday agreement. He then said that there would be no checks on goods going from GB to Northern Ireland. That was not true and it is probably one of many reasons why so many people do not trust the Prime Minister, including many EU leaders.
What can we conclude from that process? Despite the fact that the impact assessment made it very clear that there would be checks—what would happen—the Government either did not fully understand the protocol they had negotiated, thought it would not be a problem, mis-sold it, or always intended to resile from it later. Whatever the explanation is, it does not reflect terribly well on Ministers.
But having made that point, we are where we are and we have a problem. The problem is that the Northern Ireland Assembly and the Executive are not functioning and all of us should be worried about that. I should have said at the beginning that it is a great pleasure to follow the right hon. Member for Skipton and Ripon (Julian Smith) because I think he spoke extremely wisely.
As the right hon. Member for Maidenhead (Mrs May) pointed out, I suppose in the Government’s eyes, the test of the Bill is, will it work to bring the institutions back up and running again? None of us knows for sure the answer to that, but in the meantime the Foreign Secretary is taking a very big gamble and in the process in my view she is trashing Britain’s international reputation as a country that can be trusted to keep its word.
I do not propose to dwell on the detail of the Bill—others have done that effectively—but it is just not the way to solve the problem. I oppose it because it will lead to a prolonged stand-off with the European Union, it will prolong the problems the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson), who speaks for the Democratic Unionist party, has just referred to, it will worsen relations and, if everything goes horribly wrong, we could end up in a trade war with the EU at a very difficult time for us economically and when we have a real war on our hands between Russia and Ukraine. So we have to find another way of resolving this, and that requires the UK and the EU to sit down and negotiate.
I have heard all the arguments from both sides—“It’s the other lot who are not doing the talking; we are willing” and so on and so forth. They can carry on blaming each other until the cows come home but, as long as they do that, both sides will be failing to fulfil their political responsibility to find a political solution to what is a political problem. At the heart of this is the question: how do we protect the integrity of the single market while not interfering unreasonably with goods moving from Great Britain to Northern Ireland? That is why the protocol refers to goods “at risk”. That is the key phrase that we have to bear in mind.
I think there are some pretty easy places to start. For example, on supermarket deliveries travelling from Cairnryan to Larne, to shops that are only in Northern Ireland, what exactly is the risk of those goods undermining the integrity of the single market? As far as I can see, there is none, so why should they require an export health certificate? In the 18 months for which the grace periods have been extended, can anyone point to a single example of the integrity of the single market having been undermined? I am not aware of one.
I genuinely cannot fathom why the EU is so insistent on requiring a customs code to be provided by supermarkets and others. What is it going to do with the statistics? Is it actually going to publish stats on the movement of baked beans and baby food between GB and Northern Ireland? We are aware of the other problems—seed potatoes, organic products, divergence on certain ingredients. In making that point—
I am not going to give way, as I want to keep to time.
Of course there are products where it can reasonably be argued that there is a potential risk. I wish we had spent the time talking about those products, one by one, because if there is a good case I am sure the Government will respond. While the EU says it has offered to reduce paperwork, it is important to remember that it is a reduction compared with the full application of the rules; it is an increase compared with what is currently the case because of the extension of the grace periods. That is why I have said to the EU and all I have spoken to that the EU needs to move to make this negotiation work. Surely we can reach some agreement on SPS checks on the basis that almost all the food produced in Britain is produced to exactly the same standards as it was while we were members of the EU.
I find this very frustrating because we hear Simon Coveney say on the radio, when the idea of a green lane is put to him, “We have proposed something very similar”. Well, why cannot the two parties get on with the negotiation to make this happen? Heaven forbid, if we can negotiate the Belfast/Good Friday agreement—an astonishing achievement, the phrase of my good friend my hon. Friend the Member for Hove (Peter Kyle), the shadow Secretary of State for Northern Ireland—are the Government really incapable, with the EU, of negotiating for a prawn sandwich to cross the Irish sea without a lot of accompanying paperwork? This cannot be beyond the wit and ability of politicians.
In my view, this is a Bill borne of desperation rather than principle. It is a Bill trying to solve a problem that is entirely of the Government’s own making. It does Britain’s international standing no good whatsoever. And it will make the negotiation, which is the only way this is going to be solved in the end, harder rather than easier. There are so many more pressing things for us to be talking about with the EU—our biggest, nearest and most important trading partner still—not least the war in Ukraine and not least climate change. The current crisis in the Government in respect of Northern Ireland arises from a practical problem and requires a practical solution. We need those old virtues of patient diplomacy and negotiation, which take as their starting point the purpose of the rules, which is to protect the integrity of the single market, rather than the rules themselves. Frankly, it is now time for the Government, together with the EU, to get back around the table and sort this out.
I am grateful to be called so early.
May I start by saying to the right hon. Member for Leeds Central (Hilary Benn) that I agree with all that stuff about the trade issues? They have been on the table for ages. I will just go over one small point. During the breakdown in negotiations when my right hon. Friend the Member for Maidenhead (Mrs May) was Prime Minister, I happened to take a delegation, including Lord Trimble, to see the then chief negotiator. I put to him the fact that the whole issue around trade across the border was easily settled, as long as we were able to trust each other on things like phytosanitary foods and veterinary checks, which the EU does with New Zealand. He completely agreed and said it would be possible, but then it came to another agreement and we have plunged ever since.
It is wholly feasible not to have these ludicrous checks and ludicrous requirements for customs codes to be banged across to the EU, or for the Court of Justice to sit to rule over what is going on in Northern Ireland. It would have been agreed then, under a thing called mutual enforcement, where both sides take complete responsibility for the enforcement of transgressions in the other’s area when it comes to Northern Ireland. That would have solved that problem straight.
Here is the problem: the EU has point blank refused to negotiate that. Here is the point about the protocol. I am not saying that the protocol should go completely. I am saying it should be changed—that is the whole point. When I read it before we originally voted on it, I read clearly what its main purpose was. Article 1, paragraphs (1) and (3) make it clear that the primacy in all this is the Good Friday/Belfast agreement. Upholding that is critical—of course it is.
I served in Northern Ireland. I never want anyone I know to go back to a thing like that again. I lost people in Northern Ireland. It is part of me as much as it is of those who live there. We do not want to go back there. Therefore, the Good Friday agreement must be prime; by the way, it is an international agreement. So we have a problem. We are talking about breaking international agreements, but we have a clash between international agreements. Which one is prime? Paragraphs (1) and (3) of article 1 make it clear that maintenance of the balance in the Good Friday/Belfast agreement is prime. If that is the case, I do not believe—I accept I am not a lawyer; I say to the Minister for the Cabinet Office and Paymaster General, who is on the Front Bench, that that is a badge of pride for me, although I am sure that others would argue differently—[Interruption.] Of course. I always hear him argue and I love it. I have read the text of this. I do not believe this legitimately will break international law. There is a good reason. If the Good Friday/Belfast agreement is so prime in the protocol, it was agreed from the word go that what affected that badly would make this thing fall.
The rest of the protocol is important. The protocol was never seen as permanent. First, it was negotiated under article 50, which means that it cannot be permanent of its own right. Secondly, article 13(8) of the protocol makes it clear that it can be changed in whole or in part. So what is the problem? It is not working—change it. It could have been changed ages ago. In fact, last year, I asked for article 16 to be triggered simply so we could start that process immediately.
The point that I want to make is that the Good Friday/Belfast agreement is critical. It is about safeguarding that first, and then there is no hard border, the EU single market and the UK’s territorial integrity. The last one has clearly been badly damaged and we cannot have that reign any further. Northern Ireland is clearly an important part of the United Kingdom, so it must be treated as an important part of the UK, as much as my constituency is. That is critical. Actually, the protocol specifies that that is one of the priorities. So here we go again: why would the EU not change the mandate? It set a narrow mandate that said that it would deal only with issues that affected the running of the protocol. It did not allow its negotiator to have a mandate that would change article 13(8) of the protocol in whole or in part. We are here today with this because we are only going to be able to force this to happen through this Bill.
There are those who say, “Negotiate, negotiate, negotiate.” Negotiation is not an end in itself. It has a purpose. At some point, you have to leave the room because it no longer works and, until the other side makes a change, you cannot simply go back. That is the real problem that we face. The only time the EU will sit up and look at this is when it realises that the British Government are determined to make this change come hell or high water. If the EU will not agree to the necessity for this, we will have to make it.
I believe that the Government are acting reluctantly. I have listened carefully to what the ex-Justice Secretary, my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland), has said about the efficacy of this in international law. He will speak shortly and we will want to hear what he has to say.
Quite simply, the most important thing is that the EU—including, I might say, Ireland—wakes up to what the challenge really is. The process at the border was wrongly and damagingly weaponised during the negotiations. We got locked down in the original negotiations and ended in this position because it was seen as a stick to beat the dog. The dog was Brexit Britain, and the EU was going to use it no matter what to ensure that it could not be clean. It is time to recognise that that has to stop. So I support the Bill tonight not on technicalities, but on the reality as it has turned out.
I am surprised to see the right hon. Gentleman wanting to interfere further on “Brexit means Brexit.” Is he not the one who told the House in October 2019 that this matter had been
“debated and thrashed to death”
and said that if anything else needed debating about it, he
“would love to know what it is”?—[Official Report, 22 October 2019; Vol. 666, c. 853.]
When was the epiphany?
I read the protocol—that is why. I do not know whether the hon. Member did. In the protocol, it is clear that if it does not work, it will be changed
“in whole or in part.”
He should have read it, and he would have understood. The whole point is that we can change it. The protocol has always been clear: the seeds for its own major change are in it. [Interruption.] I made no resolution on it. I was absolutely right to do so, and I would repeat that. [Interruption.] Whether he wants to hear what I have to say is another matter altogether. He had his moment in the sun and he lost, so I will move on.
I say to my right hon. and hon. Friends on the Front Bench that we are here out of necessity because of how the EU has behaved, and, I must say, because of how the Irish Government have behaved. Some people, such as the Irish Taoiseach, have been good—he has been much more reasonable—but quite recently the Irish Foreign Secretary celebrated the diversion of trade that was taking place. That contravenes article 16 and makes it clear that the protocol has to be changed. I read the treaty, but I do not think that the hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil) did.
I do not believe that the Bill breaks international law. It is a clash of international treaties, and the most important international treaty is the Belfast/Good Friday agreement. Maintenance of that is critical. I want to see the DUP back in power sharing. I understood the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) to say that he would head in that direction and get back into power sharing once the Bill was through the Commons. I hope so, and I will hold him to that. Let us get the Bill done as quickly as possible, because only then will the EU realise that we mean business.
These few years have been frustrating and damaging for Northern Ireland, and the Bill adds to that. They have been bad for the economy—for businesses that need stability, not brinkmanship—and for relationships in each of the Good Friday agreement’s three strands: within Northern Ireland; between the north and south of Ireland; and between east and west. More than that, the Bill is being seen as part of the Government’s departure from the Good Friday agreement’s values of compromise, partnership and the rule of law. The Bill recycles the same distortions and half-truths that the people of Northern Ireland have been listening to for the last six or seven years of the Brexit debate, and there is still a failure to reconcile the dilemmas that Brexit forces and the choices that the UK Government have made with the reality of our geography.
Some truly mind-bending arguments have been put forth to justify the Bill. It is said that the Bill is about consent and consensus, when in fact the majority of people in Northern Ireland have not consented to Brexit in any form, and a majority of voters and MLAs reject the Bill in the strongest terms. We are told that it is about protecting the Good Friday agreement, while the UK Government and people whom we all saw scuttling away from Castle Buildings when the Good Friday agreement was being forged—they screamed in the windows for the first few years, while we tried to implement it—are in the middle of body-slamming a cornerstone of that agreement.
We have also heard that the Bill is about rights. If it is truly about rights, the women of Northern Ireland, the LGBT community of Northern Ireland and the minority ethnic community of Northern Ireland would like a word. We have heard that it is about the alleged damage to our economy, when every credible business organisation in Northern Ireland is calling for the retention of the protocol. Business after business lauds the potential of dual market access, and Northern Ireland is the only UK region outside London managing to achieve post-pandemic GDP growth.
We are told that the Bill is about a democratic deficit. That is being protested against by removing the entirety of Government from the people of Northern Ireland, and it will apparently be solved by handing over Henry VIII powers that allow the Government to ride roughshod over everybody in Northern Ireland. I am old enough to remember the time when Brexit was supposed to be about parliamentary sovereignty. We have been promised that, and we were promised sunlit uplands, but people in Northern Ireland are getting the gaslit uplands, given that there has, for years, been a cynical campaign to distort the causes and effects of the protocol.
I understand entirely the hurt and frustration of many ordinary Unionists. They have been catastrophically misrepresented by the Democratic Unionist party, and by the Prime Minister, who insisted—[Interruption.] The DUP has been saying all those words for three, four, five years, and we ended up with the protocol. Some of us are here to try to clear up the mess that was created, while the DUP voted down every option that could have prevented the sea border. Unionists and others are wrong to think that the solution is breaking international law and walking away from partnership and compromise.
I hope that the DUP will understand—I mean this in the best possible way—that hundreds of thousands of us in Northern Ireland who do not identify as Unionists constitutionally compromise every single day; we live in a reality where the governance lines do not directly match up with our identity. We do that because it suits the majority of people, and because Northern Ireland is not a place where hard, sharp lines of sovereignty work, or where the winner can take all. It is a place where governance survives in the shades of grey, as the right hon. Member for Skipton and Ripon (Julian Smith) said.
I am glad that some very plausible solutions, including on sanitary and phytosanitary arrangements and veterinary deals, are being mentioned, because for some reason, they disappeared off the agenda. We are told, “I would do anything for Northern Ireland, but I won’t do that. I won’t agree to a simple, negotiated solution that could remove 70% or 80% of checks.” There is no doubt that the protocol can be smoothed and its operation can be improved; everybody says that. As I have said before, nobody in Northern Ireland loves the protocol, but the better options were voted down. As with everything that is worth doing in Northern Ireland, that improvement will be achieved through partnership and compromises, not by imposing unmeetable red lines. That would remove the people of Northern Ireland from the single market, and that has no support.
Instead of doing the hard work and levelling with the people of Northern Ireland, the Government, to whom the DUP has shackled itself, are choosing to distort and deflect. They are using the “stabbed in the back” narrative; they are saying that this is all the fault of remainers, the EU, the Irish, and those who are not patriots, but we know that this is about the DUP. The hon. Member for Stone (Sir William Cash) mentioned Eamon de Valera, and that reminded me of a quote that has echoed down through Anglo-Irish relationships from the last century. Lord Edward Carson, who had been the leader of Unionism, said in the other place, as he reflected in disillusionment on the shambles left by the Conservative party on the island of Ireland,
“What a fool I was. I was only a puppet, and so was Ulster, and so was Ireland, in the political game that was to get the Conservative Party into power.”—[Official Report, House of Lords, 14 December 1921; Vol. 48, c. 44.]
The only difference between then and now, when we have this miserable, deceitful Bill before us, is that we are talking about maintaining the Conservative party in power and propping up a failing, discredited Prime Minister. This is also perhaps about the Foreign Secretary currying favour with the malevolent European Research Group and once again pulling the wool over Unionism’s eyes.
I suspect that we cannot stop the Bill—people will troop through the Lobby and support it—but Members should understand that people on the island of Ireland, and further afield, are watching the Government. They will have to work through the implications of dealing with a Government who are in a very bad place morally, and who are in contravention of the culture of lawfulness that many of us have worked very hard to cultivate in Northern Ireland. The Government’s approach is fundamentally altering the dynamics of relationships on the island.
Having spent the last six years having the same argument time and again, I do not believe that the Conservative party has it in it to put the people, businesses and economy of Northern Ireland first. I implore my colleagues on the Opposition Benches: please, unshackle yourselves. Work with us—your neighbours, colleagues and friends—on the negotiated solutions that we all know are possible. We have solved bigger problems before; these solutions are available. End this toxic debate. That is what the people of Northern Ireland want. They do not want to have to hear about this day after day on the radio. They want dual market access, and they want our economy to prosper; and that is entirely achievable, with good will.
Order. In order for us to get as many Members in as possible, the time limit is reduced forthwith to six minutes. I call Mr David Jones.
The status of Northern Ireland in the United Kingdom derives initially from the Act of Union 1800, the sixth article of which provides that, in matters of trade and in treaties with foreign powers, the
“subjects of Ireland shall have same the privileges…as…subjects of Great Britain.”
The 1800 Act was augmented, as we know, by the Belfast/Good Friday agreement of 1998, which declares that
“it would be wrong to make any change in the status of Northern Ireland save with the consent of a majority of its people”.
As hon. Members have said today, the Belfast agreement is fundamental to the maintenance of peace in Northern Ireland, and preserves its constitutional status. The fact that the agreement is crucial is acknowledged in the Northern Ireland protocol, which says that the protocol
“is without prejudice to the provisions of the 1998 Agreement in respect of the constitutional status of Northern Ireland and the principle of consent”.
The essential point is that the protocol, which is part of an international treaty, explicitly acknowledges the primacy of the Belfast agreement—another international treaty.
The agreement, however, has been undermined by the protocol. It is absolutely clear that the arrangements set up by the protocol are having a detrimental impact on life in Northern Ireland and on the privileges of its people. As we have heard, there are burdensome checks on goods passing from Great Britain to Northern Ireland, and that has created a border in the Irish Sea between constituent parts of the United Kingdom, which cannot be acceptable.
As we heard from the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson), people in Northern Ireland find it difficult to secure many goods that they have traditionally been able to purchase, and there has been a diversion of trade away from mainland Great Britain and towards the European Union. The disruption has also impacted the democratic institutions of Northern Ireland. The Assembly has not been reconstituted since the elections earlier this year, and the Executive remains suspended. This is a worrying and potentially dangerous state of affairs, especially given the sensitive political history of Northern Ireland.
Given the right hon. Gentleman’s concern for the Assembly and for democracy in Northern Ireland, does he think that the protocol should be decided on by that very Assembly?
The Assembly will, in due course, have the right to decide on it, but that will be after the passage of four years.
Both the UK and the EU recognise the practical problems of the protocol and its impact on Northern Ireland. Both recognise that those problems should, if possible, be resolved by negotiation, and hon. Members in all parts of the House have repeated that today. Everybody would like the issues to be resolved through negotiation, but for that to happen, it would be necessary for the EU to change the negotiating mandate given to Vice-President Šefčovič—and that it refuses to do. As we heard from the Secretary of State, there have been extensive negotiations over 18 months, and they have been fruitless.
The Government have a clear duty to take action to restore the privileges of the people of Northern Ireland, so that they are equal to those of people in the rest of the UK, and to respect the primacy of the Belfast/Good Friday agreement. The action that the Government have taken is to introduce this Bill, which does not, as has been suggested, tear up the protocol; on the contrary, it respects and protects the integrity of the EU’s single market and the openness of the land border, both of which are matters in which the EU and the Irish Republic are concerned. There will still be checks on goods arriving in Northern Ireland but destined for the European Union, through a red lane arrangement.
The Bill explicitly protects the EU single market against the movement across the Irish land border of goods on which the correct EU tariffs have not been paid, or which do not comply with EU regulatory standards. It also provides explicitly that no land border infrastructure or checks or controls on the borders may be created. In every respect, that satisfies the European Union’s concerns.
The Bill also complies with the United Kingdom’s obligations under the Belfast/Good Friday agreement. It preserves the status of Northern Ireland in the United Kingdom by restoring the equality of the privileges of its people with those enjoyed by the people of the rest of the United Kingdom.
The Bill is wholly necessary. Without it, the peace process established by the Belfast agreement will be dangerously compromised. It is a crucial but proportionate Bill, and it deserves the support of the House.
Anybody in the House who takes legislation seriously ought to start from the presumption that operating tactically is a dangerous process. It is short-sighted and for the short term. However, in the context of Northern Ireland, it is not simply foolish, but very, very dangerous. We know about the forces that have been unleashed in Northern Ireland in recent times. The rhetoric in the election in Northern Ireland only a matter of weeks ago and the rhetoric over weeks and months from the UK Government have heightened tensions in that context. This is dangerous and the House should take that on board.
I do not want to be alarmist. We have to move towards taking a much more serious, much more rational view. The right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith) and a number of others made the point about article 13.8 of the protocol. They are right to say that there is scope for amendment under that article. However, that has to be done through negotiation and agreement, and on the basis of getting back to the negotiating table.
We know that if we put a shotgun to the heads of any of the parties in this situation, we will get a negative response. That applies to the DUP and other parts of the community in Northern Ireland. We have to take people with us. Frankly, however, it also applies to the bilateral relationship between the United Kingdom and the European Union. If we are not involved in serious negotiation to look for common-sense solutions, we will fail the people of Northern Ireland.
There is a bigger risk: the situation could be traumatic for people across Northern Ireland. If we enter into a really serious breakdown in our relations with the European Union, things will be dramatically worse for the people of Northern Ireland—as they will be for my constituents and those of every Member of the House—so we need rational politics.
My right hon. Friend the Member for Leeds Central (Hilary Benn) made some sensible points. It has long been the case—this has been obvious from the beginning—that once we began to move towards Brexit, the solution that guaranteed respect for the Good Friday agreement could be reached in only one way. It could not be done by having a hard border across the island of Ireland and it should not be done by having a hard border down the Irish sea. It has to be done through some form of negotiated solution that respects the fact that the two potentially different systems have to be brought as close together as possible.
A sanitary and phytosanitary agreement is obvious. We start from the same premise. No Members from the governing or Opposition parties are arguing that we should deteriorate our SPS conditions in Great Britain. We therefore need a negotiated SPS agreement, as was achieved with not only New Zealand, but Switzerland. They are two different models, but a uniquely UK-EU model would be perfectly practical. Let us move on that and look hard at the practical details. If we take the heavy rhetoric away and see these problems as practical ones that can be solved by good will, we can move the situation on.
There have also been some powerful voices among Government Members about the legality of the Bill. That should worry hon. Members across the Chamber. It is not good enough to compare the Good Friday agreement with the protocol, as though one somehow has to go and the other does not. We have to maintain international law under all circumstances. When I say to people in other countries that we have an expectation of very high standards, I am right to say, “It is because my country also respects those very high standards.” That, actually, is true patriotism. Real patriotism comes from such measures, not simply from jingoistic flag waving. Let us say that it really matters that we are a law-abiding country, because if we are not, frankly, we let ourselves and the world down. We have to confront that serious issue tonight.
I appeal to right hon. and hon. Members to take this issue very seriously and to my friends in the DUP on the same basis, because it will affect all of us—the people in Northern Ireland and in the rest of Great Britain—if we get this wrong. There are some really difficult issues. They can be solved, but they will not be solved by the Bill, even if we amend it. We need to get back to the negotiating table and deal with the practical issues. That is the sensible way forward.
I have sat diligently through the entire debate, and I think that the House is soberly and carefully examining an issue that is not just about Brexit or our relationship with the EU, but which goes to the heart of the exceptional nature of Northern Ireland and its position in our great United Kingdom. That arrangement was reached a century ago, whether we like it or not. The consequences of Northern Ireland’s exceptional position have made this particular issue so vexed and complicated.
I was in Government when the final withdrawal agreement was negotiated. We all remember—I certainly do with great clarity—the need for there to be an agreement with the EU for us to be able to chart a way forward, not just in terms of our withdrawal and the period of grace that we had for a year after that, but our subsequent trade agreement. For me, that is of paramount importance.
I therefore come to this debate after very careful and measured thought. As an unalloyed pro-European, I still believe in the importance of Britain’s role with our friends in Europe and the importance of maintaining strong bilateral arrangements, and I do not want to see us doing anything hastily that could jeopardise that important continuing relationship. That is why we should heed very strongly the words of my right hon. Friend the Member for Skipton and Ripon (Julian Smith), who was the Secretary of State for Northern Ireland—he worked diligently to bring back that Executive, with great success—about the need for Franco-British bilateral discussions to proceed at pace. In my considered view, that will be how we unlock the sort of negotiation that everybody in the Chamber wants.
Hon. Members are right to talk about the need for negotiation, but the reality is that there is no negotiation. We cannot even call it a negotiation because Maroš Šefčovič, in working for the Commission, needs political direction from the EU and its member states—most notably, France—to be able to even call his discussions with the United Kingdom a negotiation. That is the reality.
Although masterly inactivity is sometimes absolutely the right way for nation states to proceed, I am afraid that that is not an option for us here. A nation should pursue masterly inactivity when it has a position of advantage and I am afraid that we do not have that, because our essential interests are under threat. We have identified our essential interests as the
“maintenance of stable social and political conditions in Northern Ireland, the protection of the 1998 Belfast (Good Friday) Agreement, the effective functioning of the unique constitutional structures created under that Agreement, and the preservation and fostering of social and economic ties between Northern Ireland and the rest of the United Kingdom”.
Here is the point I want to make, in the short time I have: a lot has been said about necessity, as if it requires imminent peril or an immediate threat facing us just outside the door. Nobody is saying that we face that, but necessity in this context does not require that degree of imminence; it requires a degree of real threat, and growing evidence of a real threat to our essential interests. I would argue that there is such growing evidence. Clearly north-south is entirely unaffected—the respect we are showing for the single market is clear—but there is a growing problem when it comes to east-west. The right hon. Member for Leeds Central (Hilary Benn) put it very well when he talked about the prawn sandwich argument.
I have to say that at a time when there seems to be violent agreement among all the parties of Northern Ireland, and indeed among all of us in this Chamber, the full implementation of the protocol is not what we want to see. Nobody wants that. What on earth are we all arguing about?
My right hon. and learned Friend speaks wisely about these topics, as ever. He refers to the doctrine of necessity and the tests that must be met. I think he will agree that, whether it be imminent or emerging, there has to be evidence that the high threshold is met. Does he think that, in common with the approach adopted in the United Kingdom Internal Market Bill, if there is evidence so pressing as to justify a departure from an international agreement, with the risks that that involves, it should be brought back to this place for the House to decide in a vote? As was then suggested in that Bill, on the evidence available, there should be a parliamentary lock on the use of that important step.
My hon. Friend makes a powerful case. His amendment to that Bill was adopted by this House in 2020; I thought it was a sensible mechanism to allow this House of Commons to have its final say with regard to the implementation of these measures based on clear evidence.
My point is simply that this is not a matter of law or a question of legality. There is a respectable argument that can be deployed by the British Government to assert necessity, but this is not about the law; it is about the evidence that the Government will need to marshal to demonstrate that point. The Government’s responsibility is to be a good steward of the Good Friday/Belfast agreement.
I am afraid I cannot give way any further.
It is paramount that article 1 of the protocol, which says that it
“is without prejudice to the provisions”
of the Good Friday agreement, means that the Good Friday agreement definitely—in my view, as a matter of law—takes precedence. Any Government who fail to act or who sit idly by and ignore the concerns of Opposition Members, the wider community or the wider interests of our kingdom are therefore failing in their duty.
I have listened very carefully this afternoon to the leader of the Democratic Unionist party, the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson), and his party. I would like further clarity as to whether in referring to the passage of this Bill he meant its clearance through this House, as opposed to through the other place before it returns here for a final consideration.
I was very clear: I want to see progress being made in the passage of this Bill through the House of Commons. I want to see steps being taken that give us the certainty that we will see this legislation moving forward and that Parliament will enact it. In those circumstances, we will respond positively.
I am extremely grateful to the right hon. Gentleman. I know that he speaks about the issues with conviction and passion. As a friend of the Union—as a Unionist to my bones—I say to him and his party that it is time to act. It is time for us to come together if we are to restore the stability that the mainstream opinion of people in Northern Ireland, for whom politics is not their everyday preoccupation, is crying out for. What the right hon. Gentleman, his party and I must agree on is that the United Kingdom must be the source of that stability. If we fail to be the source of stability, people cannot be blamed if they vote with their feet—or vote in another way, God forbid.
That is why I am taking part in this debate: because as a Unionist I feel a responsibility for the stewardship of the United Kingdom that I love. I think Northern Ireland is as British as Wales, where I come from, and Swindon, which I represent. It is in the interests of all Conservatives to remember that, however tactically difficult the issue might be, and however inopportune a moment it is to have to make hard and fast decisions, the issue is of such importance that inaction is not an option. Tonight, I urge colleagues to vote for the Bill in the hope and expectation that we will see real progress and the stability that the people of Northern Ireland and the people of Britain want and deserve.
The Bill unilaterally sets aside significant provisions of the Northern Ireland protocol, an international agreement for which the Prime Minister was quite happy to take credit when he claimed in the 2019 election campaign that he would “get Brexit done”. The Foreign Secretary has said that the Bill is needed to protect the Good Friday agreement, but dismantling the protocol against the will of the majority of people in Northern Ireland also risks undermining that agreement. She said that the protocol needs cross-community consent. Indeed it does, but does she have consent from both communities for this Bill? I doubt it.
Scant consideration was given to the Province by Brexiteers before the referendum, nor was consideration given thereafter to the fact that the majority in Northern Ireland, as in Scotland, voted to remain in the EU. It is the UK’s exit from the EU, rather than the protocol, that has created the difficult situation for Northern Ireland. That was recognised by the then First Minister Arlene Foster when she demanded a special trading arrangement for Northern Ireland shortly after the referendum—a request for special treatment that she and her party now repudiate.
As my hon. Friend the Member for Gordon (Richard Thomson) has already highlighted, there were only three choices: a border on the island of Ireland; close alignment between UK and EU standards to reduce checks, including a veterinary agreement; or checks carried out at Northern Ireland ports. The return of border infrastructure in Ireland was seen as an unacceptable threat to peace, but it was the Prime Minister’s choice of a hard Brexit with maximal divergence from the EU that inevitably left checks on Irish sea crossings as the only remaining option.
The issues posed by an Irish sea border were clearly highlighted in the Government’s own impact assessment, which undermines the claim of sudden necessity and means that the Prime Minister’s December 2019 claim that there would be
“no question of there being checks on goods going NI-GB or GB-NI”
was disingenuous, to say the least. The UK Government state that there is no need for checks, as current UK regulations are close to those of the EU; indeed they are, but the Government are proposing a bonfire of EU regulations and are already negotiating trade deals that would allow lower-standard foods and goods to be imported into the UK.
The Prime Minister cites economic failure and the outcome of the recent Northern Ireland elections as justification for tearing up the agreement, despite a clear majority of Assembly Members supporting the protocol in principle, and despite recent economic data showing Northern Ireland outperforming Great Britain. Business surveys by the Northern Ireland Chamber of Commerce and Industry show that two thirds of local businesses have now adapted to the protocol, and 70% claim that they see advantages in their dual position, which is something that the rest of us in the UK have lost.
My hon. Friend is quite right that there is an advantage to business and to the economy of Northern Ireland. Interestingly, last week the Secretary of State for Northern Ireland could not tell me whether the Government had done any economic analysis whatever.
The Minister for Brexit Opportunities has said that introducing a border for imports in the United Kingdom
“would have been an act of self-harm.”
If that were to happen, it would make it even more obvious that the Northern Ireland protocol was an economic advantage to Northern Ireland. It would not be doubly hampered—first by this, and secondly by the completion of Brexit borders.
I thank my hon. Friend for that intervention. It is without question that issues with, in particular, the implementation of the protocol remain: 29% of businesses are still experiencing some difficulties, although the number of businesses facing serious problems has dropped from 15% to 8% since last year. That improvement over time suggests that some of last year’s problems could have been avoided if businesses had been given more than a matter of weeks to get ready for last January.
I think we all recognise that supply chains from GB producers and manufacturers would certainly benefit from technical improvements, especially improvements to reduce the burden on goods that are for sale purely in Northern Ireland, but while the EU proposed mitigations last October—including an express lane for exactly those kinds of goods—the UK Government have not engaged in any discussions since February, so talk of 18 months of solid negotiation is nonsense. Despite the remaining challenges, Northern Ireland business leaders have made it clear that while they seek improvements, they do not want the protocol to be removed.
The loss of trust in the UK Government to honour their commitments is already holding back participation in Horizon Europe to the detriment of research teams across the UK, especially in Scotland, where they had disproportionate success in attracting EU funding. Disapplying almost half the protocol undermines a key part of the withdrawal agreement, and, as others have said, runs the risk of provoking a trade war with the EU, further exacerbating the cost of living crisis. The EU would then be likely to place tariffs on UK exports, and, given that Scotland produces the UK’s leading food and drink exports—whisky and salmon—Scottish businesses would bear the brunt of such retaliatory action.
It is vital that the UK and the EU get back round the table with all the stakeholders from Northern Ireland to discuss practical improvements to the implementation of the protocol, reducing the friction and intrusion to a minimum while keeping the economic benefits for the Province. Solutions can be achieved only with willingness, trust and good will, but, sadly, those are now in very short supply, and unlikely to be improved by the Prime Minister’s plan to wreck an international agreement that he signed less than three years ago.
This Bill stands behind the Union, and the Union itself is dependent on the sovereignty of the United Kingdom Parliament. These are fundamental constitutional issues, on which the Bill rightly insists. The European Union has been intransigent about the protocol, which undermines the Good Friday agreement. Furthermore, its intransigence is motivated by considerations that are completely contrary to our right as a third country, and it refuses to change its mandate. It has no right to insist that in relation to a third country, such as the United Kingdom, it should exercise European jurisdiction over Northern Ireland, through the European Court, now that we have left the European Union. The European Union would no more allow any part of the national territory of any one of its member states to be governed by other countries which are not members of the European Union than, for example, the United States would allow Texas to be partly governed by Mexico, or Canada to exercise legislative control over parts of the United States. It is simply inconceivable.
As for the question of our parliamentary sovereignty, section 38 of the European Union (Withdrawal Agreement) Act 2020—in particular, subsection (2)(b),which expressly provides that we can override direct effect and direct applicability notwithstanding European law in relation to Northern Ireland—enables us to take the necessary constitutional steps to dispose of parts of the protocol in our national interest, and, in doing so, enables us to save the Good Friday agreement. In respect of the democratic deficit—on which I had an exchange with the leader of the Democratic Unionist party—the European Scrutiny Committee, which I chair, revealed in its March report that since we left the European Union, European legislation relating to Northern Ireland has been turning into a motorway. The Bill will allow us to prevent that from happening, in the interests of the people of Northern Ireland and the United Kingdom as a whole.
One example of EU law that is on the way to being imposed on Northern Ireland was presented to the European Scrutiny Committee just last week, but there is a whole stack of them piling up. This is only one of a continuous stream of regulations, and is known as the construction products regulation. It will become the law of Northern Ireland. It consists of 120 pages and seven annexes. This has to stop, and so does the peril of the democratic deficit that goes with it. It must be borne in mind that such legislation—and there are at least 40 examples in the pipeline—is made by majority vote of all the 27 countries in the European Union, made in the Council of Ministers of the EU, and made behind closed doors and without even a transcript. That is how the United Kingdom was being subjugated by the EU since 1972.
As for international law, there are numerous precedents in which our pre-eminent judges, such as Lord Denning and Lord Diplock, have made it completely clear that international treaties are subject to parliamentary supremacy, and similar principles were enunciated by the judges in the recent unanimous decision in the case of Miller. The principles that underlie this Bill are sovereignty, our national interest, and the need to protect Northern Ireland as part of the Union and, in particular, the Good Friday agreement. That is why the Bill is so necessary.
We have been prepared to negotiate over the past two years and more, but our attempts have been rebutted by intransigence and the EU’s refusal to renegotiate its mandate. We had to draw the line. Ultimately, this has become a matter of necessity consistent with international law itself. Indeed, in 1937 Mr de Valera himself repudiated the Anglo-Irish treaty of 1921 in fundamental respects when setting up the constitution of the Republic in its own national interest. We want good working relations with the Republic and with the European Union, but not at their price. It is well reported that one of the key EU negotiators indicated at the outset of the negotiations on these matters that the price of Brexit would be Northern Ireland. That will not be the case, and this Bill will ensure that it does not happen.
It is a pleasure to follow the hon. Member for Stone (Sir William Cash). He brought to mind the importance of the warning that George Orwell gave us not to confuse nationalism with patriotism, which I think we all need to bear in mind during this debate. He wrote:
“One prod to the nerve of nationalism and the intellectual decencies can vanish, the past can be altered, and the plainest facts can be denied.”
Let me, in the time that I have today, try to do justice to what Orwell warned us about.
This situation has been caused by Brexit, because it was Brexit that led to the need for us to negotiate the Northern Ireland protocol. If we do not acknowledge that, we cannot start to deal with the problems that we have created ourselves. I say “ourselves” because this Government knew in advance of the problems that would arise in these circumstances. When, on 19 October 2019, the Prime Minister stood up and told us of a deal that would “heal this country”, he was not being truthful about the consequences that they themselves predicted. The question before us now is this: will the Bill make finding a solution to these problems easier, or will it inflame further an already delicate and difficult situation?
We know that the Government need the bogeyman of Europe to distract people in this country from its domestic woes, but the people of Northern Ireland deserve better from all of us. If the Government were really doing their job, they would put Northern Ireland at the centre of this conversation. They would start by bringing more of the Northern Irish communities into the conversation and the negotiation, and then go to the European Union to hear what it was saying. However, that is not what we are seeing at present.
There are five examples, from this legislation alone, of how the Government are not being intellectually decent. They cannot tell us why the Bill is a necessity—why they need this power rather than the powers that they have already been given in article 16 of the protocol to act to safeguard the UK. That, surely, was about remedying the situation, but the Bill will drive a coach and horses through the proposals that we currently have.
The Government could also start with article 16, rather than making us drag this proposal through Parliament over many months before they would get the remedies they are talking about, if they really cared about the people of Northern Ireland. If this Bill is a necessity, why is it giving Ministers huge sweeping powers that will change the rules on state aid and allow the UK courts not to send questions about the interpretation of the protocol to the European Court of Justice? The EU has never refused the UK permission to bring in a measure under the article 10 state aid rules, yet somehow this is what the Government think they need to do for the people of Northern Ireland.
The Bill will also give sweeping powers to Ministers to do things in terms of the EU protocol without any consultation with the people of Northern Ireland and without any agreement with this House at all. Why do the Government say that they need the powers under clause 19 to implement a new power or protocol without bothering to go through the parliamentary process? After all, we went through the withdrawal agreement in a few weeks and we went through the trade and co-operation agreement in a day. What is it about scrutiny in this place that this Government are frightened of? Why do they have to bring a sledgehammer to crack a nut by giving Ministers these wide powers? As the Treasury Solicitor himself said, clause 18 is the “do whatever you like” power. Others call it a Charles I power. If Ministers can do that in Northern Ireland, what will they do to the rest of the UK?
Everybody in this House must recognise that this Bill’s implications go further than Northern Ireland. When we trash our reputation on international agreements, we trash our opportunities to make the trade deals that our constituents will depend on and we risk the spectre of a trade war when this country is already dealing with the consequences of the increase in the cost of living directly caused by the impact that Brexit is having on food prices in our country—let alone the message that we send to President Putin when we try to stand up to him in one place but in another say that international rules of law do not matter.
The people of Northern Ireland are being let down by this legislation, as are the people in every constituency in this country. The failure to find a solution that puts the people of Northern Ireland front and centre of negotiating a solution for their future lets down everybody in this Chamber. We can and should do better. Everybody in this House knows that, but will we have the bravery to listen to George Orwell, to stand up to those scoundrels who quote patriotism when they mean nationalism, and finally to put doing the right thing first? I fear that in this place we will not, but I have hopes for the other place. I certainly know that many of us will not stop standing with the people of Northern Ireland and the people in our communities who will be affected by this legislation and by the implications—[Interruption.] And we will stop laughing at the British public when they are frightened about what this place is doing, and start asking what we can do to make things better. Naming those problems is a starting point. When we have people who are addicted to power and addicted to using Europe as a bogeyman, rather than solving those problems, it behoves all of us to say that enough is enough.
While I understand the reason for his absence, I rather wish that it had been the Prime Minister and not the Foreign Secretary who introduced this Bill tonight, because when he took office the Prime Minister told us that he had an “oven-ready” deal and I believe I am right in saying that he said there would be a border down the Irish sea over his dead body. The withdrawal agreement and the protocol were freely entered into. The Prime Minister and David—now Lord—Frost brought that document back in triumph and campaigned on it in the 2019 election campaign. It subsequently went through this House with a large majority. I know that only too well because I was sitting in the Chair you are sitting in now, Mr Deputy Speaker, when I announced the result of that vote. But the Government were warned that the deal was flawed. My right hon. Friend the Member for Lagan Valley (Sir Jeffrey M. Donaldson) and others pointed out, before it went through this House, what was wrong with it. They indicated the dangers of the border down the Irish Sea, but they were not heeded. That is why we are here tonight.
This Bill breaches the Vienna convention on legal treaties. My right hon. Friend the Member for Maidenhead (Mrs May) spelled that out very clearly. There is no doctrine of necessity that applies in this case. Article 16 exists as a backstop—if I am allowed to use that word—and the case in law simply cannot stand up. That means that the Bill we are proposing to put through this House tonight will be a gross breach of international law if it is enacted and implemented.
The right hon. Gentleman is absolutely right in what he is saying about the Bill. Does he agree that the UK Government will not be able to complain if the European Union chooses to cherry-pick and undo something unilaterally, because that is the precedent the Government are now setting? Anyone can do what they want.
I am grateful to the hon. Gentleman, but I think the rather more dangerous point, which has already been made tonight, relates to the damage that this will do to our reputation for integrity and the position that we will find ourselves in when we criticise President Putin for breaking international law, which of course he does over and over again.
Does my right hon. Friend really think that that is a fair comparison to make?
I gently suggest to my young friend that, if I had not thought it was a fair comparison, I would not have made it.
I feel very strongly that we are going down an extremely dangerous path. I believe passionately in the Belfast/Good Friday agreement, and we have to get back on track, but we are not going to make Maroš Šefčovič’s job any easier by lumbering him with this legislation. I am sure that it will ultimately get through this House—whether it gets through the other place is another matter—but I hope very much indeed that an agreement can be reached before it becomes law. That agreement has to be reached by negotiation; that really is the only way forward. Some of the proposals in the legislation—such as the red and green routes—are sound and can be implemented. There is every indication that the European Union is willing to accept not all but at least some of those kinds of proposals, and I believe that that is the way forward. I do not believe that the Bill is the way forward and that is why, sadly, I shall not be supporting it tonight.
I welcome this Bill, which is long overdue. It delivers on some of the promises that were made to get devolution restored in Northern Ireland but on which no action has been taken for the last 18 months. It is important for people to understand that it is essential for the restoration of devolution in Northern Ireland that the protocol issue is dealt with. That is because the very basis of devolution in the Belfast agreement is destroyed by the protocol. Unionist parties believe that the protocol is designed for the destruction of our place within the United Kingdom, that it is damaging our economy and hurting individuals, and that if the Assembly is up and running and the protocol is not dealt with, Unionist participation in the Assembly would mean that we had to facilitate the implementation of the agreement and acquiesce in other parties facilitating and implementing the protocol, which we believe is designed for our destruction. No other party in this House would enter a coalition arrangement—don’t forget, this is a mandatory coalition; we have to be there—where it was obliged to support, facilitate and undertake policies to which it was totally opposed. That is why devolution will not be restored until the protocol issue is dealt with.
Much has been said today about having flexibilities in the checks on goods, but it is not just about that. The whole issue of the protocol is that it undermines democracy in Northern Ireland. It imposes foreign law on Northern Ireland and on companies that do not even trade with the EU. It is not necessary for them to comply with that law, yet the protocol requires them to do so.
It is worth noting that not one Unionist party has approved the protocol. We are all united against it. The protocol has virtually created an economically united Ireland, and the EU is party to driving that forward with the Republic of Ireland in the negotiations, which has created a major problem. Not one constituency in this Parliament does not have people who are finding it difficult to supply goods to businesses in Northern Ireland.
My hon. Friend makes an important point. Only the Social Democratic and Labour party has suggested tonight that there are no problems with the protocol. Every other party now accepts that, to one degree or another, there are problems caused by the protocol, which is one of the issues we have faced in these negotiations. The Irish Government, through their Foreign Minister, have patronisingly come to Northern Ireland to tell us, “You don’t really know what you’re talking about. There isn’t a problem.” Of course that has fed through to the EU negotiators, which is one reason why it is important that we have this Bill.
I have listened to Labour Members ask, “What about article 16?” The first people to squeal if the Government had invoked article 16 would have been the Labour party. The hon. Member for Walthamstow (Stella Creasy) talked about consulting the people of Northern Ireland, but she did not care too much about consulting on abortion. Now she is, as a Labour Member, appealing to the toffs down the other end of the building to defeat this Bill.
Order. I think the right hon. Gentleman is talking about Members of the other place.
Would the right hon. Gentleman be opposed to bringing more representatives of the Northern Irish political parties into the joint working groups to solve this problem? Is he actually saying that he does not want a voice in this and that he just wants to shout?
The people of Northern Ireland recently spoke in an election, and the Unionist population made it quite clear that they will not accept the protocol.
On a point of order, Mr Deputy Speaker. I am grateful to the right hon. Member for East Antrim (Sammy Wilson) for setting the parliamentary precedent that we are now allowed to refer to the House downbye as the “House of toffs.” I think that is a rather good suggestion.
The hon. Gentleman will find it was corrected to “Members of the other place” or even “noble Members of the other place.” Toffs? No.
I do not know whether “noble toffs” is acceptable, Mr Deputy Speaker.
Members have argued that surely we can do this by negotiation, so let us look at the record. The EU has said not once or twice but every time that it will not renegotiate the text of the protocol. The EU has said it every time it has visited Northern Ireland and every time it has met Government representatives. In fact, the EU has now gone further and is taking us to court to impose more checks.
The result of removing the grace periods would be to increase the number of checks per week for goods coming into Northern Ireland from 6,000 to 25,000. This is hardly flexibility from the EU. Indeed, the EU recently wrote to the Government to demand checks on not only goods but people on ferries or airplanes from GB into Northern Ireland. The EU is demanding that people’s personal baggage is searched to make sure they are not bringing in sandwiches or whatever else. Constituents told me this week that such searches have already started in Cairnryan. This is not flexibility but a hardening of attitude by the EU.
Whether by triggering article 16 or through negotiation, we all know what the outcome will be, and that is why the Government have had to take this unilateral action. The Government are not abandoning their obligations. In fact, they are honouring their obligations in two ways. First, they are honouring their obligation to the EU in so far as the single market will be protected by the goods going through the red lane, by the imposition of fines on firms that try to avoid the checks and by the requirement on firms in Northern Ireland that want to trade with the EU to comply voluntarily with all EU regulations. That safeguards the EU market, so we are living up to our obligations to the European Union.
At the same time, the Government are living up to their obligation to the people of Northern Ireland, because the green lane or free lane—or whatever they want to call it—enables goods to come into Northern Ireland without any checks. It does not require the imposition of EU law on the 95% of firms in Northern Ireland that do not trade with the Irish Republic, and it ensures that judgments on whether the law has been broken are made by courts in the United Kingdom, albeit with reference to decisions made by the European Court of Justice.
If one looks at this Bill objectively, rather than through the eyes of those in this House who think we should have remained and still want to act almost as agents of the EU, it will help to restore devolution, it will ensure the integrity of the United Kingdom and it will protect the European single market.
Everyone in the House this evening should remember what this is all about. It is about protecting the Good Friday agreement of 1998—nothing more and nothing less. As a mere lad born in 1966, I lived through those times on this side of the pond. To have peace on that island after so long was a prize worth having by all.
The right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) said that this was about the situation in which Northern Ireland finds itself, of having regulation without any representation at all. The Northern Ireland protocol contains many articles and provisions, and I assume they have an important basis. Article 1 says most clearly:
“This Protocol is without prejudice to the provisions of the 1998 Agreement in respect of the constitutional status of Northern Ireland”.
Article 13.8 could not be clearer:
“Any subsequent agreement between the Union and the United Kingdom shall indicate the parts of this Protocol which it supersedes.”
Article 16 is the safeguarding clause. Let us not forget that only one party has thus far reached for article 16, and that was the European Union to try to stop us having life-saving vaccines. That is who we are dealing with here.
Article 164(5)(d) of the withdrawal agreement says what the Joint Committee can and cannot do. The Joint Committee can agree to change the text of the protocol to address deficiencies or to address situations unforeseen. There are Members of this House who will say, “Well, you signed it. It is international law.” That is fair enough, but the draconian way in which the EU has interpreted its rights under this protocol is disproportionate. How can it be that goods crossing from GB to NI, which is a mere rounding error in the entirety of trade within the European Union, suffer a full 20% of checks? That cannot be proportionate or reasonable.
I will tell Members why we are in this situation. It is because of animosity towards Brexit. This is about punishment because the EU can. We got to this stage because of the legal straitjacket that the Parliament of 2017 to 2019 put us in, when Members of this place did all they could to make sure that the cards were stacked in the hands of the EU and against this place, and we had a very poor game to play. Do not forget that EU officials were quoted as saying that Northern Ireland was the price to pay for Brexit.
Where do we go from here? We have had 300 hours of negotiation by Lord Frost and our Foreign Secretary. What does Maroš Šefčovič say? He says, “I have no mandate.” Well, please, EU, give us somebody who has that mandate. Let us have that negotiation, because this cannot continue.
We have heard much this afternoon about necessity, and I feel that the clause of necessity has most certainly been reached. The usual doctrine of our constitution says that subsequent legislation is more important than or overwrites previous legislation, but we need to ask ourselves something really important. What is the most important legislation? Is it the constitutional Act of Union 1800? Is it the Good Friday agreement, which has brought peace to the island of Ireland? Those things have been set aside—particularly the Act of Union—by the Court of Appeal in Belfast. Or is it more important to somehow save the dear European single market from the threat of an errant pork pie? That is what we are looking at.
The EU should take great comfort from those on the Government Front Bench. I have heard the Foreign Secretary and others say throughout that this Bill will protect the single market, including with powers against those who may seek to undermine it. We will have full legal measures to stop those who want to break the rules. The EU should take every comfort that it needs from that, because this has nothing to do with upsetting the single market.
I believe that there is a little bit of timidity in this Bill, and I would have preferred it to go further. I see some difficulties with the red and green lanes, because if the EU does not trust us now, I find it hard to believe that it is going to trust us in the future. We need mutual enforcement, where we trust it and it trusts us. That is what people do across borders.
We are the Conservative and Unionist party. I look across the Chamber to my Unionist friends and say: I am with you. I will fight for this Union, and this Bill will help.
I have to say that there are elements of this debate that feel a bit like a bad sequel. We thought that the Brexit debates were behind us, but instead we see a Government intent on reopening old wounds to save their own political skin, rather than looking forward and solving the issues facing the country now. People are in crisis here and now. The cost of living crisis is real, but what is the Government’s response? Rather than spending time focusing on that, they are reneging on an international agreement and risking plunging us into a trade war with our biggest trading partner. As a result, the Bill will only increase blocks and barriers against imports and exports, and that in turn will cause prices to rise even further. That is the last thing that farmers, fishermen and families up and down the country want.
Businesses in Northern Ireland do not want it, either. The UK Trade and Business Commission, of which I am a member, has taken evidence from people and businesses in Northern Ireland over the last year. One leading service provider told us that unfettered access to both the UK and the EU single market has benefited the Northern Irish economy. Another witness told us that support for the protocol is growing in Northern Ireland precisely because it protects the Good Friday agreement and brings economic opportunities. It is for that reason that the majority of Members of the Legislative Assembly support the protocol.
That said, no one is suggesting that there are no issues. We knew that we would have to go into further negotiations. Let us start with a sanitary and phytosanitary agreement. Doing that is going to be difficult, but how do we do it without basic trust between both sides? I ask the Minister: how does breaking international law increase trust between negotiating partners? It does not. We knew that this was going to happen, because the Treasury highlighted in its 2019 impact assessment what the protocol would do. It said that the protocol would be disruptive, particularly to Northern Ireland businesses. It is extraordinary that it is only now that the Government seem to care about cross-community consent, because most people in Northern Ireland voted against Brexit, and even more voted against the hard Brexit chosen by this Government, and yet the Government went ahead anyway. To be fair to the DUP, it voted against the withdrawal agreement. It was clear before the Prime Minister signed it that the protocol did not have cross-party consent.
What has materially changed since then? The answer is the Prime Minister’s position. And so what does he do? He breaks the law—again. This is an egregious breach of international law. Article 25 of the International Law Commission’s text on internationally wrongful acts of state allows a breach of international obligations only where it is
“the only way for the State to safeguard an essential interest against a grave and imminent peril”.
Others have already explained why this is not the only way. Furthermore, article 25 states that necessity may not be invoked when
“the State has contributed to the situation of necessity.”
How can anyone claim that we did not know? The Government signed the agreement and it was debated to death in this place all through the Brexit years. To suggest that this is new information is doublespeak—it is straight out of Orwell’s “1984”. Moreover, despots across the world will be delighted. How on earth can we hold others to account when we are tying ourselves up in knots, trying to find loopholes to get out of the agreements that we sign? This is how banana republics act, not Great Britain. The world looks to us. Can they trust us, they ask, when they want to make trade agreements with us? It is that trust that is being eroded today in this Bill.
This is being noticed on the ground. It would be remiss of me to not mention my hon. and gallant Friend the Member for Tiverton and Honiton (Richard Foord), who joined our Benches today. Like many in this House, including Government Members, I was there, knocking on doors, and this came up—trust in this Government, trust in this Prime Minister. This Government breaking international law is par for the course.
This Bill is a disgraceful course of action, and I and the Liberal Democrats will vote against it, because we are a party of law and order. We believe in the international rules-based order. The Government should withdraw this Bill and get on with tackling the cost of living emergency and safeguarding the interests of the whole of our nation.
May I begin, just as the Foreign Secretary did, with the Good Friday agreement? There is common cause across the House that that is the sacrosanct treaty that we in this place really must uphold. Obviously, where there are competing treaties, there have to be mechanisms to decide between them, as DUP Members have said.
As the Foreign Secretary said in her piece in yesterday’s Financial Times:
“The protocol was not set in stone forevermore on signing. It explicitly acknowledges the need for possible new arrangements in accordance with the…(Good Friday) Agreement.”
As she has said, our first preference is to renegotiate the text with the EU. We have been working at that for a year and a half, but we have not been able to do it. The EU has not been engaging, as recently as this weekend, she said. To quote another piece, written by my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill):
“A good deal of the blame lies with the needlessly rigid and inflexible approach adopted on the EU side.”
I could not agree more. We really need to get negotiation going, and I will speak about negotiation for most of the rest of my speech.
This is a Second Reading debate—nobody expects the Bill to be rammed through the Commons, let alone Parliament, in short order. I understand the arguments that have been put forward throughout the House, including by many learned and senior colleagues on the Conservative Benches, but I will not stand here and undermine and circumscribe the Government’s negotiating position with the EU.
My hon. Friend the Member for North Dorset (Simon Hoare) questioned whether the Bill is a bargaining chip; if we are to have a negotiation, I would rather have as many bargaining chips as possible. I tried to intervene on him during his speech but he would not take my intervention. The fatal mistake that the previous Parliament made between 2017 and 2019 was that too many Members tried to circumscribe the Government’s negotiating position, to undermine our position and to take the EU’s side. The current Leader of the Opposition and the former Leader of the Opposition, the right hon. Member for Islington North (Jeremy Corbyn), posed with the EU negotiating team, undermining what the Government were trying to do.
The hon. Gentleman makes a point about Members of this House. Does he believe in parliamentary sovereignty? If he does, he will understand that Members had every electoral right to do as they did.
I completely agree with parliamentary sovereignty. I also believe that no Parliament can bind its successor and am pleased that, following the results of the 2019 general election, we have a much more reasonable Parliament on these matters than we had previously. I might add that we now have a Speaker who is much more reasonable on these matters. The previous Speaker completely undermined what the Government were trying to do in that Parliament. Negotiation is about achieving a win-win. We do not do that by undermining our own position.
I am not going to take a job, thank you very much.
I agree with my right hon. Friend the Member for North Thanet (Sir Roger Gale) that the Northern Ireland protocol was flawed, but that was because of the antics of the previous Parliament. As my hon. Friend the Member for South Thanet (Craig Mackinlay) said in his speech a few moments ago, the antics of that Parliament created the unsatisfactory need for the protocol in the first place.
In reality, we need to go right back to the start of the negotiations. I have a huge amount of time for the former Prime Minister, my right hon. Friend the Member for Maidenhead (Mrs May), but the reality is that the sequencing decision in that first summer of 2017 was where it all started to go wrong. We should never have allowed Northern Ireland to be split apart from the negotiation in the way we did. We should have found a way and we would not have had the problems with the protocol that we now see. That is what led us to this position.
The EU has been using the negotiations, or the lack thereof, in bad faith. They have resisted co-operation with the Government even in areas where we ought to have simple mutual advantage. I speak in particular of the Horizon programme, which we on the Science and Technology Committee have considered at great length. I would like to see that programme reinstated and it is a shame that the EU is using the Northern Ireland protocol issues to resist that.
To conclude—[Hon. Members: “More!”] Members can have more. The Bill contains solutions to the four principal issues with the protocol—customs, regulation, tax and spend and governance—but I fervently hope that in the end we will not need to pass it. I hope the Bill unlocks the negotiations with the EU, thereby leading to a result that is mutually satisfactory for not only the Government and the EU but, most importantly, for the people of Northern Ireland: nationalists and Unionists alike. It should be a device that brings people together and kick-starts negotiations.
I stand in the same position as my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland), who made exactly this point in summing up: the Bill is perhaps a negotiating device and it is also a backstop in case the negotiations fail. I support it on both bases and I will support the Government in the vote tonight.
This is an extremely bad Bill. It is unwanted, unnecessary and, indeed, dangerous. A number of Members have referred to Orwellian double-speak; we should add that there is also some Alice in Wonderland thinking to what is happening here.
The Foreign Secretary’s approach to opening this debate was deplorable and did not take the issues entirely seriously. As well as the process by which she has reached this point being extremely disappointing, her engagement in Northern Ireland has been incredibly selective. She has chosen an echo chamber to reinforce her own prejudicial views on the way forward rather than to engage with the entire community in Northern Ireland.
The Bill is opposed by a majority of Members of the Northern Ireland Assembly and, indeed, of voters in Northern Ireland. The business community is deeply concerned about many aspects of the Bill and it is not even effective in getting the DUP to recommit to an Executive. Some Members have lauded the words today from the DUP leader, the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson), but if Members listen carefully and read Hansard, they will find that what he said was full of ifs, buts and maybes. If Members read those words carefully, they will see that they do not commit to returning to the Executive any time in the near future.
I hear those words from the Bench behind me rather than anyone trying to refute what I am saying. That tells its own story.
The protocol is a consequence of the Government’s decisions on Brexit, and particularly of the decision to go for a hard Brexit. It also reflects the fact that the DUP pursued Brexit without any real consideration of the impact on Northern Ireland and the reality that any hard Brexit would require some form of special arrangements for our part of the world. A hard Brexit poses some particular challenges to the whole notion of a shared and interdependent Northern Ireland. It has to be recognised that Northern Ireland is a diverse society. The protocol is by no means a perfect solution, but it offers Northern Ireland the opportunity of a soft landing, given all the tensions Brexit brings to it. It brings opportunities in terms of dual access to both the GB and EU markets, but of course it also has its challenges. We must do all we can not only to maximise the opportunities but to address the challenges.
The Bill is very far-reaching. It immediately disapplies some aspects of the protocol and gives Ministers the ability to disapply others. It brings major consequences: it threatens Northern Ireland’s access to the EU single market for goods. The business community sees the dual regulatory system as unworkable. I hope that Ministers have heard from the Dairy Council, the meat producers, the Northern Ireland Food and Drink Association and Manufacturing Northern Ireland, all of which have expressed major concerns in that regard.
The loss of the jurisdiction of the European Court of Justice will also bring consequences. The protocol is not the same as a free trade agreement: it is a different type of beast. It is about us having access to the single market as a region. It is not a neutral situation that we have to almost tolerate; it is to Northern Ireland’s benefit because the most likely outcome is a situation in which other parts of the European Union do not treat Northern Ireland’s goods as having free access. We may need the European Court to enforce access for our businesses, so let us not throw it away without thinking through the consequences.
The Bill risks a trade war with the European Union—I do not want to see that but it is a potential risk—and undermines relations with the United States of America. The rules-based international order is of fundamental importance to the UK and the wider world and we mess with it at our peril. The Government have been disingenuous in a number of aspects related to how they have sought to defend the Bill. This is not about defending the Good Friday agreement. Brexit was a threat to the Good Friday agreement; the protocol is a response to protect it against that situation. There is not a choice between the protocol and the Good Friday agreement; the two can be reconciled if people wish.
The hon. Member says that the protocol is designed to protect the Good Friday agreement. The north-south institution has collapsed, the Assembly is not meeting, the Executive is not functioning adequately and, in the words of the Irish Foreign Minister, east-west relations are at their lowest ebb for years. How is the protocol doing in protecting the Good Friday agreement?
I rather suggest that the right hon. Gentleman lies at the heart of all four of the outcomes he just listed, in the sense that DUP Ministers pulled out of the north-south institutions, they pulled out of the Executive, they are not allowing the Assembly to meet and, frankly, east-west relations have been poisoned by both the Government and the comments from a number of Unionist Members in Northern Ireland in recent years.
On the other issues used to justify the Bill, one of the first things the Government say is that they cannot reduce VAT on renewables in Northern Ireland—“This is an outrage!” I have looked into the matter, and the Government’s own figures suggest that the entire net value of the measure for Northern Ireland is a sum total of £1 million per year. The Government also have the option of going to the European Commission to ask for flexibility. Have they done that in the past three months since the Chancellor made the announcement? No, they have not. It is clear that they prefer to have this manufactured grievance rather than trying to find a genuine solution.
The Government say that no proper negotiations have happened over the past 12 to 18 months. Why is that the case? The Government have not approached the matter in good faith, so negotiations have stalled. They now say that they cannot proceed unless the EU says it is up for the renegotiation of the protocol. That denies the fact that there are three different ways in which things can be fixed that are all consistent with the protocol as it currently stands. First, there are flexibilities inside the protocol. We have already seen progress on the issue of medicines, but the Government, for their own reason, refuse to acknowledge the progress that has been made. I wonder why that is the case.
Secondly, I agree with other Members that article 13(8) of the protocol exists to allow the protocol to be superseded in whole or in part. I understand that that was put into the protocol at the request of the UK Government. That provision can be used but it has to be done by negotiation and mutual agreement.
Thirdly, we can do things in terms of supplemental agreements to the trade and co-operation agreement, such as a veterinary agreement. Again, those options have not been pursued. There are plenty of options out there that the Government can pursue entirely in keeping with the EU’s current negotiating mandate. People say that there is no alternative to this Bill, but there is: it is to go back and negotiate in good faith to build trust and partnership with the European Union.
Let us think about this for a second. Will this Bill improve trust and partnership? Will it make those negotiations any easier? No, it will make them harder, because every practical solution that I agree with depends on the EU and the UK trusting each other, and that is not where the Government sit tonight.
In rising to speak this evening, I find myself, unusually, in disagreement with my right hon. Friend the Member for Maidenhead (Mrs May), and in agreement —in part at least—with the hon. Member for Gordon (Richard Thomson). I am in agreement only in part because he said in his speech earlier today that we bandy around phrases such as “our precious Union” and “the integrity of our Union” quite a lot in this House, but it is quite clear that not everybody understands what is meant by the “Union” or its “integrity”, so much so that I worry that the meaning—the importance—has indeed been lost.
None the less, the Union does mean quite a lot to those of us who are in politics, because we are fighting every day to maintain it: to retain our national identity and to retain the right, which we all have in this country, to say that we are British, or that we are of this United Kingdom. We may be Scottish, Northern Irish, Welsh or English, but we are also British, and all else is secondary to that.
I sympathise with those in Northern Ireland who were alarmed to hear the British Government claim in court that the Northern Ireland protocol “temporarily suspended” article VI of the Act of Union. Article VI created the internal market of the United Kingdom and was designed to give Ireland—now Northern Ireland—residents equal footing with regards to trade, and guarantee equal footing in all future treaties with foreign powers.
To those of us who hold most dear the notion that all in these islands are equal and that all are held in parity of esteem, that article is fundamental to who we are as a people. That is why it is not surprising that those who want to break this Union, to remove that right, to take away our identity, to remove the right to call ourselves British, from those of us who hold that right most dear are against that move today.
The SNP may couch its opposition to the Bill in legalistic language and it may claim, as it did in its amendment, which was not selected, that it was against this Bill because it was against international law—
If the hon. Gentleman is protecting what he and I would both agree is the Treaty of Union, why does he not extend the protocol, even as reformed by the Government, to Scotland, which, like Northern Ireland, voted to remain in the European Union?
It might have passed the hon. Member’s attention that we actually had a referendum in Scotland in which the people of Scotland voted to remain in the United Kingdom. The reason why it was extended to Scotland is that Scotland voted to remain in the United Kingdom, and the United Kingdom voted as a whole to leave the European Union. He really must catch up. It was eight years ago that we had that argument—and we won.
The SNP is against the Bill because, as it says in clause 1, the introduction, it
“provides that enactments, including the Union with Ireland Act 1800 and the Act of Union (Ireland) 1800, are not to be affected by the provision of the Northern Ireland Protocol”.
In effect, the SNP is against the Bill because it affirms our Union and protects its integrity, which is a very bad thing indeed for the separatists.
We, myself included, did vote for the protocol. But, as we have heard numerous times today—I will not waste the House’s time by rehashing the examples that we have already heard—it is not working. Rightly or wrongly, true to previous international obligations or not, whether we like it or not, whether we would rather it were different, whether we brought it upon ourselves or think it the fault of others, the protocol is not working. And almost everyone acknowledges that. The European Union, albeit tacitly, acknowledges that. The protocol fails to meet its first objective. It says, as specified in article 1, paragraph 2 of the protocol itself:
“This Protocol respects the essential State functions and territorial integrity of the United Kingdom.”
And that is before we even look at whether it passes its own tests regarding trade. It says:
“Nothing in this Protocol shall prevent the United Kingdom from ensuring unfettered market access for goods moving from Northern Ireland to other parts of the United Kingdom’s internal market.”
It is hugely frustrating that the Commission refused to change the mandate of its representative in the talks, Maroš Šefčovič.
Everyone wants to see a negotiated solution to this. The European Union reopens agreements and negotiates changes with international partners all the time. It is almost certainly the world record holder in reopening international agreements. Having been in Brussels recently and spoken to colleagues in the European Parliament about this, I simply cannot understand the outright refusal to do so on this occasion, particularly when there is provision in the actual protocol to do just that. I do wonder whether all the Opposition’s strenuous efforts in demanding that we negotiate a solution might be better directed in calling for the EU to come to the negotiating table with a mandate to do just that. We cannot negotiate when there is nothing to negotiate about.
I am pleased that the Government have introduced this Bill. We need to resolve the issues of east-west trade. For the people of Northern Ireland, we must see a return to devolved government at Stormont. We must restore the primacy of the Good Friday agreement and we must ensure that parity of esteem for all people on these islands is held dear. I would rather that we did not have to introduce this Bill, but the refusal of the EU to come properly to the negotiating table is a huge frustration, so acting as they are is the Government’s only option. That is why I am proud to be supporting the Bill this evening.
This Bill says everything about the sorry state of this Government. It is not about solving the problems of the protocol, which of course the Government themselves created, but, like the Rwanda plan, the human rights proposals and the handling of the rail strike, it is another wedge issue. As the right hon. Member for Hereford and South Herefordshire (Jesse Norman) said, instead of getting to grips with the problems they are facing, this Government are
“simply seeking to campaign, to keep changing the subject and to create political and cultural dividing lines”
for their advantage and that of the Prime Minster.
There is no dividing line that the Government like better than Brexit, so here we are again, picking a fight with the EU. It is surely no coincidence that last week’s by-elections were scheduled by the Government on the anniversary of the referendum. In the run-up, we had not only the launch of this Bill but the increasingly ridiculous so-called Minister for Brexit Opportunities rolling out his equally pointless Brexit dashboard. But it did not work. People want the Government to stop banging on about Brexit and start coming up with real answers to the problems they face, and that applies to this issue, too. This Bill is not about fixing the problems arising from the protocol—and there are problems. They are flaws that the Prime Minister negotiated, and he knew what he was doing.
Our membership of the EU provided an ideal framework for the Good Friday agreement through a shared market with common rules. Unpicking it was always going to be difficult, because there were only three choices: land border, sea border or some form of all-UK alignment. The Prime Minister made his choice. He negotiated a sea border. He knew that it involved checks, and then he lied to the Unionist community about it. We argued that it would damage the Union, but the Prime Minister went ahead and, having played his role in creating the problems, he is now exacerbating them. Ministers are choosing to bypass the existing mechanisms for resolution that they agreed to when signing up to the deal, and to put political self-interest over the national interest. As they did with the internal market Bill’s first iteration, the Government are willing to undermine the peace process in Northern Ireland, provoke a row with our closest allies and most important trading partners in Europe, and anger our friends in the United States.
There are practical solutions to the problems with Great Britain-Northern Ireland trade, and my right hon. Friend the Member for Leeds Central (Hilary Benn) outlined them, but it seems as if this Government do not really want a solution. Seeking to remove the role of the European Court of Justice feels like a deliberate provocation from a Government wanting a fight. Manufacturing Northern Ireland, representing a key section of business, said that it is a “Brexit purity issue”. Its chief executive explained:
“No one in business has raised the issue of the ECJ oversight as a problem for them in my presence. It is purely a political and sovereignty issue, and not a practical or business issue.”
Why are we back at provocation rather than negotiation? Because provocation is this Government’s approach: lecturing the world on the rule of law, but reneging on international treaties and trashing our reputation on the world stage. When they took the United Kingdom Internal Market Bill through the House, the Government learned the hard way, and they rowed back on the most egregious parts of the legislation. Frankly, it is more than tiresome to be going around this loop again—it is deeply irresponsible.
There are proposals that form a basis for agreement with the EU. The UK Trade and Business Commission, which has been mentioned and of which I am a member, along with representatives of every political party in this House and a cross-section from business, has listened to the voices of business on the issue. The chief executive of the British Meat Processors Association told us that the cost of exporting food has gone up considerably and described the rules the Prime Minister negotiated as a “monster of a system”, but one that could be simplified through a veterinary agreement.
The director of the Chartered Institute for Environmental Health Northern Ireland said:
“The Government has repeatedly stated that it will not compromise on our food standards and on health protection, but it has singularly and spectacularly failed to legislate for that.”
He continued by saying that
“that goes back to the need for proper robust veterinary agreements and standards that I would argue, let’s aim for surpassing the standards within the EU, let’s have the best food and environmental standards in the world, because that will ultimately add value to our food products.”
Those involved are clear that an agreement with the EU on veterinary standards and non-regression would allow us to reach the highest possible standards. It would reduce checks, it would reduce costs for businesses and it would not involve this fight. It could be done quickly—certainly much more quickly than the months of Government posturing that we can look forward to with this Bill.
Last week’s elections confirmed just how out of touch this Government are with the public, and not only in Great Britain: in Northern Ireland, polling carried out last month showed that the cost of living, the health service, education, the economy and jobs are higher concerns for the people of Northern Ireland than the protocol. Ministers should focus on addressing those issues and commit to sensible negotiations on the protocol, dropping this reckless approach.
There have been many powerful and thoughtful speeches from hon. Members on the Government Benches this evening. I hope that they will follow their words by joining us in the Lobby tonight and putting an end to this nonsense.
This is a profoundly serious debate, because it is a profoundly serious thing for any country to depart from its international obligations. It is not an impossible thing to do, but it is a profoundly serious thing to do, and it should be done only under circumstances of the most exceptional nature and on the most profound and compelling evidence. That, again, is possible, but we need to test whether we are yet there.
Against that background, I start by saying that everybody accepts the importance of the Northern Ireland protocol as an attempt to reconcile conflicts that were inevitable post Brexit, given the nature of the Brexit that was decided upon. Equally, we must be honest and say that, despite best endeavours, it has failed to reconcile those problems. Therefore, I accept as much as anyone that it does need to change, and change significantly.
I recognise that there are economic dislocations, not in all of the Northern Ireland economy, but enough for it to be a serious problem, and certainly the non-functioning of the Executive at the very least gives rise to the risk of real societal divisions and tensions. Those are circumstances where it is envisaged that there might be changes, but we have to think about whether we are acting proportionately and wisely in what we do.
Looking at the position legally, it is this: logically, there is already a route set out in the protocol by which these matters can be addressed. If there is to be change, there is of course provision in article 13.8 and subsequent articles, and I think article 164 of the withdrawal agreement, for changes to deal with “deficiencies, or…situations unforeseen.” One might well argue that some of the ways the protocol has been interpreted—largely, I would accept, because of the intransigence frequently adopted by the EU side and the unwillingness to extend Mr Šefčovič’s mandate—have contributed to that. That might make a case for acting under those articles.
I also accept that the protocol was never expected to be permanent; it was always envisaged that it could be changed. Equally, however, all that presupposed that it would be changed by negotiation, rather than unilateral action. That is the difficulty we must face here. How do we reconcile the primacy of the Good Friday agreement, which I accept both politically and legally, and the need for adjustment with maintaining our reputation as a country that sticks by its word? Pacta sunt servanda, as we all say.
How do we get around that? The Bill, as currently drafted, does not achieve that. It could do, were it to be amended, and that is why I do not take the view that we should exclude the idea of legislation to act in the way envisaged, but it needs some serious thought. At the moment, as I have suggested elsewhere, it raises as many questions as it answers—and we do not have the answers.
If we are not to go down the route of renegotiated changes envisaged in the protocol, and there may be pressing reasons why that is not achievable in the timeframe available, we then have the ability under article 16 to take emergency safeguarding measures. Those have not yet been used. I agree with my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith) that that might be an appropriate route to use. It might not solve all the problems, but, for reasons I will come to, I would suggest that legally it would put the UK in a better position were it then to seek to go further.
If we are to rely upon necessity, as the Government do—I concede that it is a respectable and established concept in international law, but also one that, it is well known, must be used exceptionally and therefore rarely and with a high evidence threshold to be met—it would be much better to have exhausted all opportunities. Indeed, that is part of the doctrine. To invoke necessity, there must be a grave and imminent threat. I agree with my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland) that it need not be immediate, but it must be something more than merely contingent or a possibility, and it must be evidenced.
It seems to me that we do not yet have the evidence before us. Before this Bill passes its stages in this House, the Government, who are working on their evidence base and say they will be able to draw together the facts that can be applied to the evidence to substantiate the grounds of necessity, ought to come to the House with that evidence. Going forward, rather than having exceedingly wide Henry VIII powers, I would think it much preferable that we do as we did with the UK Internal Market Bill and require the Government, when they wish to disapply an element of the protocol, to come to the House and seek its endorsement, having presented that evidence to it.
Similarly, I do not see why clause 18, with such wide powers to do virtually anything, is acceptable—that should come back to the House—or why it is necessary in clause 20 to seek to oust the jurisdiction of the European Court at this stage. As yet, the potential jurisdiction of the ECJ is at least contingent and potential, and therefore not pressing and immediate in relation to the doctrine of necessity.
I will not support the Bill tonight, but I will not vote against it; I am deliberately abstaining tonight to see how the Bill develops. It could be amended into a workable form, but it comes with very many caveats and a lot of questions that Ministers need to answer. I hope they will seek to address those.
This Government are making a habit of breaking the law. Only last Friday, the Home Secretary was found to be in breach of the law, and not for the first time, in relation to the Equality Act 2010 and the mistreatment of refugees. Overnight, we learned that the Prime Minister intends to be in breach of World Trade Organisation rules in order to slap tariffs on steel. Here we are today with the Foreign Secretary telling us earlier that this Government will rip up the Northern Ireland protocol that they negotiated and voted for. This is clearly another breach of the law and a shameful hat-trick from the holders of three of the foremost senior offices of Government.
The Conservatives can keep trying to spin it however they like, but the bottom line is that the withdrawal treaty is an international treaty, and the unilateral abrogation of such a treaty, or any part of it, is a breach of international law. In addition to undermining any reputation for straight dealing the Government may still have, this also tarnishes the reputation of the country. It drives a coach and horses through the entire agreement that we have made with the European Union and it undermines the Good Friday agreement, with all the potentially serious consequences that that entails. It insults our intelligence when the Foreign Secretary claims that this is to protect the Good Friday agreement; it does the very opposite and she knows it.
The potential consequences of the Bill include, but are not limited to, the possibility of an all-out trade war with the EU, no trade deal with the United States, severe disruption to our trade when the economy is already suffering from Conservative economic mismanagement, and instigating political turmoil once more on the streets of Northern Ireland. The claims that the economy in Northern Ireland is suffering as a result of the protocol are completely false. North-south trade in Ireland is actually booming. It is the economy here that is suffering, because of Brexit. Ministers know full well that the majority of people in Northern Ireland voted against Brexit, by a much bigger margin than the Vote Leave campaign achieved, and they continue to elect a large majority of MPs and MLAs who oppose Brexit and support the protocol—but then this Government and their predecessors have never been over-concerned with democracy in Ireland. The reality is that the claim on which the Conservatives fought the election—that they would get Brexit done—was a great deception. Six years after the referendum vote, the Conservatives have gone through three Prime Ministers, and may soon be on their fourth, but still have not got Brexit done; we would not be here if they had.
The Foreign Secretary called herself a patriot and said that her party was the party of the Union, and firmly in belief and support of the Union, but the Conservative party can’t be serious. We have a disastrous Brexit that they are now trying to fiddle with, a shoddy Government generally, shocking legislation that is just making nationalists’ arguments for them, hostility to greater devolution, and ignoring of the views of people across the nations of this country. This Government are not a defender of the Union; they are probably the biggest threat to the Union of the United Kingdom that there has been in recent years. They are unwilling to face reality or to come clean with the people of this country. They are willing to risk peace in Ireland, to further damage living standards across the UK and to break the law in order to cling to office. To paraphrase one of their own, Winston Churchill, never in the field of international relations has so much been put at risk to the detriment of so many for the interests of so few. If it is not already abundantly clear, I am firmly against this ridiculous Bill.
Before I start, I would like to comment on the quality of the debate that we have had. I have been really encouraged that Members in all parts of the House have contributed and we have heard many different views. This is a reflection, too, of the conversations I have had around this place over the past few weeks in the run-up to the debate. I welcome that engagement across the House on all these points.
At its heart, this is about the Union. It is a question of principle. The right hon. Member for Leeds Central (Hilary Benn) said that this was a Bill born out of desperation, not principle, but I would argue exactly the opposite. This starts with principle. For me, it starts with the ruling of the Northern Ireland Court of Appeal that the Acts of Union were subjugated by the Northern Ireland protocol. It is imperative, then—a point well made by the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson)—that while we consider issues of trade and the peace agreements, we also consider the integrity of the Union. All these are important and each must be addressed, but all can be addressed only if the integrity of the Union underpins them.
With regard to trade, the Bill restores free movement of goods within the UK. However, it also respects the integrity of the EU single market through the introduction of green and red channels. I would suggest that this meets the test set by my right hon. Friend the Member for Maidenhead (Mrs May) for delivering the aims of the Bill.
With regard to governance and jurisdiction, my hon. Friend the Member for Stone (Sir William Cash) mentioned the democratic deficit that exists within Northern Ireland. I would suggest that the Bill meets that requirement through rejecting the jurisdiction of the EU and the European Court of Justice because with that residents of Northern Ireland have no control over the laws that are set and that must govern them.
I thank the hon. Member for his point. If I may, I will just return briefly to the point he made prior to that. At no stage has this Government or my party ever called for a hard border on the island of Ireland. That is why we support this solution, but is he aware that, by threatening retaliation, the only people who are now talking about a hard border on the island of Ireland are the EU? If it is a trade war, the EU will not leave the border unsupervised on the island of Ireland, and it has threatened to remove the right of Northern Ireland companies to trade across the border in those circumstances—that cannot be policed in any other way than on the border itself—so it is the EU that is threatening a hard border on the island of Ireland through retaliation and, by extension, it is threatening the Good Friday agreement.
The right hon. Member makes a strong point that I will come on to address in just a moment.
I would make the case that the Bill meets the second test of my right hon. Friend the Member for Maidenhead (Mrs May) on reputation. What self-respecting nation allows itself to be split and part of it to fall under the governance of another unaccountable power? That cannot be the reputation that this Union wishes to pursue.
Thirdly, on the question of the integrity of the United Kingdom, clause 1(c) states that the Bill
“provides that enactments, including the Union with Ireland Act 1800 and the Act of Union (Ireland) 1800, are not to be affected by provision of the Northern Ireland Protocol”.
That, I suggest, meets the test of legality. There might be questions about necessity, as my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill) pointed out, but my reason for supporting this Bill lies in the imperative of what the Court of Appeal said. It said that the Acts of Union have been subjugated, and that is reason enough for me.
The right hon. Member for Tottenham (Mr Lammy), when he was challenged as to whether he would change the protocol, declined to answer what changes he would make or how they could be delivered. He did, however, make a good point when he said that we must focus on what works and that, I suggest, is what the Bill is trying to do. It is a Bill that provides a solution, seeks to address the issues of trade, respects and seeks to restore cross-community consent and, most importantly, restores the integrity of the UK while at the same time protecting the integrity of the EU single market.
This is not a perfect Bill. I have concerns about the sweeping powers within it given to Ministers. I suspect that, subject to further debate—I hope that the Bill will rapidly progress without delay through this House—those might be considered. However, I will support this Bill with enthusiasm, because there is a legal basis for action. As I have said, the Court of Appeal has set that by indicating that the Acts of Union have been subjugated. As my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland) said, it means that inaction is not an option. I will finish with this question for hon. and right hon. Members. If it is the case that our Acts of Union have been subjugated, and if, as my right hon. and learned Friend says, inaction is not an option, then if not this Bill, what? If not now, when will we restore the integrity of our Union?
The hon. Lady has already spoken. She has forgotten. That really confused me—I am counting the people. I admire her enthusiasm. Most unusually, some Members who had indicated to Mr Deputy Speaker earlier that they wished to speak are not in the Chamber and appear not to wish to speak. Therefore, most unusually, I am going to extend the time limit, at least for a short while, to seven minutes.
Thank you, Madam Deputy Speaker. I will see how we go.
Exactly six years ago today, following the Brexit referendum, we had a statement in this House from the then Prime Minister, and more than two hours of questions took place. I believe I was the only non-Northern Ireland Member of Parliament to raise the issue of the Northern Ireland border. Specifically, I referenced my own family who live on both sides of that border. My family are from Cavan and some of my family now live in Fermanagh. I spend a lot of time there crossing the border. It has always been personal to me. I witnessed and saw the benefit of the removal of the physical infrastructure throughout the 1990s. However, throughout most of the last six years—Members who were not here at the time have referenced it—Northern Ireland has received very little attention. It has always been an inconvenience to the Brexiteers, who have never really articulated a solution to the conundrum of the unique circumstances on the island of Ireland. Too many hon. Members on both sides of the House do not know or understand the history.
Clearly, among the European Research Group or somewhere, a briefing pack is circulating that starts at 1800 with the Act of Union, moves swiftly on to 1998, and finds us here today. It would well behove many hon. Members to walk along the corridor to the Library and check the Hansard from this place throughout the 19th and 20th century. It would behove Conservative Members to understand the arguments between Disraeli and Gladstone about that “coming storm” from the west, because it is different now from it was throughout those times. Careless words spoken in this place throughout those two centuries have an impact across Ireland—in the Republic and in Northern Ireland.
Peace and stability must always guide us—we all want that—but nothing in the Bill does anything to bring peace and stability to Northern Ireland. It gives no power to people in Northern Ireland, but all the power to singular Ministers in this Government. The Foreign Secretary told us today that she has had no agreement from the parties that they will go back to Stormont, and the powers given to the UK Government Minister are complete and unfettered with no accountability.
A key part of the Belfast/Good Friday agreement, which no one seems to want to mention but which has always been important for bringing peace and stability across communities, is the mutual interest and mutual respect between the UK and Irish Governments for the two communities that exist in Northern Ireland. The Conservative party does not like it, but Ireland remains a member state and is that mutual interest. When people talk casually about the EU being the enemy, they really mean that Ireland remains an enemy. For the Brexiteers, there has always been one solution to the problem of Northern Ireland, which is for the Irish to leave the European Union.
Brexit has never been about the UK leaving; it has always been about the destruction of the European Union. The solution for the Brexiteers—for the ERG that now controls the Conservative party—is for Ireland to leave, but that is not going to happen. Ireland has been successful in the European Union, which has transformed society and the lives of people there. That is the realpolitik. The unique circumstances on the island of Ireland have not changed. Somehow, we need to remind the Conservative party and other hon. Members of that place.
With the dual regulatory system, Northern Ireland is on the cusp of either great prosperity or economic failure. It is our duty to decide on which of those paths we want to support people there. We could choose the investment that awaits—being the fulcrum between the EU and the United Kingdom is potentially exciting for business and prosperity in Northern Ireland—or we could chose stagnation, indecision, fighting in the courts, and debates about the niceties of legal arguments and international treaties of the last 200 years, which would frighten off the investment that is crucial for prosperity and security.
It is not just personal now for me. The instability that breaking an international agreement causes definitely has an impact on businesses and people in my Bristol South constituency. Our international reputation as a safe place to do business, our stability and our rules-based economy are being totally trashed and shredded by the Government.
In my remaining minute, I will alert hon. Members to the inquiry of the Public Administration and Constitutional Affairs Committee, of which I am a member, into international treaties. We have heard from Lord Frost and last week we heard from Professor Bartels from the University of Cambridge. When asked about the state of necessity, Professor Bartels said that
“you resort to a defence of necessity when it is necessary, in other words you don’t have anything else.”
The ultimate test of legislation is whether it will work, and it is clear that this will not work. It is a distraction—a distraction from the psychodrama within the Conservative party, and the Prime Minister—and it is truly shameful.
It is always a great pleasure to follow the hon. Member for Bristol South (Karin Smyth), although I profoundly disagree with the implication that those of us who decided Britain’s place in the world was best served by leaving the European Union view the EU—let alone the Republic of Ireland, for goodness’ sake—as “the enemy”, to use her words. Clearly, that is not the case.
My right hon. Friend the Secretary of State, who is winding up, will be spoilt for choice when it comes to commenting on speeches. If I may say so, however, in a brief period of time the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) pretty much nailed it with his assertion in an intervention on the hon. Member for North Down (Stephen Farry). The status quo is clearly not compatible with the Good Friday agreement and the Acts of Union, and the doctrine of necessity certainly applies in this case.
It is remarkable, is it not, that the protocol’s supporters appear to be the opposition parties, while those who drafted it and are trying to change it sit on the Conservative Benches? I also enjoyed the remarks of one or two Opposition Members who appeared trenchantly to support the other place in the hope that it will defenestrate this Bill, which I sincerely hope it fails to do. That said, though I welcome this Bill, I hope it will be improved in Committee and in the other place, and in particular that some of the swingeing powers that it gives Ministers will be clipped.
I have to say to Ministers, while assuring them of my support this evening, that I remain somewhat bewildered by their refusal to consider in a meaningful way triggering article 16. That is already available to them, and nobody has marshalled a creditable argument—certainly not one that satisfies me—that it could not or should not be done. The grounds for triggering article 16 are clearly there, in that we do not have anything approaching proper governance in Northern Ireland—not at all. Despite the May elections, the Assembly has failed to assemble and the institutions are not working.
Surely to goodness, those are grounds—the strongest grounds possible—for triggering article 16. They are far stronger, I must say, than the grounds chosen by the President of the European Commission early in 2021 to trigger this thing, albeit very briefly and ignominiously, on the grounds of trying to prevent vaccines from transiting from the Republic of Ireland to Northern Ireland.
My right hon. Friend makes a very important point. Does he agree that, from a legal perspective, if article 16 were to be triggered, at least we would be able to argue that we had used all means available to us under the protocol, as is necessary to meet the necessity test—in other words, that the state has exhausted all the options open to it before it acts unilaterally? That is exactly the value of using article 16.
I absolutely agree with that. It is argued—of course it is—that triggering article 16 is meant to be temporary. Those of us who have been around a bit realise that temporary very often turns into something far more permanent. However, that would certainly be a reasonable first step in dealing with this situation, which pretty much all of us—apart from the SDLP—agree is unsatisfactory. I am still unsure, despite the earlier remarks of my right hon. Friend the Foreign Secretary, why the Government are not doing that. The Secretary of State, when he winds up, may like to address that.
I would also like to know where in this legislation there is a threat to the single market. Trade between Northern Ireland and the Republic of Ireland is pretty much a rounding error—a point that has been made by others. Companies such as Sainsbury’s do not exist in the Republic of Ireland, so goods going to Sainsbury’s in Northern Ireland from GB cannot possibly land up on Sainsbury’s shelves in the Republic, because there are none. There are more checks on this border than on the border with Chile, and checks for what? It is not clear to me why we need checks at this point in time, since we have an agreement on tariffs and we have standards and regulations that have not yet had the opportunity to diverge.
Many contributors today have talked about the doctrine of necessity, but what they have not mentioned is that there is a second part to that doctrine; it is a lesser part, but it is germane nevertheless. It does not deal with grave or imminent peril; it allows parties to rescind an obligation if to do so would not
“seriously impair an essential interest of the states towards which the obligation exists or of the international community as a whole.”
Where in this Bill, and where, indeed, in triggering article 16, would the threat to the single market come from? Indeed, I would argue, as Ministers certainly have, that the Bill is helpful in many respects to the single market, and it certainly is to the internal market.
So why is the EU doing all this? Why is it not giving Mr Šefčovič the powers he needs in order to negotiate properly with, first, Lord Frost and, secondly, the Foreign Secretary? We can all suggest geopolitical reasons for not doing that, and of course some member states are perfectly happy, for their own benefit, with the status quo. The Republic of Ireland is probably rather enjoying the current export opportunities as a result of Northern Ireland being unable to get what it needs from GB. But we have to hope that the EU, even at this stage, will recognise the damage this is doing to the Good Friday agreement and the prospects of ongoing peace and harmony in Northern Ireland, and that it will, even at this late stage, consider the interests of the people of Northern Ireland first, in which case this Bill will not be needed.
The Government, in my view, signed the Northern Ireland protocol in good faith. They were entitled to receive the same back from the EU, but after 18 months it is plain as a pikestaff that that reciprocation has not happened. It is not as if there are not technical solutions to the current problems. I wrote about this in my report when I chaired the Northern Ireland Affairs Committee. It distresses me that, all this time later, nothing appears to have been done about the recommendations that I made, and that others have made subsequently, to deal with this perfectly elegantly. Of course, things may very well get worse, with the SPS offset through the movement assistance scheme likely to be viewed as ultra vires by the European Court of Justice, and the prospect of energy VAT—I hope very much that it will be reduced in GB—not being reduced in Northern Ireland, completely contrary to the Good Friday agreement and the Acts of Union.
The right hon. Member for Leeds Central (Hilary Benn), who is no longer in his place, said that the EU “needs to move”. It does, but it will not; I hope this legislation gets it moving.
It is always good to follow the right hon. Member for South West Wiltshire (Dr Murrison), even though I am going to profoundly disagree with him.
It is interesting that we now have a tantalising real-time example of what happens when a part of the UK is able to diverge from the current UK economic model. It turns out that not simply accepting lower growth than south-east England in perpetuity in exchange for a guaranteed lump sum can actually be quite beneficial, and so of course the UK Government want to put an end to it.
It is important, however, to take a historical view of where we are. It behoves the British Government to remember their history, for their predecessors have been here quite a few times before. The end of the seven years war in 1763—a few folk here now might have been around back then—was a catastrophic success for a newly fledged Great Britain. As a result of victory over the perfidious Europeans, it gained supremacy over the North American continent and possessions elsewhere. Let me quote from Pulitzer prize-winning Professor Alan Taylor’s history of the American revolution, here quoting Henry Ellis, a colonial Governor:
“What did Britain gain by the most glorious and successful war on which she ever engaged? A height of glory which excited the envy of the surrounding nations…an extent of empire we were equally unable to maintain, defend or govern”.
Taylor adds:
“Because of that triumph, the empire would reap a revolution in British America”.
As we stand here in these sunlit Brexit uplands, we must also consider the price that this modern-day facsimile of Georgian Britain would have us pay for attaining their own heights of glory. Even then, the idea that this place—this legislature—should be supreme above all others led them to make similar mistakes.
The contradictions of British North America were slightly different from those we face today. In short, while the colonialists liked to distinguish themselves from their French and Spanish rivals as more democratic because they had a form of self-rule—let us not call it devolution—we now know that that was somewhat erroneous, as that self-rule was very much restricted to Protestant landowners. While that made the ruling of the original 13 colonies relatively straightforward, the newly won possessions in New France did not fit that model, so this Parliament decided to pass the Quebec Act, which did not go down too well with the puritans in New England or elsewhere.
The vastly expanded sphere of influence was also much more expensive to maintain. Therefore, despite the warnings that this would not be appreciated, taxes were levied for the first time on colonial possessions, first through the Sugar Act 1764 and then the Currency Act 1764 and the Stamp Act 1765. All the time, the consequences for those who were subjected to the legislation were ignored, and that slowly drove a wedge between England’s interests and those of its periphery. [Interruption.] Perhaps Ministers should listen. We know what happened next.
I take us on that American detour because we live in hope that Ministers will reflect on how their wonderful wheeze, designed to reassert the primacy of this Parliament, will not work in places where people look to legislatures that are closer to them.
I will not, I am afraid, as I want to make some progress. Quite simply, be we in the 18th century or the 21st century, introducing legislation that damages the economic self-interest of those on the periphery to benefit those in the core will never end well, especially when, as in this case, it satisfies the desires solely of the parliamentary sovereigntist-fetishists, who do not represent any real majority, even in the core.
Let me conclude with a quote from Edmund Burke, who was not only the father of conservatism but an Irishman and a Unionist to boot. Many will remember how in “Reflections on the Revolution in France” he said:
“People will not look forward to posterity, who never look backwards to their ancestors. Besides, the people of England well know that the idea of inheritance furnishes a sure principle of conservation, and a sure principle of transmission”.
But I think more pertinent to our discussions is what comes a few paragraphs later, where he said:
“The institutions of policy, the goods of fortune, the gifts of providence are handed down to us, and from us, in the same course and order.”
How providential it is, then, that this Conservative and Unionist Government’s blessed inheritance, and this state’s institutions of policy, are to repeat the same mistakes that have always been made. It is shame for the people of Northern Ireland that the economic and political damage of the Bill is to be visited on them in such a manner.
I was struck by the comments of the hon. Member for Bristol South (Karin Smyth) about how, when we in this place debate issues relating to Ireland, we often do not pay sufficient respect and attention to the complex politics of Northern Ireland. It is good that there has been a thorough airing of different perspectives in the debate; it has certainly illuminated my thinking.
When we consider that Ireland remains the fourth largest destination for UK exports and the 10th largest source of imports into the United Kingdom; and that, for Northern Ireland, 40% of goods exports go to Ireland and 36% of imports come across from Ireland, it is clear that this is an important economic relationship. It is an important relationship in the context of addressing the cost of living and other things that we know are important from debates in the House.
I am persuaded, as my hon. Friend the Member for Newcastle-under-Lyme (Aaron Bell) outlined, that although we have many concerns about elements of the Bill, it is right to give the Government the benefit of the doubt and to create the space for a negotiation that, as we have heard, is happening in good faith, with a view to seeking an agreement to address these issues, while recognising that, if that goes wrong, we need the ability to protect our position in due course.
Ruislip, Northwood and Pinner is a long way from Northern Ireland, but Northern Ireland is of enormous interest to my constituents, because my constituency has a very large number of small and medium-sized exporters and importers. I have heard from many of those businesses directly, including at constituency surgeries, that the issues that arise in this debate on Northern Ireland, and issues of international trade more generally, are incredibly important to them.
Let me highlight an exciting judgment of the European Court of Justice, C-213/19, in respect of legal action taken against the United Kingdom for long-term, persistent failure to undertake proper border controls while we were a member of the European Union. By “long-term”, I mean that the failure goes back to at least 2005, so Governments of all parties have a degree of responsibility for this matter. Clearly, when we in this House talk about green and red lanes, or any other part of the United Kingdom’s international trading arrangements, it is important that we demonstrate that we have effective customs, and border controls in which people can have confidence. My small and medium-sized importers and exporters do not wish to be undercut by fake imported goods that are brought into the United Kingdom, which was for some time notorious among EU member states for failing to undertake this work properly, as the judgment highlights. We need to take that seriously.
On our attitude to international law, I agree with my hon. Friend the Member for Aberconwy (Robin Millar) that it is not fair to draw a comparison with what is being said about the likes of Vladimir Putin. However, I recently visited the European Court of Justice in Strasbourg, where I heard about those who are charged with enforcing its judgments, many of which are about commercial disputes, property assets, and the ability of families to enforce their right to family life. I certainly heard that when it comes to enforcing judgments in countries where Governments are disinclined to follow the law, there is always a degree of pushback from the diplomats representing those countries, who say, “If a founding father state of the European convention on human rights says that it disagrees with those laws, why should we follow them?” That has an impact on my constituents, and on all our constituents. We need to demonstrate that we remain absolutely committed to upholding the highest standards of the rule of law.
As we debate these issues, it is important to remain focused on the benefits that we expect future arrangements to bring to the people of Northern Ireland, which is part of our United Kingdom. Many Members have referred to the latest release from the Office for National Statistics, which suggests that London, where my constituency is, has had 2.3% GDP growth—a strong rebound from covid. The part of the United Kingdom with the second highest growth was Northern Ireland, with 1.4% GDP growth. It has been helpful to hear from Members on the Opposition Benches about some of the nuances of that—about what it means for services versus goods, and how that affects the communities of Northern Ireland, because we need to get this right.
The complexity of the issue is demonstrated by a point made at the Dispatch Box at the very start of the debate: we must make sure that the benefits of our decisions extend to all parts of the United Kingdom. Let me give the example of the removal of VAT from environmentally friendly green energy products. On 7 December 2021, the Economic and Financial Affairs Council decided to enable the removal of VAT from all those products. About four months later, the same decision, which I very much support, was taken here and presented to this House. The benefit of it has been felt across England, Wales and Scotland, but we are told that it is not possible for Northern Ireland to have that benefit.
When Ministers sum up, I ask them to explain why that is, given that the measure is also allowed under EU rules, and was allowed there before it was introduced here. Why have we not been able to ensure that people in Northern Ireland can benefit from the investment that the measure would prompt? It would ensure that homes and businesses enjoyed the highest standards of environmental friendliness.
I will finish as I started. I will give the Government the benefit of the doubt this evening; as the Bill goes through the House, there will be an opportunity to explore many of the issues that I and others have raised. It is important to demonstrate that we are taking these issues extremely seriously, and demonstrate to our biggest trading partner the European Union and our people in our United Kingdom that we are determined to negotiate in good faith and reach agreement together.
It is a pleasure to follow the hon. Member for Ruislip, Northwood and Pinner (David Simmonds) and I thank him for his thoughtful speech. This debate reminds me a wee bit of the story of the man who asked for directions in Northern Ireland. He said, “Could you tell me how to get to Lisnagunogue?”, and a man said to him, “I wouldn’t start from here.”
The debate about the protocol in Northern Ireland feels a wee bit like that, when we start to examine it. As the Government know—the right hon. Member for Maidenhead (Mrs May), the former Prime Minister, made this clear in her cutting comments today to Government Front Benchers—our party warned from 2019 onwards, and before that, that the protocol would cause problems and that it would not work. Unfortunately, those warnings fell on deaf ears, so it is right and proper that the Government take action this evening.
I remember a sitting of the Northern Ireland Affairs Committee in which the former Secretary of State, the right hon. Member for Skipton and Ripon (Julian Smith) —he is unfortunately not in his place now, but he spoke earlier—commented on the protocol. I asked him directly then, “Would the protocol put in place any barriers or cause any friction in relation to trade in Northern Ireland?” He said, “Don’t worry about it. It will all be light-touch.” Well, it is the heaviest touch that anyone has ever seen in terms of trading relationships in these islands, so we weigh very carefully and cautiously the words given to us by the then and current Governments.
The Government’s decision to bring the Bill to the House is welcome. I believe that their mettle, their steadfastness and their patriotism—that was put on the record by the Foreign Secretary—will now be tested by this matter. The House will then be left to judge whether the Government are sincere. We on the DUP Benches definitely hope that they are. We believe that our word can be counted on and trusted. It is now up to the Government to prove through their actions that their words can be counted on, believed in and be shown to be true.
The Foreign Secretary made it clear in a communication to the Northern Ireland Affairs Committee that the problems of the protocol are about the disruption and divergence of trade, the significant costs and bureaucracy for businesses, the undermining of the three strands of the Belfast/Good Friday agreement, and the collapse of the power-sharing arrangements at Stormont. Although we do not have time to deal with each of those issues tonight, she rightly outlined some of the problems.
This is about the diversion of trade, how that has impacted on local suppliers from the rest of the GB market and how they have not been able to access the Northern Ireland market because of the bureaucracy and additional paperwork required.
I thank my hon. Friend for drawing that to the House’s attention. The diversion of trade is absolutely critical and that was raised by the hon. Member for Ruislip, Northwood and Pinner. By volume and value, local purchases from Great Britain are worth £13.4 billion to Northern Ireland. That is four times the value of imports from the Republic of Ireland, which stand at £3.6 billion—I hope that that answers the hon. Member’s question about the value of trade in Northern Ireland. Of the 16,000 businesses in Northern Ireland, 14,900 are small and medium-sized enterprises. They cannot cope with the paperwork, bureaucracy and cost of doing business in Northern Ireland. That is not a teething problem; that is a nightmare for trade.
Last year, the Consumer Council published statistics showing that, of people in Northern Ireland,
“over two thirds (68%) have experienced UK online retailers no longer delivering to NI; nearly two thirds (65%) have experienced delayed delivery of goods from GB online retailers; over half (53%) have experienced reduced access to products offered by GB retailers; over half (51%) have experienced an increase in the cost of goods bought online; nearly a third (29%) have been charged customs related fees for parcels coming from GB”.
Northern Ireland is part of the United Kingdom! It is not some far-flung part of the world; it is a few hundred miles away, and it is part of this UK. That is the impact that the protocol is having on the daily lives of citizens in Northern Ireland.
People say, “But there are grace periods.” Last month, Mr Šefčovič made it clear that the grace periods, in his view, are illegal and should not be used. We hear, across the House, “Oh, let’s have negotiations.” We do not have a willing partner in this negotiation—hence why, for the past year, the Government have told Europe in a White Paper that article 16 could be invoked. Instead of that being welcomed by the Opposition and other parties, for almost the past 12 months we have heard, “Do not dare invoke article 16. It is a step too far. It would be an atrocious action.” Yet tonight, when the Government say that things have now gone too far, we have to go beyond article 16 and bring in this Bill to solve the problems that have been discussed.
The right hon. Member for Leeds Central (Hilary Benn) put a little gambit to the House tonight—“Oh, why don’t we invoke article 16?”—only to be shot down within 20 seconds by his Front-Bench colleagues because they would not support invoking article 16. The hypocrisy is not lost on Members of this House, and neither is how difficult a situation we are in or how urgent the requirement is for the Government to fix it. I call on the Government to move expeditiously to fix this matter. Until March this year, we had had more than 300 hours of negotiations with the EU, and it has not budged. Its mandate will not move.
Labour Members may have been suffering from amnesia, or else make-believe, when they thought that they were negotiating with us on the matter, as they claimed in earlier comments. There have been no negotiations between the Democratic Unionist party and the Labour party. There have been no negotiations between the shadow Foreign Secretary and our party on any of these matters. [Interruption.] The shadow Secretary of State can mutter and mumble from a sedentary position, but he knows that it is true. There have been no negotiations in the process, because Europe pulled stumps. It has not extended its mandate, because it does not want to negotiate. I wish it would. We would quite happily do so, because the provisions of the protocol are very clear under article 18, article 13(8) and article 164 that it can be lawfully suspended—and it should be. We would welcome that, but things have now come so far.
The prize is great. By fixing the protocol issue, we get devolution back, so let us fix it.
It is a pleasure to follow the hon. Member for North Antrim (Ian Paisley).
As a patriot, I find that many things make me proud to be British, but perhaps what makes me proudest of all is that so many people and so many Governments across the world see Britain as a law-abiding country that plays by the rules; as a country that is a consistent, reliable and trustworthy international partner; as a country that treats its allies with respect and always defends the rules-based international order; as a country that acts in good faith and has a sense of fair play hardwired into its DNA; and as a country that is capable of tremendous feats of statecraft such as the Good Friday agreement—one of the proudest achievements of any Labour Government. Yet here we are this evening, debating a Bill that takes a unilateral wrecking ball to an international treaty that the Prime Minister himself signed and described as “an excellent deal” just 30 months ago.
Let us be clear: this Bill fundamentally undermines our reputation as a nation that upholds the rule of law. This really matters, because geography is destiny. Whether the Conservative party likes it or not, what happens on the European continent is of pivotal importance to Britain’s security and prosperity. When Europe thrives, we thrive; when Europe slumps, we slump; and when Europe fights, we fight.
My hon. Friend is making an excellent speech, and, obviously, speaks on the basis of great experience internationally. I presume that he is about to refer to the events in Ukraine. Does he agree that not only is the Ukraine war a very pressing issue on which we need to co-operate fully, but there are many other international crises with which we are currently dealing as a country—including the climate emergency—and that it is therefore vital for us to work in partnership with our colleagues?
My hon. Friend makes an excellent point. He understands that foreign policy begins at home, and that if you do not have your own house in order, your ability to project influence, to build alliances and to speak with moral authority is fundamentally undermined.
From trade to diplomacy, from defeating Putin’s barbarism to tackling the climate emergency, and from scientific co-operation to responding to the rise of an increasingly authoritarian China, our democratic partners and allies across the channel should always be at the heart of our foreign policy. However, instead of recognising that basic reality, Ministers are stuck in what my right hon. Friend the Member for Tottenham (Mr Lammy), the shadow Foreign Secretary, has called
“a fever dream of 2016”.
Rather than seeking constructive solutions, they pick fights with our closest neighbours and introduce this deeply destructive Bill, which is a clear breach of international law, and which is designed solely to inflame tensions and chase Daily Mail headlines.
With inflation soaring, with the country facing a cost of living crisis, with war on the European continent, this is the worst possible time for the Bill to arrive; so why are the Government doing it? Who in their right mind would seek to sow division when, now more than ever, we need to be standing shoulder to shoulder with our European friends and partners? The explanation is clear. The Prime Minister has made a calculation, and, as usual, his calculation has nothing to do with the national interest and everything to do with saving his own skin. The Prime Minister knows that it is the European Research Group and its fellow travellers who are calling the shots, and he knows that he must have their support if he is to continue to squat in Downing Street. Just like his two predecessors, he has found that his fate now lies in the hands of the ERG, and just like his two predecessors, he seems foolishly to believe that he can appease the members of the ERG by throwing them some red meat from time to time.
It really is extraordinary that Conservative Prime Minister after Conservative Prime Minister has failed to learn a simple lesson of 21st-century British politics, which is that you can never satisfy the members of the ERG. No matter how much red meat you throw to them, their hunger will never be sated: they will always come back for more. Right now they are once again at the height of their powers, because the outcome of the no confidence vote has maximised their leverage and given them a Prime Minister who, when they order him to jump, responds by asking, “How high?” Not only that; it has given them a Foreign Secretary whose leadership ambitions depend on their support.
So the planets have aligned for the ERG—but for our country, not so much. Out there in the real world, the impacts of the Prime Minister’s botched Brexit deal are being felt by working families and businesses across the country. Our exporters are suffocating under mountains of red tape, import frictions are driving inflation up, and next year we are forecast to have the lowest growth of any country in the G20, apart from Russia. The fact is that the Conservatives are unable to point to a single net economic benefit of the disastrously bad deal that they negotiated—not one.
Indeed, when the Minister for Brexit Opportunities and Government Efficiency was asked to name a single benefit of the Prime Minister’s botched deal, the only thing he could come up with was the fact that the road signs in the Dartford tunnel could be changed from metres to yards. You could not make it up, Madam Deputy Speaker. It is almost as absurd as the apparent legal basis for this Bill, which we are told is the doctrine of necessity, which requires “grave and imminent peril”. But if the peril is so imminent, why have the Government chosen a route that will involve months of passage through Parliament? We know the answer to that question too, because the only thing that is in grave and imminent peril is the Prime Minister’s job.
The fact that the Prime Minister’s botched Brexit deal is so clearly failing to deliver any of the economic benefits that were promised is bad news not only for the jobs and livelihoods of the British people but for our relations with the European Union and our international reputation more broadly. The more obvious it becomes that the deal is fundamentally flawed and failing, the more the Prime Minister and others who heralded it as a triumph when they signed it will start looking for scapegoats, pointing fingers and lashing out. They will blame the EU. They will blame those who voted remain. They will blame the civil service and they will blame the judges. In short, they will create a smokescreen of sob stories and grievances, which they hope will obscure their own profound incompetence. They will use the passage of this Bill and other ruses such as the Bill of Rights and the Rwanda plan to whinge and rant about the saboteurs and the conspirators, because they will always try to play the victim card. They will never stand up and take responsibility, and there is nothing patriotic about that.
To sum up, the purpose of this Bill is not constructive; it is deliberately destructive. It is not seeking to solve a problem; it is seeking to fuel grievance and shirk responsibility. It is not diplomacy or statecraft; it is a piece of reputation-trashing vandalism, and this House should treat it with the contempt that it deserves.
I welcome this Bill and its Second Reading in this House today. I also welcome the fact that the Government now recognise the significant problems caused by the protocol and the damage it is doing to political stability, to community relations, to vast swathes of our economy in Northern Ireland and indeed to businesses in GB. The Bill is a recognition of, and an appropriate response to, the unreasonableness that is intrinsic within the protocol and the fact that, despite protracted engagement with the EU, the only thing more unreasonable than the protocol itself is the EU’s attitude. Its obstinate approach to those intent on finding common-sense solutions that will undo the damage we are seeing in Northern Ireland is what brings us here today. Those solutions, with good will on all sides, can work for everyone. That is what my party desires: solutions that work for, and can be supported by, everyone.
I know that there are Members in this House who will rail against this legislation today, and we have heard some of them already. It is worth reminding the House that some of those are the same voices that have called for the rigorous implementation of the protocol but, having begrudgingly realised at least some of the issues with the protocol, they now say that the way to deal with the protocol is through negotiation, and no reasonable person is opposed to negotiation. Might I suggest, however, that they listen to Maroš Šefčovič, who holds some form of demigod status in the eyes of the SDLP and Alliance? He has stated adamantly that renegotiating the protocol is unrealistic.
While those who oppose this Bill deal with the unrealistic, my party and now the Government are dealing with the real problems caused by the protocol: the huge administrative burden and associated costs foisted on businesses because of the sea border; the increase in transport costs that is making bringing goods to Northern Ireland more expensive; the banning of items being imported into Northern Ireland from other parts of the United Kingdom; and the constitutional change for which there is no consent. It is time for other parties to wake up. I commend the many Members right across the House who have spoken in support of this Bill today. The transfer window is open: Members can switch from team EU to team Northern Ireland, and it is time they joined those of us whose intent is to resolve these issues for the betterment of our economy. Also of fundamental importance is the urgent need to restore the principle of consensus that has been so fundamental to our political process.
This House has heard in many debates on the withdrawal agreement and the protocol that the Belfast agreement must be protected, and Members on both sides of the House need to ask themselves whether they really mean that. If they do, they will recognise that consensus is the cornerstone of our political process. We need to get back to consensual progress, as the reality is that no Unionist elected to this place or the Northern Ireland Assembly—not one—accepts the protocol. That ought to be of concern to all who value the progress made in Northern Ireland, so I make a sincere appeal to the Members and parties who have met Unionist opposition to the protocol with ridicule, sneering and ignorant dismissal to ask themselves whether they share that desire to get us back on track to consensual progress, and to stop the slide into division and the destruction of what we have achieved.
I urge the Government to stay on course and to ensure this Bill passes with haste and without amendments designed only to undo the proposed solutions contained within. We need to get Northern Ireland back on track, and I urge colleagues to back the Bill and help to do just that.
It is a pleasure to speak in this House on any occasion, and it is an even bigger pleasure to speak on this issue of tremendous importance to everyone across Northern Ireland and, indeed, across the whole United Kingdom of Great Britain and Northern Ireland. We have heard some fantastic speeches, and I thank all those who have contributed positively.
It is not a secret that I am very pleased to be the MP for Strangford, and it is probably one of the highlights of my life. It is always a pleasure to reflect my constituents’ views in this Chamber, and the majority of them are very clear in their opposition to the border down the Irish sea and the restrictions it imposes. Ninety-nine per cent. of businesses in my constituency have expressed concern.
I think the hon. Member for North Down (Stephen Farry) said businesses are doing well. My constituency is not far away from his, but he is in a different world. I do not understand what he is on about. At last week’s Northern Ireland questions, the Secretary of State said 200 businesses have stopped trading between the United Kingdom and Northern Ireland. Well, at least 200 businesses in my area alone are not trading today, so I suspect the number is greater.
If farmers take their cattle to Carlisle market and they do not sell, they have to pay to put them in quarantine for six weeks before they can take the cattle home, all because of the problems with the protocol. My fishermen in Portavogie—I also represent the fishermen in Ardglass and Kilkeel because their MP does not come to this place, but that is up to him, although he will speak in Parliament Square—face extra tariffs, bureaucracy and red tape. For them and for the engineering works, the car salesmen and the nurseries, the protocol is not working. People do not buy seeds from nurseries in Great Britain any more, as a packet of seeds that cost £2 now costs £16. Those are examples of what my constituents face each and every day.
Some Members tell us this only affects Unionists. No, it does not. Nationalists have come to me who feel afraid to voice complaints to their MP due to the fear of reprisals. I speak with confidence when I say that Northern Ireland, as a whole, needs this Bill not simply for its cultural identity, which is imperative, but for the financial viability of small businesses due to the EU’s vindictive approach to VAT and state aid. This affects not only those who are designated as Unionists but those who are designated as nationalists, too. It affects everyone in the Province, and it affects their pocket.
As a boy, I recall Prime Minister Margaret Thatcher telling us that Northern Ireland is “as British as Finchley.” With the border down the Irish sea, it is clear to me that we are not as British as Finchley, but I want to be because I am very proud of my British heritage. I am very proud to have served in the British Army for 14 and a half years. I am very proud to be British and from Northern Ireland. I love to tell everybody that I am a Member of this Parliament. I love to tell people that I am from the United Kingdom of Great Britain and Northern Ireland, because it means something to me. It means something to every one of us sitting here, and it means so much that we want to have this Northern Ireland protocol brought forward in a way that can make us as British as you are. That is what I and my colleagues want to be, and we need this Northern Ireland Protocol Bill to make that happen.
Delegates from other EU countries have shown an absolutely disgraceful disregard to the Unionist people of the Province. Boy, do they stink to the high heavens, and I say that without any doubt. If they are sitting and listening in Brussels, I tell them again that they stink to the high heavens. The quicker we are away from those ones, the better.
This is a very simple issue that has been misunderstood, and clarity is needed as a matter of urgency. The protocol stops tax and VAT aid. It hampers small businesses from accessing their No. 1 market, makes Northern Ireland—my country—a third country and undermines the Belfast agreement. For the good of nationalists, Unionists and republicans—there are some here—the protocol must come to an end and we must allow common sense, common decency and common respect to be the bill of the day.
As I said on the day we received prenotification of this, I am very pleased to see the changes relating to the Court of Justice of the European Union. I welcome them because they remove the direct jurisdiction of the Court of Justice over this place. It should be this place that makes decisions on behalf of the people of Strangford, Upper Bann, Lagan Valley, East Belfast and every other constituency. It should not be Brussels or the European Court of Justice, so I am very pleased to see that change. I have told the Foreign Secretary in the past—I think it was last September—that my hon. Friend the Member for North Antrim (Ian Paisley) asks questions about east-west and I ask questions about the European Court of Justice. I am very pleased to see the changes proposed by the Bill. That is very positive.
Believe it or not, but from dog biscuits to daffodils, from picture frames to potato bread, from engine parts to eggs, and from artificial flowers to antibiotics, the EU has had ample opportunity to change its approach and allow trade to continue unhampered. The EU is like a giant sponge: it wants to take everything from you, but it does not want to give you anything. Tonight, we are asking for the EU sponge to be lifted off our back and for us to be given the same opportunities as the rest of the United Kingdom.
For us, it is about making sure that the EU knows our place. It is past time to stop begging it and asking it to act like the sovereign state that we are. It is up to us to take back control of British produce and British protocol on behalf of British people. The Northern Ireland protocol has had a detrimental effect on people, from the working poor to wealthy business owners, and tonight we have the opportunity to make the necessary changes.
I love this United Kingdom of Great Britain and Northern Ireland. That is no secret. It a pleasure and a privilege for me to be here. I am proud to have the Union flag flying above my house. I am proud to have the Ulster flag flying. I am proud to have the Queen’s platinum jubilee flag flying as well. That is what I am. I want to be as British as everybody else. Do the right thing for us.
I want to begin with an apology to the victims of crimes committed during the troubles in Northern Ireland; they were expecting the Committee stage of the Northern Ireland Troubles (Legacy and Reconciliation) Bill today. Several had booked and paid for their plane and train tickets, so their money has now been wasted. For the Government, changing the parliamentary timetable might be trivial, but for victims and their families, such behaviour only adds to the pain and frustration of decades of hurt. And it exposes the truth—that Northern Ireland and its unique sensitivities are not taken seriously by this Government.
As the right hon. Member for Maidenhead (Mrs May) said, if time were truly important, as the Government’s legal argument of necessity implies, this Bill would have been introduced as emergency legislation, or at least rushed through. There is only one real necessity in this Bill, at this time, and that is to try to distract from the catastrophic performance at the ballot box last week, and to fire the starting gun for the Foreign Secretary’s leadership bid. Once again, the Tories’ civil war is infecting our politics. Once again, Northern Ireland is paying the price. This House deserves better. Northern Ireland deserves better. Victims of the troubles certainly deserve better.
The Government claim to be acting on behalf of communities in Northern Ireland by tearing up the protocol, yet in the very same week they are simultaneously ignoring the opposition from all Northern Ireland communities, because opposition to their Bill to deal with the murders and acts of terror during the troubles is universal. Every party from every community opposes it, yet the Government plough on. They are picking and choosing parts of the Belfast/Good Friday agreement according to whatever their political needs are in any particular moment.
For example, one justification for tearing up the Government’s Brexit deal is the loss of community support for the protocol. This totally ignores one essential fact: the Government never had it to start with. The DUP and Unionists have been very consistent from the very beginning when it comes to the protocol: they opposed it. When Ministers were drafting and negotiating the protocol, the consent of the Unionists was never sought and never given. As the right hon. Member for North Thanet (Sir Roger Gale) said, they even voted against it in this House. How can it now be claimed to have disappeared? It was never there to begin with.
In fact, when the Prime Minister presented the protocol to Parliament in 2019, he said in response to Lord Dodds that
“the people of this country have taken a great decision embracing the entire four nations of this country, by a simple majority vote that went 52:48 and which we are honouring now.”
He went on:
“I think that principle should be applied elsewhere, and I see no reason why it should not be applied in Northern Ireland as well. It is fully compatible with the Good Friday agreement.”—[Official Report, 19 October 2019; Vol. 666, c. 581.]
That was the Prime Minister speaking here, to this House, on 19 October 2019. We now have an entire Bill that reveals that the Prime Minister was not truthful with the House as he tried to sell the protocol.
Let us turn to another promise made and broken by this Government. Page 5 of the Tory manifesto could not be clearer. It says: “No…renegotiations.” So when the Foreign Secretary says, as she did at the Dispatch Box earlier, that the EU not agreeing “to change the text of the protocol” is her basis for this Bill, it exposes yet another broken manifesto promise. Fourteen million voters who believed that promise have been betrayed.
All this is perfectly in line with the Government’s approach to Northern Ireland: they pick and choose issues depending on whether they serve whatever grievance they happen to have and be peddling at any moment in time. Their approach is reckless and neglectful. When the politics of Northern Ireland demand sustained, diligent support, the Government look the other way. When the Northern Ireland Executive collapsed in February, the Prime Minister did not visit Stormont to fulfil the vital role of honest broker to help the parties to find a way forward. He did make it to Saudi Arabia, India and the United Arab Emirates. Five months later, and only when the challenges in Stormont became unignorable, he found time for a fleeting visit.
The biggest challenge facing Northern Ireland is not the protocol; it is this neglectful Government. All parties in Northern Ireland want to see progress on the protocol. We on the Labour Benches have called for the EU and the Government to get back around the negotiating table. There are large areas of common ground that show that successful negotiation is possible, as my right hon. Friend the Member for Leeds Central (Hilary Benn) outlined eloquently. The UK, the EU and all parties in Northern Ireland have identified areas of improvement, and many of them clearly overlap. This appears to be the only negotiation in history that has failed because everyone agrees. We have consistently said that the EU must show more flexibility over Northern Ireland, but the way to unlock it is by engaging and negotiating—the very things that Britain used to be good at.
The overwhelming number of issues raised in the Bill are negotiable, with statecraft, diligence and graft. Take the veterinary agreement that New Zealand negotiated and signed with the EU. There were no rows, no psycho drama and no lawbreaking legislation. They just sat around the table and put in the hard work. With statecraft, diligence and graft, it is possible to reach an agreement on outstanding issues with the protocol. A veterinary agreement and a data sharing deal would remove the need for the vast majority of remaining checks. That is what this ultimately comes down to: identifying those remaining products that face undue red tape in their journey to Northern Ireland. With Britain’s great history of instigating, supporting and delivering global historic agreements, is it not reasonable to expect our Government to just get on and deliver it?
That is why we oppose the Bill. It takes us further away from the negotiated progress that is the only way forward. It is worth putting the scale of the current Tory incompetence in perspective. The previous generation, including John Major and Tony Blair, negotiated a framework that delivered peace in Northern Ireland. This lot cannot even negotiate a prawn sandwich across the Irish sea.
I thank all Members who have spoken on Second Reading. I will attempt to respond to as many of the points raised as possible, perhaps leaving out the choice of sandwich that the hon. Member for Hove (Peter Kyle) has been talking about this evening and in various interviews. There have been a huge number of thoughtful and insightful speeches and a wide range of views have been expressed across this House. That shows the interest and the support, certainly from the Conservative Benches, for ensuring a resolution to the issues affecting the people of Northern Ireland.
The Northern Ireland protocol, while agreed with the best of intentions, is causing practical problems for people and businesses in Northern Ireland, including trade disruption and diversion, significant costs and bureaucracy for traders. It cannot be right that it is easier to send goods from Great Yarmouth to Glasgow than to Belfast—still a part, and an important part, of the United Kingdom. Everybody in the United Kingdom should be able to access products and goods in the same way.
Political life in Northern Ireland is, as it has been, built on compromise and power sharing between communities, as the hon. Member for North Antrim (Ian Paisley) outlined, but the protocol does not have the support of all communities in Northern Ireland. As a result, we are seeing both political and social stress in Northern Ireland, including the lack of functioning of both the Northern Ireland Executive and the Northern Ireland Assembly, as rightly outlined by my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland).
It is clear that the protocol has become a major political problem, and it is putting a strain on the delicate balance inherent within the Belfast/Good Friday agreement. It is worth noting, and it might be forgotten from what some Opposition Members have said today, that all party leaders in Northern Ireland, at some stage or another over the past few months, have been clear that there is a need to change the Northern Ireland protocol. This legislation is about preserving the wider social and political stability in Northern Ireland, finding a more stable and sustainable solution, and ensuring that the frictions faced by businesses and consumers in Northern Ireland on goods coming from the rest of the United Kingdom are removed.
It remains the preference of the UK Government to achieve these benefits through negotiations. These are negotiations that have been conducted by the Foreign Secretary and predecessors over the past 18 months. The lack of flexibility that we have seen from the EU, as rightly outlined by my hon. Friend the Member for Newcastle-under-Lyme (Aaron Bell), has led us to the point where it is right that we make a decision about taking forward a solution that works for the people of the United Kingdom and, within the United Kingdom, the people of Northern Ireland.
This Bill will enable us to implement a successful negotiated settlement as well. It is important to recognise that that will require a significant change in approach from the EU Commission, as a number of hon. Friends have outlined. I am afraid that that change has not yet been forthcoming. The scale of problems and the depth of feelings aroused by the protocol unfortunately, if anything, have been exacerbated, rather than eased by the current EU approach—whether it was through triggering article 16 over crucial vaccine supplies to Northern Ireland in January 2021, launching infraction proceedings following emergency easements to ensure the movement of food and parcels to Northern Ireland in March 2021, or repeatedly failing to show pragmatic flexibility in more than 300 hours of negotiations over the past nine months and continuing to insist on processes that would add to, rather than remove, the burdens currently felt by businesses moving goods to Northern Ireland.
Has my right hon. Friend noticed how Labour always takes the side of the EU, even when, as in this case, the EU is damaging the Good Friday agreement and diverting trade expressly against the legal provisions of the protocol?
My right hon. Friend makes a fair point. He will know from attending oral questions to the Northern Ireland Office that I have regularly had to listen to the hon. Member for Hove at the Dispatch Box taking the side of the EU—but then, the hon. Member wants to rejoin the EU, so I suppose we should not be surprised.
We should also be clear about the reality, when we hear about the flexibility of the European Union and the offer it has made, based on its October offer. That would be a backwards step from the current situation, which is already not working for businesses and people in Northern Ireland.
Does my right hon. Friend agree that if the Scottish nationalist party tonight votes against this great piece of legislation, it will be voting to continue the situation whereby Scottish seed potatoes—the best-quality and the healthiest seed potatoes in the world—will be banned from export to Northern Ireland?
My right hon. Friend is renowned for always speaking good sense, as he did in that intervention. I can go further; I was given an example not too long ago about the frustration of people in Northern Ireland at not being able to secure a supply of trees from Great Britain to plant in the Queen’s canopy to mark the platinum jubilee, because of the threat to the single market. The last time I saw trees uproot and walk across a border was in “Game of Thrones”—I happily commend the “Game of Thrones” studio tour to everybody in this Chamber when they visit Northern Ireland—but that is not a real threat to the EU single market.
The lack of progress and the subsequent failure of the Northern Ireland power-sharing arrangements is exactly why we as a Government must be prepared to act in the best interests of Northern Ireland and for the stability and delivery of the Belfast/Good Friday agreement.
The Secretary of State talks about the movement of goods. When I was shadow Northern Ireland Minister, I repeatedly asked him, in the run-up to the final decisions, why he did not prepare British businesses better for the agreement he had made. He consistently said, “There is unfettered access, always, both ways.” Why were British businesses not prepared for the deal he agreed?
We have delivered unfettered access from Northern Ireland to Great Britain. I appreciate that hon. Lady is talking about where we do have real challenges, with goods moving from Great Britain to Northern Ireland. There were flexibilities and vagueness, and some areas of the protocol, in terms of implementation, were not resolved. That was why we had the grace periods, why we had to extend the grace periods and why we now have the standstill. That is exactly why the EU’s offer, which it pretends provides flexibility, is a backwards step from where we are today; and it is why nobody in this House should accept it unless they are determined to do damage to Northern Ireland.
This legislation will fix the practical problems that the protocol has created in Northern Ireland. It will enable us to avoid a hard border, protect the integrity of the United Kingdom and safeguard the EU single market. The right hon. Member for Tottenham (Mr Lammy) spoke at some length—more than half an hour—in his opening remarks, and yet in the totality of those remarks we heard no plan, no proposal and no alternative from the Labour party, just words. The same goes for the hon. Member for Hove.
There were two interesting points, however. The right hon. Member for Tottenham raised Magna Carta to show the importance of treaties. He is right that Magna Carta is an important piece of our history, but he may want to recall that there were 63 clauses in it, and treaties evolve; that is why only four of them remain in place today. He also outlined, and I quote:
“In our discussions, the DUP had consistently said that it wanted a negotiated settlement”.
I gently say to him that that seemed to be a surprise to all the DUP Members, so he learned something else—[Interruption.] He talks from a sedentary position, but he might want to check Hansard.
As I say, what we have heard is an outline of noise without any real proposals or any alternative. Many hon. Members, however, have raised important points around the question of legality, particularly my right hon. Friend the Member for Maidenhead (Mrs May) and my hon. Friends the Members for Bromley and Chislehurst (Sir Robert Neill) and for North Dorset (Simon Hoare). I can assure the House that this Bill is not just necessary, but lawful. Proceeding with this Bill is legal in international law and in support of our prior obligations to the Belfast/Good Friday agreement. The protocol is undermining all three strands of the Belfast/Good Friday agreement, as the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) well outlined, and the institutions that underpin it. It is the Government’s assessment that this Bill is currently the only way to provide the means to alleviate the socio-political conditions while continuing to support the protocol’s overall objectives of including and supporting north-south trade and co-operation, in the interests of both the EU and the UK, by ensuring that we protect its single market while protecting the UK’s internal market. These are all aspects of the Belfast/Good Friday agreement.
We recognise that necessity can only exceptionally be invoked in lawfully justified non-performance of international obligations, as was covered very eloquently by my right hon. and learned Friend the Member for South Swindon. This is a genuinely exceptional situation. It is only in the challenging, complex and unique circumstances in Northern Ireland that the Government have decided to bring forth this Bill. It has always been this Government’s position that should the operation of the protocol or withdrawal agreement be deemed to undermine the Belfast/Good Friday agreement, this would take precedence as the prior commitment under international law. That was outlined back in March 2019 by the then Attorney General and the then Secretary of State for the Department for Exiting the European Union. That was not just the understanding of the UK Government; it was the basis on which the protocol was agreed by both parties. The text of the protocol itself is clear that the Belfast/Good Friday agreement should be protected in all its parts. We should all take note of the important and powerful words of Lord Trimble, an architect of the Good Friday agreement.
Many colleagues have raised article 16. We have always reserved the right to take safeguarding measures under article 16 and have made the case that since the summer of last year, the threshold had been met. This Bill is the most effective, efficient and sustainable way to address the far-reaching problems that have arisen as a result of the application of the protocol. Article 16 in itself does not solve the problems in the way this Bill will. It is not only temporary but starts another process.
Hon. Members such as my right hon. and learned Friend the Member for South Swindon and my hon. Friend the Member for Stone (Sir William Cash) talked about the Northern Ireland Executive and Assembly. We have been clear with all parties in Northern Ireland that we do need to see, and I want to see, the Executive back up and running to deliver for the people of Northern Ireland. That has to be a priority for all of us. We want to see that Assembly and Executive as soon as possible. The people of Northern Ireland deserve a stable and accountable devolved Government who deliver on the issues that matter most to them. It is clear from comments today that this Bill is a key component that will see the Northern Ireland Executive and Assembly return, as we heard from the right hon. Members for East Antrim (Sammy Wilson) and for Lagan Valley. I think we can all welcome those comments. This Bill builds on that work. That is what I have heard in the conversations I have had in meeting all party leaders who want to see Stormont return.
The New Decade, New Approach agreement restored the devolved institutions after a three-year impasse, and we all need to work together to uphold the stability that it provided. We as a Government have a strong record in making sure that the institutions are up and running after too many years of hiatus. The New Decade, New Approach agreement, as set out in legislation, provides for a period of up to 24 weeks for Northern Ireland’s political representatives to restore functioning devolved institutions. I expect the parties to make full use of this time to engage with one another in earnest to restore fully functioning devolved institutions and to develop a programme of government that I have written to all the party leaders to encourage work on.
We do have a role on the international stage. The UK has shown what it stands for in the world, not just with rhetoric but with actions, through our extensive support of Ukraine, our unprecedented offer to those fleeing political instability in Hong Kong, and our leadership of international institutions that is demonstrated again this week at the G7 and NATO summits. We have led the way on climate change, as in so many other areas. That is why it is important, and we are focused on ensuring, that we are acting within the bounds of international law. Indeed, we have repeatedly emphasised that it is only the rare, exceptional circumstances in Northern Ireland that make this intervention necessary.
In a tweet that the Secretary of State issued on 1 January 2021, he said:
“There is no ‘Irish Sea Border’. As we have seen today, the…preparations the Govt and businesses have taken to prepare for the end of the Transition Period are keeping goods flowing freely around the country, including between GB and NI.”
Can he explain how that tweet is compatible with this Bill?
Absolutely, and I appreciate the opportunity that the hon. Gentleman gives me to talk about what I said back in January. This highlights exactly the behaviour we expected from the European Union around inflexibility in implementing the protocol. What we have seen since has reinforced that point, and that lack of flexibility and lack of understanding of the nuances of Northern Ireland have led us where we are today. [Interruption.] I gently say to him, while he chunters from a sedentary position, that if he looks at the decisions we took last year to ensure that goods could continue to flow to Northern Ireland, he will see that we took them under criticism from the EU, but they have been vital to ensuring stability in Northern Ireland and access to at least those products that are flown overseas, as international partners have recognised.
The EU has recognised that there are problems with the Northern Ireland protocol; it is just not willing to show the flexibility that is needed to resolve those issues. We are clear that we will ensure that we protect the EU single market, a tiny proportion of which could be deemed to be at theoretical risk. That is why it is important that we get the balance right.
Can the Secretary of State use this opportunity to confirm something, because there will be businesses listening to his every word? In fact, he is probably box office tonight in Northern Ireland among many businesses. In relation to clauses 4 to 13 of the Bill, can he confirm that goods entering what is called the green channel—going from GB to Northern Ireland—will be treated in exactly the same manner as goods travelling from England to Scotland, or from England to Wales?
The hon. Gentleman makes an important point, and it is absolutely our determination that the Bill will ensure a good, flexible free flow of products from Great Britain to Northern Ireland, in the same way that they would move from Great Yarmouth to Carlisle, Birmingham or London. That is what we want to deliver.
One of the reasons we have taken what colleagues refer to as the Henry VIII powers is to ensure that we work with business to make sure that those regulations deliver that free-flowing, flexible process without the bureaucracy that is deterring businesses from accessing Northern Ireland.
The Secretary of State refers to an important point, namely the regulations that this Bill will make it possible to introduce. Clause 1 is clear that nothing in this Bill should harm the Act of Union. Will he confirm that the regulations that will be brought forward from this Bill will not do anything to harm the Act of Union?
Absolutely, and that is why it was important to have that in the Bill—the right hon. Gentleman is absolutely right. Let us be clear: for just under a quarter of a century, the Belfast/Good Friday agreement has been the foundation of peace, stability and political progress in Northern Ireland. All three strands of the agreement are under threat, as we stand here today, and that is a direct result of the protocol. This Bill is the route to a solution. It is legal, it is necessary and it is right for the United Kingdom. Most importantly, it is not just right for the whole UK; it is right for the people and businesses of Northern Ireland. It creates the environment to facilitate the return of a fully functioning Executive.
While the Opposition have voiced criticisms, they have proposed no alternatives. We are taking the decision to act to protect the hard-won gains of the peace process in Northern Ireland. We owe it to the people of Northern Ireland to fix the problems, and that is why, as Secretary of State for Northern Ireland, I commend this Bill to the House.
Question put, That the Bill be now read a Second time.
Proceedings | Time for conclusion of proceedings |
---|---|
Clauses 1 to 3, 15 and 16; new Clauses and new Schedules relating to the subject matter of those clauses | Three hours after the commencement of proceedings on the Bill on the first day. |
Clauses 4 to 6 and 24; new Clauses and new Schedules relating to the subject matter of those clauses | Six hours after the commencement of proceedings on the Bill on the first day. |
Clauses 7 to 11; new Clauses and new Schedules relating to the subject matter of those clauses | Three hours after the commencement of proceedings on the Bill on the second day. |
Clauses 12 and 17; new Clauses and new Schedules relating to the subject matter of those clauses | Six hours after the commencement of proceedings on the Bill on the second day. |
Clauses 13, 14, 18 and 20; new Clauses and new Schedules relating to the subject matter of those clauses | Three hours after the commencement of proceedings on the Bill on the third day. |
Clauses 19, 21 to 23, 25 and 26; new Clauses and new Schedules relating to the subject matter of those clauses; remaining proceedings on the Bill | Six hours after the commencement of proceedings on the Bill on the third day. |
With the leave of the House, we will take motions 5 and 6 together.
Ordered,
European Scrutiny
That Mr David Lammy be discharged from the European Scrutiny Committee and Geraint Davies be added.
European Statutory Instruments
That Jo Stevens be discharged from the European Statutory Instruments Committee and Sir Mark Hendrick be added.—(Sir Bill Wiggin, on behalf of the Committee of Selection.)
With the leave of the House, we will take motions 8 to 10 together.
Ordered,
Home Affairs
That Matt Vickers be discharged from the Home Affairs Committee and James Daly be added.
Justice
That Matt Vickers be discharged from the Justice Committee and James Daly be added.
Welsh Affairs
That Tonia Antoniazzi be discharged from the Welsh Affairs Committee and Wayne David be added.—(Sir Bill Wiggin, on behalf of the Committee of Selection.)
(2 years, 1 month ago)
Commons ChamberProtecting our natural environment is one of the greatest challenges we face. Doing so requires a global effort, from business, Government, communities and, ultimately, individuals. For many in our community, one of the most common ways people can play their part is to recycle so I am delighted to have secured this debate, which allows me to raise the important matter of soft plastic recycling in South Gloucestershire.
The Government’s 25-year environment plan has set an ambitious target of eliminating all avoidable plastic waste by 2043. However, it is vital that we move faster in those areas in which we can. Good progress has been made in meeting the ambition for all plastic packaging placed on the market to be recyclable or reusable by 2025, but we can see the benefits of packaging being recyclable only if systems are in place to allow people to dispose of such items in a sustainable way.
One of the most common forms of recyclable plastics used in Britain today is soft plastics, which are lightweight and include shopping bags, yoghurt lids, crisp packets, bubble wrap, bread bags and chocolate wrappers. They are generally the kind of plastics that can be scrunched up and will ping back out when we let go of them. However, soft plastic recycling facilities can be difficult to access, especially for those who live in rural areas or who have limited mobility. It is therefore vital that we take further steps to roll out soft plastic recycling options and facilities so that those plastics can be disposed of sustainably rather than sent to landfill.
The Government have made incredible progress on environmental protection. There has been broad support for the introduction of one of the world’s toughest bans on microbeads—I campaigned on that issue as a member of the Environmental Audit Committee when I was first elected to this place—and measures to reduce the supply of plastic straws, plastic drink stirrers and plastic-stemmed cotton buds. Usage of single-use carrier bags in supermarkets has been reduced by 95% since the 5p charge was levied—and, of course, that doubted to 10p and has been rolled out to all retailers. I am delighted that the Environment Act 2021 has given Ministers a framework for extended producer responsibility, plastic bottle deposit return schemes and greater consistency in recycling to help drive down plastic waste.
There have been enormous efforts to reduce our dependence on single-use plastic. Commitment has been shown by businesses, councils, schools and, of course, individuals in their own homes. The Environment Act also requires that all waste collection authorities make their own arrangements for a core set of materials to be collected for recycling from households. That includes plastic, card, food waste, metal, garden waste and paper. Many have welcomed the steps taken to boost the market for plastic recycling, including the plastic packaging tax that came into force in April, which will see a charge of £200 per tonne on plastic packaging with less than 30% recycled content. However, we need to go further and start to introduce soft plastics into regular kerbside collections in South Gloucestershire and across the country.
There are many examples of where schemes to boost soft plastic recycling are already happening, with a number of retailers in the private sector having rolled out soft plastic collection points at their own expense. That includes Tesco, which has sites collecting soft plastic in Thornbury and Yate in my constituency, as well as Co-op. Walkers has also introduced a recycling scheme allowing it to recycle millions of crisp packets every year, and Hovis is doing a similar thing with bread bags. So good practice is happening, but in local authority areas such as South Gloucestershire, residents living in rural villages and those with limited mobility can find it difficult to access soft plastic recycling points, which are often located in towns and in hard-to-reach places. A wider-ranging initiative is therefore needed to ensure greater accessibility for everybody in the community. We need Government and councils to work together to take the next steps and to help tackle the problem.
I declare my interest not only as a Member of Parliament for South Gloucestershire but as chair of the all-party parliamentary group on the environment. I thank my hon. Friend for calling this important adjournment debate on soft plastic recycling, because it is the future. We have done so much both as a Government and in local authorities on looking at how to recycle hard plastics, but my constituents in Kingswood consistently ask me why they cannot recycle plastic bags and plastic material, which make up an overwhelming proportion of our waste. It seems so futile to be throwing it into landfill. We have the opportunity for every local authority—not just South Gloucestershire —to take this forward. I really believe that we should not just have a pilot exercise. The Government must up their ambition nationally as well as by helping South Gloucestershire to achieve its ambition of becoming a net zero council by 2035 through measures such as soft plastic recycling. On the third anniversary of the Government signing up, in law, to net zero, what could be better than the Minister committing to introducing improved soft plastic recycling facilities in South Gloucestershire? Perhaps we could also tease out a commitment to additional soft plastic recycling opportunities not just in the private sector but in the public sector, and ask the Government to take a critical role, as they did with net zero three years ago. We could lead the world in recycling soft plastics. So many countries would follow our lead, as they did with net zero.
My right hon. Friend is being incredibly modest. He talks about the Government signing net zero into law three years ago; I seem to recall that he was the Minister of State who did that. I am grateful to him for backing this campaign, and for his work in driving this agenda forward, both in South Gloucestershire and nationally. He is absolutely right that speed and scale of ambition is so important—not just from Government, but from businesses, individuals and local authorities.
In April last year, the Government brought forward a consultation, which suggested that local authorities should collect soft plastics at the kerbside by the end of the 2026-27 financial year. The Government say that a response to the consultation will be published “shortly”. My right hon. Friend and I have both served in Government, and we know that the term can mean different things, so we would be grateful for an update on when we will hear more information. We are desperate to see this measure rolled out, and are so passionate about it.
I am pleased to say that South Gloucestershire Council leads the way on general recycling in the south-west; it has one of the highest recycling and composting rates in the UK. Since the Conservatives took control of the council in 2015, the recycling rate has increased year on year to record levels, reaching a high of over 59% in 2019-20. Last year, South Gloucestershire Council was ranked fifth of 92 unitary authorities across the UK for recycling, so I pay tribute to it. I also put on record my thanks to the amazing local refuse teams and council officers for the incredible work that they did during the pandemic to keep things moving, and to keep delivering that core, essential service.
I am pleased that that the council is investing heavily in the local services that really matter in our communities. A new recycling deposit site is being built in Mangotsfield in my right hon. Friend’s constituency, and substantial renovation work is being carried out at the recycling deposit site in Filton. Of course, improving recycling rates requires leadership in the community—from Parliament, Ministers and MPs, but also from councillors and council leaders. That is why I was so pleased to see the leader of South Gloucestershire Council, Toby Savage, leading from the front, and volunteering with refuse teams during the pandemic to make sure that we could keep them going.
Although we are delivering locally—we have a good track record in South Gloucestershire—there is an issue with the number of local authorities collecting soft plastics. Only 17% of councils provide a soft plastic waste collection service. There is a need to do more. I absolutely support the ambition and aims of last year’s consultation, because there is a need for further standardisation, and there should be further incentives for councils to take action to stop plastic going into landfill needlessly.
In South Gloucestershire, we are supporting efforts to protect and improve the natural environment; it is a priority for us. I surveyed every elector in swathes of my constituency earlier this year—those in all the rural villages, including Frampton Cotterell, Chipping Sodbury, Old Sodbury, Horton, Rangeworthy, Tytherington, Iron Acton and Hawkesbury Upton—about the environmental issues that are important to them. The issue that came out top in every single village was the need to do more on plastic recycling, and particularly soft plastic recycling.
Alongside councillors, fellow local Members of Parliament and campaigners, I worked with the council to submit a bid to take part in the Flexible Plastic Fund’s FlexCollect project, a pilot scheme that is being run alongside the Minister’s Department, in collaboration with SUEZ Recycling and Recovery UK, to roll out soft plastic recycling facilities and services in the community.
On 6 May this year, I wrote to the Minister to request that DEFRA include South Gloucestershire Council in the scheme. I understand that the Flexible Plastic Fund has confirmed that a detailed categorisation and benchmarking process is being undertaken to select suitable councils and to consider factors such as socio-demographics, geography and the existing collection systems that different councils have in place that have applied to be in the scheme. It wants to make selections that reflect the whole United Kingdom as quickly as it can.
South Gloucestershire is leading the way in recycling across the west of England. We have record rates being delivered and a range of urban and rural communities, which makes us perfect to conduct the trial. This is the most pressing environmental concern for my constituents. The demand is here, because whether we are talking about fruit and veg packaging, crisp packets, films on yoghurts, pasta packets, cling film, salad packaging, bubble wrap or pet food pouches—you name it; South Gloucestershire wants to recycle it. I ask the Minister for her support for South Gloucestershire Council’s bid to be in this vital pilot scheme.
Environmental protection is one of the most important issues facing our planet. We have made incredible progress in leading the fight. We were the first major economy to set a net zero target in law, which was signed by my right hon. Friend the Member for Kingswood. We hosted the COP26 summit last year. We led the way in arguing for the Glasgow climate pact to speed up the pace of climate action. Of course, there is always more to be done. That is why we are here this evening to call for an achievable, tangible change that can improve the amount of recycling that we do in South Gloucestershire and reduce the amount going to landfill. It is vital that we are included in the pilot scheme as part of the FlexCollect project. I would be grateful for the Minister’s support for the bid, and I look forward to her response.
I thank my hon. Friend the Member for Thornbury and Yate (Luke Hall) for securing this debate on the important issue of soft plastic recycling—he was ably aided by my right hon. Friend the Member for Kingswood (Chris Skidmore) in pointing out how important this is—and I begin by saying what a champion he is on this issue. He knows that the Government are committed to tackling plastic pollution. As he outlined, we have a range of ambitious policies to do so. Plastic film makes up a third of all plastic packaging placed on the market, so driving better recycling is particularly important.
Plastics often get a bad name, but they are incredibly important and useful because their strength and versatility make them a very valuable material in many areas of life. For example, the plastic packaging that challenges us when we try to get rid of it also preserves our food and plays a key part in extending the shelf life of some items and in reducing food waste. However, plastics cause problems when they leak out of the system into the environment. As my hon. Friend said, they can pollute our waterways and oceans and harm our wildlife.
The ban on microbeads—which my hon. Friend referred to—in rinse-off personal care products will help to stop billions of tiny pieces of plastic potentially entering the aquatic environment every year. We are reforming the waste system to ensure that we reduce, reuse and recycle plastic. By ensuring that more plastic is recycled, we will cut the amount of that valuable resource that is sent to landfill. We can also achieve carbon savings from reducing the amount of plastic waste that is sent to incineration. Arguably, the driver there is to reduce that consumption.
On consistency in recycling—my hon. Friend mentioned the different streams—through our landmark Environment Act 2021, which the House passed last November, we will ensure that all homes and businesses get the proper recycling service to which he referred. That will ensure that the same set of materials are collected across England, making it easier for our councils to deliver and making it clearer to the public what they can and cannot recycle. He spoke about our working together and, arguably, that will make it much easier from the get-go. Plastic film makes up a third of all plastic packaging on the market, yet, as my hon. Friend mentioned, only about a fifth of local authorities in England—17%—currently collect plastic film. Just 5% of plastic film put on the market is recycled. That is a woeful figure that we need to drive up.
My right hon. Friend the Member for Kingswood said that we need to be ambitious. I assure him that we intend to be ambitious. We recognise that there are challenges with the collection and sorting of material, but doing more is absolutely at our heart. We have received a clear message from industry that it requires early signalling of the intent to require the collection of plastic film and flexible packaging for recycling to stimulate the necessary investment needed to improve infrastructure. My hon. Friend the Member for Thornbury and Yate is right that it is better in some parts of the country than in others.
To provide that early signal, in our recently published consultation on extended producer responsibility for packaging, we announced that plastic film would be collected from every home and business in the UK by 2027, so the starting gun has been fired. Including plastic film and flexible packaging in kerbside collections will make things much easier and much more convenient for our householders and businesses. Until then, supermarkets and others in the private sector are performing a key role by providing further opportunities for in-store collection of plastic film for recycling. My hon. Friend mentioned one or two companies that are really beginning to push for suitable and sufficient facilities, very often because customers are demanding it.
I appreciate my hon. Friend’s point about access to wider retailer collection schemes for soft plastics. I agree that a wider-ranging initiative such as kerbside collections is needed to ensure that people in rural as well as urban areas are able to access facilities and recycle their soft plastics.
I thank my hon. Friend for his interest in the collection and packaging reforms. We will publish a response to the consultations on consistency and the deposit return scheme shortly. We received a wide range of views from stakeholders. Building a large, complex system obviously takes time, but we want to make sure that we get it right.
Extended producer responsibility for packaging ensures that packaging producers, not the taxpayer, cover the cost of disposing of packaging that they put on the market, powerfully encouraging them, along with the plastic packaging tax, to make their products easier to recycle. Under extended producer responsibility, we are introducing modulated fees to drive producers to make more sustainable packaging designs. This will help to reduce unnecessary plastic packaging and incentivise the use of recyclable materials.
The Government have also invested £20 million into four new facilities to support the development of new plastic waste recycling technologies. We expect that private investment will continue and increase as we move towards legislating on the requirement to collect plastic film from households and businesses.
To support our ambitious goals to recycle plastic film, the Department for Environment, Food and Rural Affairs, alongside the Flexible Plastic Fund, UK Research and Innovation and Zero Waste Scotland, is funding a multimillion-pound pilot project on flexible plastic kerbside collections. The FlexCollect project, launched in May, will provide financial support for selected local authorities to roll out kerbside collections in trials over a three-year period. Insights from the project will be invaluable in informing how councils can best collect plastic film.
I encourage all councils to express their interest in the project. To ensure that the project is as beneficial as possible in informing the roll-out of plastic film collections on a national level, it will need a good cross-section of local authorities to make it a success. We need to understand the challenges and successes in rolling it out to all households and businesses so that people are able to recycle their plastic film, whether they are in a rural location or in the centre of a city. The selection process will help to identify whether local authorities are a good fit for the project and due diligence will be applied. Appropriate governance structures are in place to ensure that the selection process is fair and transparent; I am sure that my hon. Friend agrees and approves.
The project is being managed by a consortium of organisations including: Ecosurety, SUEZ Recycling and Recovery UK Ltd, RECOUP and WRAP, the Waste and Resources Action Programme. A cross-section of industry stakeholders including the Local Authority Recycling Advisory Committee, the National Association of Waste Disposal Officers, the Chartered Institution of Wastes Management and the Environmental Services Association are also involved to ensure all parts of the value chain involved in the collection and recycling of this material are considered. I understand that announcements will be made about participation in the Flexible Plastic Fund’s FlexCollect project over the next few months. I am truly delighted that South Gloucestershire Council has submitted a bid for FlexCollect. I am sure that it will be carefully considered, and, like my hon. Friend, I pay tribute to all those who work in the refuse and recycling sector. It is great to see councils such as his driving progress in recycling, and challenging themselves to do better and do more for their residents.
I thank my hon. Friend again for initiating the debate. I know that he is a tireless champion for the environment as well as the people of Thornbury and Yate, and that he builds on the excellent work of South Gloucestershire Council across a range of areas. The Government are committed to leaving our environment in a better state than the one in which we found it, and fighting plastic pollution and providing easy systems for our residents and businesses are a key part of that legacy.
Question put and agreed to.
(2 years, 1 month ago)
General CommitteesI beg to move,
That the Committee has considered the draft Police, Crime, Sentencing and Courts Act 2022 (Consequential Provision) Regulations 2022.
It is a pleasure to see you in the Chair this afternoon, Mr Sharma.
Following the horrific terrorist attack at Fishmongers’ Hall in November 2019, the Home Secretary commissioned the independent reviewer of terrorism legislation, Jonathan Hall QC, to review the multi-agency public protection arrangements—commonly known as MAPPA—which are used to supervise terrorist and terrorism-risk offenders on licence in the community.
The Police, Crime, Sentencing and Courts Act 2022 established three new powers for counter-terrorism policing: a personal search power, a premises search power, and an urgent power of arrest. These powers were taken in response to recommendations made by Mr Hall following his review of MAPPA. The draft regulations relate to the new power of personal search, the creation of which was also recommended by the Fishmongers’ Hall prevention of future deaths report. The personal search power was inserted into the Terrorism Act 2000—it is new section 43C of that Act—by the 2022 Act. The new search power commences tomorrow, 28 June.
As the Government set out during the passage of the 2022 Act, the new search power will apply across the UK, enabling the police to stop and search terrorist and terrorism-connected offenders released on licence who are required to submit to the search by their licence conditions. The officer conducting the stop and search must be satisfied that it is necessary to exercise the power for purposes connected with protecting members of the public from a risk of terrorism.
The Government are clear that sensitive powers of stop and search should be subject to a code of practice setting out the basic principles for their use. Section 47AA of the Terrorism Act 2000 imposes a requirement on the Secretary of State to prepare a code of practice containing guidance about the exercise of search powers that are conferred by that Act. The draft regulations amend section 47AA so that it extends to cover the new search power inserted into the Terrorism Act by the 2022 Act. Subject to Parliament’s approval, this consequential amendment will create a requirement for the Secretary of State to prepare a revised code of practice that includes guidance on the exercise of the power conferred by new section 43C.
In anticipation of section 47AA being amended, I can confirm that we are already in the process of engaging relevant stakeholders and updating the code of practice to reflect the new section 43C stop-and-search power. We plan to lay an order next month, alongside the draft revised code of practice itself, for Parliament’s consideration and approval. As such, Parliament will have the opportunity to review and debate the revised code and its contents in due course.
The draft regulations being considered today simply relate to the technical and consequential matter of whether to amend section 47AA of the Terrorism Act 2000 to enable the Government to update the relevant code of practice in the manner I have outlined. I very much hope that hon. and right hon. members on both sides of the Committee will be able to support them.
It is a pleasure to serve under your chairmanship this afternoon, Mr Sharma. I thank the Minister for his opening remarks. I hope that he will be relieved to hear that we recognise and agree with much of what he said.
As the Minister has already outlined, the proposed changes follow recommendations by the independent reviewer of terrorism legislation, Jonathan Hall QC, as part of his review of the multi-agency public protection arrangements. The independent reviewer’s work will always carry a great deal of weight with the Opposition, and we treat his recommendations with the utmost seriousness. The proposed changes also follow a recommendation from the inquest into the horrendous Fishmongers’ Hall attack in November 2019. As always with such attacks, it is important that we make a detailed review of our processes and legislation in order to plug any gaps that could be exploited by those wishing to do us harm. On that basis, we are keen to see the draft regulations enacted.
Of course, with any such extension of powers there can be unintended consequences or missed opportunities, so I look forward to Jonathan Hall considering the effect of these powers once they come into effect. We will continue to consider their effectiveness to ensure that the right balance has been found. We also look forward to seeing the revised code of practice in the coming days.
Overall, the Opposition are satisfied that the changes are proportionate to the security challenges we face and necessary if we are to reduce the risk of future attacks. I will not delay proceedings further as we support the proposals in the national interest.
It is a pleasure to see you in the Chair, Mr Sharma. It will probably be helpful for me to be clear about the SNP position on the 2022 Act. I think our opposition is well understood, as is our opposition to the UK’s Government’s clamping down on the right to protest. Despite those regrettable moves, we need to consider matters such as these in the most sensible and pragmatic way.
I note the confirmation on page 3 of the explanatory memorandum that, on this occasion and in a welcome departure from an awful lot of other occasions, the devolved Administrations were consulted and agree that the regulations are sensible. On that basis, we will fall into line on that and endorse what the hon. Member for Halifax said.
It is a pleasure to serve under your chairmanship, Mr Sharma. My observation does not relate to the draft regulations, which are a good idea, but I want to bring something to the attention of the Minister and those present from the Department. When the code is being prepared, I hope that one of its component parts will be that both the ethnicity and faith of anyone being searched will be recorded, and that that information will be available to the public on an annual basis.
I thank the colleagues who have spoken. I acknowledge what the hon. Member for East Renfrewshire says about the importance of consultation with the devolved Administrations. To the hon. Member for Bolton South East, I say simply that we are committed, as she knows, to tacking terrorism in all its forms. This power to conduct a search will apply to any terrorist offender who is subject to the relevant licence condition, which is irrespective of someone’s religious background or ethnicity. The legislation is clear that such searches cannot be conducted unless the police officer is satisfied that the search is necessary for the purposes of protecting members of the public from the risk of terrorism.
I thank the hon. Member for Halifax for her comments. I echo what she says about the importance of the work of the independent reviewer of terrorism legislation, and I assure her that the effectiveness of such legislation is continually reviewed.
In conclusion, I thank all colleagues for their presence here at this important scrutiny session—
Maybe I misheard the Minister, but did he say that when somebody is searched, that search will be recorded, and also that the records will show the ethnicity and religion of the person? That is the information I was talking about. Perhaps I misunderstood him, but I would like clarity on that.
Of course, the code itself will be laid before Parliament in due course and the House will have, in a session such as this, the opportunity to debate it. I can assure the hon. Lady that that sort of recording is indeed part of the process.
I reiterate that the regulations provide a technical consequential amendment to section 47AA of the Terrorism Act to reflect the introduction of the new personal search power and to ensure it is governed by a code of practice. I emphasise again that today’s regulations will not amend the content of the relevant code of practice, and our draft revised code, as I was just saying, will shortly be laid before Parliament subject to its approval. As such, I commend the draft regulations to the Committee.
Question put and agreed to.
(2 years, 1 month ago)
General CommitteesI beg to move that,
That the Committee has considered the Customs (Amendments and Miscellaneous Provisions) Regulations 2022 (S.I. 2022, No. 615).
The regulations update the UK’s tariff schedule and correct minor errors in previous secondary legislation. Specifically, this statutory instrument amends existing tariff legislation that was laid before the House on 16 December 2020 and through which the UK’s first independent tariff schedule was implemented on 1 January 2021.
I want to highlight two aspects of the instrument. First, it updates a number of commodity codes—the classifications of goods within the tariff schedule—as laid out in a set of tariff reference documents. These are routine technical changes, which are needed to ensure that traders access the correct codes when trading in goods. Secondly, the instrument rectifies a small number of administrative errors in connection with three tariff lines for goods relating to chemical dyes used in pharmaceutical manufacturing, carpets and textile floor coverings. The errors relate to missing tariff duties on those goods in the legislation. For context, that is three out of about 16,000 tariff lines. Although traders were previously charged tariffs on the goods at the rates intended, and as traders expected, it was done inadvertently, without the three rates being set out formally in the tariff reference document.
After that was discovered during a review, systems were changed, so that traders were no longer charged tariffs on the goods, thereby ensuring that Her Majesty’s Revenue and Customs was acting lawfully in the interim while the error in the legislation was corrected. This instrument inserts the intended rates into the legislation, allowing HMRC to collect these rates properly and lawfully from now on.
As trade did take place on the lines before the legislation was corrected, HMRC must reimburse traders who were charged rates that were not reflected in the legislation. It is in the process of doing so. More broadly, I emphasise that the vast majority of customs duties are being collected as intended.
Can the Minister give us the gross figures for the total amounts overpaid and underpaid before the error was corrected?
We are in the process of reimbursing a total of £1,382,000.90 to 601 traders incorrectly charged as a result of these errors.
In conclusion, this instrument updates the tariff schedule and makes limited corrections to address administrative errors. I hope that colleagues will join me in supporting the regulations, which I commend to the Committee.
Thank you, Ms Fovargue, for the opportunity to set out the Opposition’s position on this statutory instrument.
As we heard from the Minister, this instrument intends to correct subordinate legislation previously made under the Taxation (Cross-border Trade) Act 2018. It seeks to amend errors and update tariff reference documents that detail the classification and duty of rates on goods included in the UK’s tariff schedule.
We recognise that the areas covered by the statutory instrument are fairly specific, and as the Government are correcting errors, we will not oppose it. While we recognise that corrections and amendments need to be made where defects or errors have occurred, however, it is important that the Government support businesses and minimise further inconvenience, in particular at this difficult and uncertain time.
While we will not oppose the regulations, I want to clarify the impact on the businesses affected. In particular, as the Scottish National party spokesperson said, the explanatory memorandum makes it clear that until the errors were identified, importers may have been under the impression that the import duty was being lawfully applied and in line with stated policy. The notes confirm that HMRC is planning to refund affected traders who have consequently overpaid. Will the Minister expand on her response to the earlier intervention and explain the process by which affected traders will be refunded? Will the refund take place automatically, or will traders need to apply for it? I would also be grateful if the Minister set out in further detail exactly how many traders have been affected by overpayment and over what period, and how much overpaid revenue has been approved or needs to be funded.
Although the Labour party will not oppose the statutory instrument, it is important that we get clarity on exactly how those overpayments will be refunded and on how that refund will operate.
I am happy to respond to those points. As I mentioned, those 601 traders were incorrectly charged a total of £1,382,000.90. We have contacted all traders who are owed, and we are in the process of reimbursing them. I am happy to write to the hon. Gentleman on the one question of his that I have not answered.
I am pleased that the hon. Gentleman will not oppose the statutory instrument. Of course, a small part of the SI deals with the three errors that have been identified in the 16,000 tariff lines—I emphasise that those are small errors. The instrument not only deals with those small errors, but updates the code as a whole, so it was necessary to bring it before the House. For all those reasons, I commend the regulations to the Committee.
Like the main Opposition party, the SNP will not oppose the regulations, because we actually think it is a good idea for Governments to admit when they have made a mistake and correct it at the earliest opportunity. The Government seem to be quite selective about which mistakes they admit to and are willing to correct.
The Minister can point to the fact that there were only three very small errors for the number of lines that we are dealing with, but £1.3 million was overcharged. That is an average overcharge of £2,000 for 600 traders. We do not know what size those traders are, but a lot of the traders in my constituency—even some of the quite big ones—barely made a £2,000 profit last year. That amount of money might look quite trivial in the context of the total customs bill for the year, but it could be significant to traders who have been overcharged.
I asked earlier about underpayments, and the Minister did not answer my question. Have there been underpayments as well, and if so, of how much were they and what is happening with them? Will other traders be told that they have to pay more than they had expected, or will that amount be written off at public expense?
The Minister concentrates on the small percentage of errors in the legislation, but this is not the first time that I have spoken in a DL Committee through which the Government are attempting, for the second or third time, to correct errors in Brexit legislation. It is quite clear that the Government catastrophically misunderstood and underestimated the amount of work needed to put Britain back where it was before it left the European Union.
We cannot blame civil servants—they are human beings and make mistakes, especially when under pressure—but if this is what happens now, when the civil service is close to full staffing, how on earth do the Government think they will get by with 90,000 fewer civil servants? Where will those civil service cuts be made? I have not yet seen a Government Department perform anywhere near the standards that they should reach, and for most of them, that is partly because they are understaffed, so I genuinely do not know why the Treasury or any other Department thinks that it can cut staffing by 20%, 30% or 40% without opening the door to errors that are much more catastrophic than the ones before the Committee.
I now have the answer for the hon. Member for Ealing North, which will save us from writing letters. HMRC has written to all the traders, so there is no need for them to apply.
Let me respond to a couple of the points made by the SNP spokesperson, the hon. Member for Glenrothes. We should have put a figure into the schedule, but we did not. Traders would have been expecting to pay the amount that would have been due in the ordinary course, but because the legislation does not include that figure, we cannot legally claim it. Those are amounts that traders would, in the normal course, pay to the Government. It is not that they have overpaid something that was incorrect or that they have been charged an excess amount; it is just that we cannot legally collect the sum, and that is why we are paying it back. I hope that answers his question about underpayment and overpayment.
Yes, we are paying back £1.3 million in respect of those errors, but the total tariff income that the statutory instrument deals with is £4.5 billion, so the errors are minor in the context of the whole. I commend the regulations to the Committee.
Question put and agreed to.
(2 years, 1 month ago)
General CommitteesI beg to move,
That the Committee has considered the draft Local Authority and Combined Authority Elections (Nomination of Candidates) (Amendment) (England) Regulations 2022.
It is a pleasure to serve under your chairmanship, Dame Maria. These regulations, which were laid before the House on Monday 6 June, seek to amend local election rules to account for the new disqualification criteria introduced by the Local Government (Disqualification) Act 2022, which comes into force tomorrow. That Act updates disqualification criteria for local authorities to disqualify individuals convicted of sexual offences who do not receive a custodial sentence. The regulations make the necessary changes to election processes to ensure that future mayoral candidates continue to correctly declare that they are eligible to stand in elections.
Local election rules require candidates to declare that they are not disqualified by signing a consent to nomination form. The format and wording of those forms is prescribed in secondary legislation. These regulations will update those forms to add references to the new criteria for mayoral elections inserted by the 2022 Act. Further, they will require that copies of the relevant new sections of the 2022 Act are reproduced in full and appended to the forms. The regulations make sure that both candidates and electoral administrators have clarity when making those declarations. Implementation of the regulations should not be delayed, as the Act’s provisions come into force tomorrow.
These amendments follow statutory consultation with the Electoral Commission, which supports the need to implement the provisions of the 2022 Act by bringing forward the regulations as soon as possible. The Electoral Commission has updated its guidance to take note of the new disqualification criteria, and will update its nomination packs containing the consent to nomination forms once the regulations are approved. The Government committed to seek legislation that would disqualify sex offenders from local government in our 2018 response to a public consultation on the matter.
To support the Act, I have already amended equivalent election rules for all tiers of councils, the London Assembly and the Mayor of London through the Local Authority and Greater London Authority Elections (Nomination of Candidates) (Amendment) (England) Rules 2022 on 30 May, under the negative procedure. Today’s regulations are the final stage in delivering on that commitment and fully implementing the disqualification of sex offenders.
To summarise, the regulations are necessary for full implementation of the Local Government (Disqualification) Act 2022. No community should have to tolerate a convicted sex offender standing as its local mayor. I commend the statutory instrument to the Committee.
It is a pleasure to once again serve under your chairmanship, Dame Maria. I thank the Minister for her detailed explanation of the instrument, which will update the candidate consent to nomination forms to reflect the very welcome changes introduced by the Local Government (Disqualification) Act 2022, to which the Minister has referred.
It is vital that we uphold the best standards in public life at all levels of government. An overwhelming majority of local councillors, mayors and mayoral candidates do so, serving their communities to the best of their abilities in the spirit of public service and public duty. I did so for 11 years as a councillor in Manchester, and other Members present will have done the same. However, when individuals fall short of the standards we expect from elected representatives, we must ensure that action can be taken to remove them from office and, importantly, prevent them from standing in the first place. The previous loophole identified by the Minister in other parts of the body politic has allowed local government elected members who were convicted of sexual offences, but were not given custodial sentences, to remain in office. That has caused unacceptable situations that degrade and undermine our local democracy.
As such, we owe our thanks to the hon. Member for Mole Valley (Sir Paul Beresford) for using his bite at the legislative apple to ensure that people put on the sex offenders list cannot be elected or remain in their elected post—the absolute bare minimum that all of us on this Committee would agree the public should expect. Given that we are all in agreement today—it is great to have some cross-party agreement on what is quite a sensible thing to do—I will go further. As the Minister has referred to this issue in the past, I ask her to use her experience and her Department to advise on Northern Ireland’s implementation of similar reforms.
I thank the hon. Gentleman and the Opposition for supporting today’s SI. Regarding his comments on Northern Ireland, we will work on that issue with devolved Administrations and with Members of this House who represent constituencies in Northern Ireland. I also take this opportunity to pay tribute to the sponsors of the Local Government (Disqualification) Act, as the hon. Gentleman has just done, by thanking my hon. Friend the Member for Mole Valley (Sir Paul Beresford) and Lord Udny-Lister for their work to progress that Act here and in the other place.
To conclude, the electorate in a modern democracy have a right to expect that their mayoral candidates should be of good character. The Government consider that there should be consequences where candidates fall short of the behaviour expected in an inclusive and tolerant society. We must fully implement the disqualification of sex offenders from local government office, and these regulations are the final step in delivering on the Government’s commitment to legislate on this important matter.
Question put and agreed to.
(2 years, 1 month ago)
Ministerial Corrections(2 years, 1 month ago)
Ministerial CorrectionsOf the £5 billion, what proportion will be swallowed up by the inflation in costs of energy for schools, rather than being spent on teachers?
The answer is none, because the £5 billion for recovery is on top of the additional funding that we are putting into schools: the £4 billion coming in for this academic year and the £7 billion over the course of the spending review period. The £5 billion is a targeted intervention specifically for recovery. I will break it down in a little more detail. It includes £1.5 billion for tutoring in schools and colleges, with which we will provide 100 million hours of tuition for five to 19-year-olds by 2024.
[Official Report, 7 June 2022, Vol. 715, c. 737.]
Letter of correction from the Minister for School Standards, the hon. Member for Worcester (Mr Walker):
An error has been identified in my response to the hon. Member for Hornsey and Wood Green (Catherine West).
The correct information should have been:
The £5 billion is a targeted intervention specifically for recovery. I will break it down in a little more detail. It includes £1.5 billion for tutoring in schools and colleges, with which we will provide up to 100 million hours of tuition for five to 19-year-olds by 2024.
We have also introduced tax-free childcare, which provides working parents with up to £2,000 of support to help with childcare costs for children under the age of 12. With universal credit, parents can claim back 85% of eligible childcare costs, compared with 70% under the old system.
[Official Report, 7 June 2022, Vol. 715, c. 745.]
Letter of correction from the Minister for School Standards:
An error has been identified in my speech.
The correct information should have been:
We have also introduced tax-free childcare, which provides working parents with up to £2,000 of support to help with childcare costs for children under the age of 12. With universal credit, parents can claim back up to 85% of eligible childcare costs, compared with 70% under the old system.
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
(2 years, 1 month ago)
Westminster HallWestminster 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
I beg to move,
That this House has considered e-petition 597715, relating to the school week.
It is a pleasure to serve under your chairmanship, Ms Rees. The petition calls on the Government to require schools to introduce a three-day weekend. It argues,
“Children can have lots of stress at school due to exams and homework and with a 3 day weekend, children could have a longer time to relax”.
When we received the petition in Parliament and I saw how fast it attracted more than 100,000 signatures, my first thought was, “What lies underneath this request?”, so I set about finding out We arranged informal discussions with teachers, healthcare professionals and young people to help inform our debate today. One message that came across loud and clear from everyone that I spoke to was the state of our children’s mental health post lockdown. Teachers told us that children are finding it difficult to make it through the school week, and pupils said they found coming to school difficult and struggled to make it all the way to Friday.
From April to September 2021, more than 337,000 under-18s were referred to child and adolescent mental health services. That is up by a staggering 81% from the same three months in 2019. That compares with only an 11% rise in referrals for adults aged 19 and above. It is clear that the pandemic has had a significant impact on our young people’s mental health. One teacher I spoke to, who had worked in some of the most disadvantaged parts of the north-east, said that she had never experienced anything comparable to the pandemic in terms of the ongoing mental health impact on her pupils.
As part of our outreach, the Petitions Committee ran a survey. Most of the young people that responded expressed strong support for a four-day school week as a solution to the stress and anxiety that many face. One said,
“If Fridays were a part of the school weekend, I would feel so relieved and happy as I can get a longer break from…the stress, peer pressure, bullying…and it would allow more ‘me time’ as some call it.”
Another one told us,
“I at one point had to take GP recommended mental health days off from school, I found that on the days I was at school I was more focused, more excited to leam and more positive about my education in general.”
Another found school to be an inherently stressful place and, distressingly, said,
“Right now, when I walk through the gates of school, I get itchy skin and the bottom of my jaw goes bumpy from stress.”
It was heartbreaking to hear some of the anxieties that many children have around going to school. Our schools should be places to learn about the world and to socialise and develop in a variety of ways. That many children have such fear about going to school should be a concern for us all. How much can a child learn if they are stressed and anxious to the degree that some of these young people clearly are?
None the less, I worry that reducing the number of days that children spend in school would not be the right solution. From the conversations I have had, I know I am not the only one. Let me set out the reasons why. I worry that it would not address the root cause of the problems that many students are concerned about: bullying, peer pressure, harassment on social media, or problems keeping up with their school work. I fear it would simply increase the pressure on young people on their remaining days in school. Without wider changes to our education system, children would have to learn the same curriculum and prepare for the same exams, but in less time, with just four schooldays a week instead of five.
I am also acutely aware of the impact that a four-day week would have on the country’s most marginalised children. For some, school is the only place that they get a decent meal, or gives them respite from a difficult situation at home. The idea of taking that away from them fills me with concern, and many teachers share that concern. Although I cannot support moving to a four-day school week, we cannot ignore the petition as a cry for help.
Many children and young people are still recovering from the emotional trauma of the past two years and dealing with the collapse in mental health support. With all the demands of the curriculum, some of the schools they attend are clearly struggling to find the time and support to look after their pupils’ wellbeing. To gather more in-depth evidence, I spoke to a group of year 7s and a group of year 8s at a school in Newcastle. I wanted to hear at first hand what the school week felt like for them, and whether they thought the call for a three-day weekend would help. Their feedback was so helpful, and I am so grateful to all the young people who engaged and contributed so thoughtfully, as well as the staff who helped to facilitate it.
At the beginning of the session, I asked both groups to indicate with a show of hands whether they thought shortening the school week to four days was a good idea. In the year 7 group, every single pupil put their hand up and agreed with the petitioners. Among the year 8s, however, the proposal was not so popular: only about half supported it. At the end of the session, I asked both groups again what they thought. I will tell Members in a moment how their views changed.
What came out most strongly from our discussion was just how tired pupils feel by the end of the school week. Many thought that a four-day week would be a sensible solution, helping them to feel less tired. Others argued that since they were so tired and unproductive by the end of the week, an additional day off would not actually affect their performance at school, because they would have more time to rest and recover and be more productive on their days in school. One pupil just said, “By Friday, I’m so tired.” I am sure many adults would sympathise. Some argued that they had to spend most of Saturday recovering from the school week, and would then do their homework on Sundays, so the two-day weekend did not give them much of a break. One respondent to our survey said,
“Some weekends I can’t even fit homework in which requires me to have to wake up extra early in the morning or stay up extra late at night in order to get it done which leaves me exhausted for the next day. It just feels like a never-ending cycle and that I am drowning in responsibilities.”
Those are the words of a child.
When pupils were asked what they would do with their extra day off, some said they would enjoy enriching activities such as painting and drawing, while others said they would play outside. When challenged, some did admit that they might end up spending more time on their mobile phones, and the teachers we spoke to suspected that late-night phone use and gaming contributes to their tiredness as much as school does. However, I was hugely impressed by how deeply those Newcastle pupils thought about the proposal. As the discussion in the classroom progressed, there was a clear shift in both groups’ views, as they reasoned that increasing the weekend would have a knock-on effect on the school week. There was a realisation that Monday to Thursday would become very intense and rigidly academic: teachers would have to cover the same curriculum in fewer days, and might be forced to drop some of the activities that the children enjoy. Some year 8s said that the need to cram everything into four days would actually cause more stress.
I worry that the proposed four-day week would not address the issues of stress and anxiety, and could actually add to them. We have some evidence of that: while there have been no significant experiments with a four-day week in this country, it has become common in some parts of the United States. The National Conference of State Legislatures has estimated that around 560 districts in 25 states have allowed at least one of their schools to adopt a four-day school week. More than half of those districts are in just four states: Colorado, Montana, Oklahoma and Oregon. However, that shift has not reduced the length of time that pupils spend at school. Teachers have made up for the lost day by adding extra time to other days or, more rarely, shortening the school holidays. As The Colorado Sun reports,
“Since the North Conejos School District switched to a four-day week last year, teachers cut out the chill afternoons when kids would watch movies, the free time that sometimes filled the space between math and art class. It is bell-to-bell learning.”
As it is, schools in this country already find covering the curriculum almost impossible. For example, one of the issues that the Petitions Committee is looking at is that of water safety. Some 277 people in the UK lost their lives in water accidents last year, which campaigners have told us could be prevented with some very basic water safety knowledge. Water safety is part of the school curriculum and is supposed to be taught in every school, but it is just not happening. The teachers we spoke to said that they have to spend a great deal of time helping children to learn social and emotional skills that the education system presumes are already there. One teacher at a disadvantaged primary told us:
“All I’m teaching in Reception is basic parenting”.
If the school week, the curriculum and school funding allowed for more enrichment activities that developed social and other skills, it would make school more fun and less tiring for children and young people; it would help teachers who are feeling overwhelmed, and support better learning outcomes.
Some of the pupils suggested reconfiguring the school week to have more spaced-out breaks. They said it could look something like the French model—although they did not label it as that—where there is time off on Wednesdays to space out breaks a little more, or university, where people get Wednesday afternoons for sport. Others wanted optional clubs on the day off, so they could go into school for half a day and use it for sport and social activities—a bit of breathing space in the middle of the week.
When Alan Shearer, the famous Newcastle footballer, opened the Sport@Gosforth centre at Gosforth Academy, he gave a speech that left quite an impression on me—I hope I am not putting words in his mouth. He said that he did not particularly enjoy the academic side of school, but what got him up every morning and got him there was the promise that he would get to play football. We need to ensure that every child gets to do something they love in school. If they love it, it is generally because they are good at it, and if they are good at it, it builds their confidence in other areas of their education.
Another problem with reducing the school week is that it could disproportionately impact children from more disadvantaged backgrounds, which would exacerbate the existing inequalities in our education system. Parents and carers would be required either to look after their children or find someone else to do so, particularly in the case of younger children, and we know that a lot of families face challenges relating to childcare. One parent told us:
“I know many children rely on school as a lifeline for food, respite from difficult home environments and for childcare for working parents who have low-paid work.”
More than half of pupils who responded to our survey said that they would spend significant time on their extra days off taking part in activities such as music, art or learning another language. Likewise, parents told us that they would pay to supplement their child’s learning through participating in clubs, educational visits, outdoor learning or other lessons. My concern is that children from more disadvantaged backgrounds would miss out on those opportunities because their families have fewer resources. Within schools, children have access to the same learning resources and the same learning environment. Although disadvantage still plays an outsized role in determining educational outcomes, schools are a really important space for trying to level the field—level up, if you like—for every young person.
I am especially concerned about the potential impact on the most disadvantaged, including those with special educational needs and children with extremely difficult home lives. One pupil told us that she would like to have the extra day off, but she worried about her autistic brother because his default behaviour is not to leave the house unless he must. She said that she would go to the park on her extra day off, but an extra day at home for her brother would just be another day with no one to talk to. Although 83% of pupils told us that they would spend Fridays with family, we know from the explosion in post-lockdown safeguarding disclosures that many parents are at work five days a week, so that could add to the challenge of finding childcare and making sure children are safe. For others, home just is not a happy place to be. I worry that less time at school means that more safeguarding would be missed. One teacher told us that for some of her pupils, a school meal is sometimes the only meal they get. She asked:
“If we take that day away from them, are we confident they’re going to get it at home?”
When I asked the pupils what they thought about the four-day week for the second time, after discussing all these issues, the results were quite different. After thinking about it and discussing it, every year 7 pupil who supported it at first was against it in the end. Year 8s, who had been less supportive initially, were even less so by the end, with just one pupil sitting on the fence. If I am honest, I think those young people made the right call.
For the reasons I have outlined, I cannot personally support the petitioners’ call to reduce the school week, but I hope the Minister has heard the case made by the almost 150,000 people, many of whom are young people at school, who signed this petition. I hope he will give their views full and proper consideration when he responds. We have to engage with the concerns that lie beneath the petition.
We have discussed children and young people’s mental health in this House many times, but the virtual collapse of child and adolescent mental health services is the elephant in the room. The number of children and young people on a CAMHS waiting list soared over the pandemic, as I mentioned earlier, but the wheels came off the system long before that. The tragic reality is that more and more young people with incredibly serious mental health issues are being turned away and told they do not meet the required thresholds.
The Guardian reported earlier this year that one actively suicidal child, who had been prevented from jumping off a building earlier that day, was told they could not be assessed by the crisis CAMHS team unless their GP submitted a written request. In another part of the country, a pre-teen boy was found with a ligature in his room, yet the absence of any marks around his neck meant the referral criteria had not been met because it did not appear that he had tried to take his own life. There is not a single CAMHS employee who wants things to stay this way. They care deeply about their services and children and young people’s mental wellbeing. They are trying to do their best with what they have been given, but we need to invest in child mental health services.
I know that the Government do not agree with the petitioners’ call for a four-day school week either, because they have written to say so, but I hope that the Minister will look at this issue. Children and young people face significant challenges as a result of the pandemic. We are now living through a crisis in mental health that cannot be ignored. It is abundantly clear that the support available in schools and the NHS is not sufficient to meet demand. We need a proper plan to change that. We need to fund a full-time member of staff in every secondary school whose job it is to support pupils’ mental health and stop problems escalating. Primary schools must be able to access specialist support in their area. We need an expansion of our mental health workforce and guarantees that in the more severe cases, young people can access timely support for their mental health—within a month at most.
We need not only to treat the symptoms of poor mental health in young people but to address the causes, including an intensely pressurised curriculum that leaves less time to develop other, broader skills and for children to do the things that they love. It is no criticism of teachers and support staff, because they work incredibly hard to deliver a dense curriculum within constrained budgets and timeframes. That is why the system must find the breathing space for children and young people to do a bit more of what they love to give them a spring in their step as they go to school each morning.
As our children recover from the traumatic experience of the last two years, we need to support schools to deliver enriching activities, to build in time for children to socialise and learn new skills, from music, drama and sports to outdoor activities. We have to be able to offer something for everybody in school. If we are genuinely looking to level up and help people to improve their life chances, which surely has to be the purpose of our education system, let us not reduce it to four days: let us make the five more enriching and more fun.
It is a pleasure to serve under your chairship, Ms Rees. I congratulate my hon. Friend the Member for Newcastle upon Tyne North (Catherine McKinnell) on introducing the debate. She spoke powerfully about a number of issues of shared concern: the impact of the pandemic on children’s mental health; the anxiety and stress some children face when they go to school; the need to ensure that school works for everyone; how a four-day week may increase pressure on children, and how a reduction in school days could disadvantage children from poorer backgrounds. I take this opportunity to thank my hon. Friend for engaging, as part of her Committee’s work, with a number of children to understand their views and concerns, including about the solutions to the issues that have been raised.
I understand that the petition was co-ordinated mainly by children, so I want to take a moment to applaud their campaigning efforts and dedication to raising the issues that matter to them. Their voice is not always heard in this place. Unfortunately, on this occasion I cannot give them exactly what they want, but their petition raises some important issues that I would like to address.
First, Labour believes that the best place for children to learn is in a classroom with their friends. Although the impact of the pandemic still looms large on absence rolls and in attainment, the majority of children are now back in the classroom on a regular basis. Given the two and a half school years of unprecedented disruption that pupils experienced, with millions of days of school missed and a lack of access to extracurricular activities, I do not think parents or the wider economy would thank me if the Labour party were to advocate for a shorter school week, which would mean losing a further 38 days per year.
We know that those who spent the most time out of school during the pandemic suffered the greatest disadvantage. We also know from a recent report by the Children’s Commissioner that the majority of children missed their friends and that they value those relationships, which are so important for children’s wellbeing and for honing the skills they will need throughout their lives.
Ministers have announced a 32.5-hour school week as part of their White Paper and subsequent Schools Bill, but that is business as usual for most schools. Eight out of 10 are already delivering it, and the reality is that those that do not are so close that the change will add only minutes.
There are ways that we can enrich the school day without being prescriptive about its length. Both the Education Policy Institute and the Education Endowment Foundation have said that delivering a range of extracurricular activities, from arts and music to academic and pastoral support, should be a critical part of any lost learning recovery plans. As you will be aware, Ms Rees, the Labour Government in Wales are seizing the initiative by running a fully funded national trial that guarantees five hours of enrichment activity for children per week. It may be small in scale but it is big in ambition. Activities include art, music and sport, as well as sessions linked to core academic skills such as reading. The schools involved volunteer to take part in order to support disadvantaged learners and improve access to social and cultural opportunities following the pandemic.
A couple of months ago, I travelled to Neath to visit a school taking part in the trial. Although we arrived as the school day was ending, the halls were buzzing with activity. I met students who had done a cooking class, making spaghetti, cookies, and even pizza in a mug. I met a pupil called Ben, who was carefully sculpting a small clay pot. He eagerly explained that he had never done anything like this before, and around the room a series of other creations were coming to life. Welsh Labour’s investment in children’s futures is filling classrooms with knowledge, creativity and excitement.
For these reasons, extracurricular activities are central to Labour’s recovery plan. Our proposals would deliver a fully funded range of extracurricular clubs and activities to boost time for children to learn, play and socialise after months away from their friends. Labour is prioritising the value and experiences that children get in school. That delivers genuine enrichment in a way that Ministers’ arbitrary clock watching does not.
The petition and the associated survey rightly prioritise the importance of mental health and wellbeing, as my hon. Friend the Member for Newcastle upon Tyne North mentioned. Children and schools increasingly find themselves on the frontline of that silent pandemic. Even before covid, the NHS suggested that as many as one in six children aged between five and 10 suffered from mental ill health, but across England last year three quarters of children were not seen within four weeks of being referred to children’s mental health services. Worse still, over a third of children were turned away from mental health services, despite having a referral from a professional. On this Government’s watch, waiting times have exploded and the availability of treatment has plummeted. That is why Labour’s children’s recovery plan prioritises having a mental health professional delivering quality support for children in every school.
The current school week is also important in the context of childcare—a problem facing many families across the country. Childcare is critical for learning and development, and it is intrinsically linked to our wider economic prosperity, but the cost of living crisis means that parents are increasingly priced out of care. Before the pandemic, children on free school meals arrived at school almost five months behind their peers. Spiralling costs will make that worse.
The average cost of a full-time nursery place for a child under two has risen by almost £1,500 over the last five years. The United Kingdom has one of the highest childcare costs as a proportion of average income; at 29%, we are 19% higher than the OECD average. That is perpetuating a gross inequality that is holding women back. Some 1.7 million are prevented from taking on more hours of paid work due to childcare issues. We lose £28.2 billion in economic output every year as a result. That contributes to the farcical situation in which a young family’s income would actually be higher if they remained on universal credit than if both parents were back in work and paid for childcare. Of course, that is more punitive for single parents.
Changing the length of the school week would mean that those parents would find childcare solutions even more challenging. That is not a cost we can reasonably ask them to bear. We need wider action to tackle the cost of childcare, which was rising even before the cost of living crisis. The latest bright idea—to cut the number of adults looking after groups of children—will likely reduce the quality of provision, and it will likely have no impact on availability or affordability. That is why Labour’s children’s recovery plan includes investment in childcare places for young children on free school meals—and because we know that childcare pressure does not stop when children start school, we would invest in before-school and after-school clubs for children.
I will briefly mention the wider problem of persistent absence, which is urgent. The Children’s Commissioner found that 22% of pupils were persistently absent in autumn 2021. Labour welcomes the long-overdue proposed register of children not in school and wants to see it implemented without further delay, but that treats the symptom and not the cause of the problem. Ministers should properly address post-pandemic learning and development, provide the mental health and wellbeing support that is needed, and show a bit more curiosity about why such a large proportion of those persistently absent are pupils with special educational needs or disabilities and those who are disadvantaged. Addressing the structural challenges that mean those children are not in school should be an important part of the Government’s approach. Fining parents will work in some cases, but many others will see it as a punitive and regressive approach, which could mean that children are lost in the system for good.
Removing a day of school a week is not the solution to challenges that children and parents face. Instead, we must restore the support that children and parents need so that pupils thrive in school. That is Labour’s plan—because, after two and a half school years of disruption, that is exactly what they deserve.
It is a pleasure to serve under your chairmanship, Ms Rees. I thank the hon. Member for Newcastle upon Tyne North (Catherine McKinnell) for the way she opened the debate. It was fantastic to hear about the way she engaged with pupils and students in her constituency, listening to them but also deploying her powers of persuasive reasoning—we have heard them during the debate—to conduct that before-and-after exercise and show that people can be won round to understanding the importance of the school week.
I recognise that a large number of people have signed the petition, which raises a number of important issues. I completely understand how an extended weekend can look, on the surface, very attractive to a lot of people, in particular children in school. However, it is important to recognise how shortening the school week would adversely impact children’s learning, as well as reducing opportunities to socialise and participate in enrichment activities, which I will come to in more detail. This is more crucial than ever in the context of the covid-19 pandemic. Overall, reducing time in school reduces children’s life chances, so the Government have no plans to require schools to close on Fridays.
I will begin by setting out the Government’s long-term vision for pupils’ academic achievements, and the importance of being in school to achieve that. I will then set out some of the work we are doing to maximise time in school and why that is more important than ever as a result of the pandemic, and the challenges that children and young people face when out of school. I will set out the work that my Department is doing to support our children and young people to recover from the pandemic. Finally, I will touch on how spending more time in school can improve children and young people’s mental health and wellbeing, enabling support during more stressful times, such as exams, and providing opportunities for enrichment activities.
I am sure that Members present will agree that schooling is fundamental to a functioning society. School equips children with the knowledge and skills to thrive and flourish later in life. My Department recently set out our overarching vision for the school system in the schools White Paper, “Opportunity for all: strong schools with great teachers for your child”. That included our levelling-up mission for schools. Our aim is for 90% of primary school children to achieve the expected standard in reading, writing and maths by 2030. For secondary schools, our aim is that the national GCSE average grade in both English language and maths will increase from 4.5 in 2019 to 5 by 2030.
School life is at the heart of that ambition. That is why, far from seeking to shorten the school week as the petition proposes, we are committed to delivering a richer, longer average school week that makes the most effective use of time in school and includes not just teaching time but enrichment activities, which will help to ensure that all children enjoy a rounded education. To that end, we recently conducted a review of time in school. That found that additional time in school, if used well, can have a positive impact on pupil outcomes. However, some pupils currently receive less time in school than others, because of differences in opening hours. That shortfall accumulates over time. It is simply unfair that a child who receives 20 minutes less teaching time a day loses out on about two weeks of schooling a year.
That is why, as set out in the White Paper, we have set an expectation that all mainstream state-funded schools should deliver at least a 32.5-hour week as soon as possible, and by September 2023 at the latest. We believe that 32.5 hours is the current average length of the school week. I accept the point made by the hon. Member for Portsmouth South (Stephen Morgan) that many schools are already achieving that. In many respects, that is a good thing; it shows that it can be achieved within what they have. However, by setting that minimum expectation for all schools, we will help to ensure that all children have fairer access to education, regardless of where they live, to help them to achieve their full potential. The new minimum length of the school week also includes break times, thus allowing children more opportunity for socialisation and enrichment activities, which they missed out on too much during the pandemic.
We are encouraging schools to go beyond 32.5 hours where possible. Monega Primary School in east London, where we launched the White Paper, does that by having an earlier start time—8.30 am. That provides pupils with access to 20 minutes a day of intensive reading development. On a weekly basis, that equates to one hour and 40 minutes extra reading time for all the pupils.
By contrast, if schools were to close on Fridays, as the petition proposes, pupils would lose an average of 38 school days in each academic year. Given what I have said about the benefits of time in school, I cannot accept that that would be in the best interests of children, let alone the impact that it would have, as the hon. Member for Newcastle upon Tyne North rightly said, on parents.
The work that we are doing to maximise time in school is more important than ever in the context of the covid-19 pandemic. During lockdown, parents often struggled with home schooling. That brought a new appreciation of the fantastic work that teachers do and the difference that they make in children’s lives. In the national survey by the Children’s Commissioner for England, The Big Ask, we heard from more than half a million children on their impressions of online learning and the return to school. Children spoke out about how much they liked school, and about how much they missed it and their peers while the gates were closed. They described feelings of isolation during lockdown, as well as uncertainty around schooling.
Children also spoke about the importance of education for its own sake. One 11-year-old girl said:
“I really want to learn even if it’s hard because education is important to me”.
Education was seen as particularly important by children who face challenges at school, including children with special educational needs. Overall, 84% of children reported being happy or okay with school life. The report highlights how attendance in school is crucial for pupils’ education, wellbeing and long-term development.
However, the Children’s Commissioner has also expressed her concern that currently we cannot identify where each child is. We have already announced, as part of the Schools Bill, which is currently before Parliament, that local authorities will be required to keep registers of children not in school, so that no child can fall through the cracks in the system. I welcome the support from the hon. Member for Portsmouth South for that. However, I should be clear that we are not legislating on the length of the school week as part of the Bill. That remains a non-statutory expectation for all mainstream state-funded schools.
Continuing to help children to recover from the impact of the pandemic remains one of the Government’s top priorities. Being in school is crucial to ensure that children and young people can receive the support on offer to them. Shortening the current school week would therefore risk jeopardising the strides that children and young people have already made. Our latest pupil progress data, published at the end of March this year, shows that we are seeing some good progress for many pupils. Evidence shows that by autumn 2021, primary pupils had on average recovered about two thirds of the progress lost during the pandemic in reading and about half the progress lost in maths.
However, we know that there is more work to do. We believe that the best way for children and young people to recover from the impact of the pandemic is through investment in what works. That is why we have invested nearly £5 billion to fund a comprehensive recovery package, including targeted extra funding, teacher training, tutoring and extra educational opportunities. Maximising time in school is key to securing the benefits of our recovery package, which includes investing £800 million to increase hours in 16-to-19 education by 40 hours per student per year from September 2022.
The hon. Member for Newcastle upon Tyne North spoke rightly and passionately about mental health. One of the many valuable aspects of being in school is that it can be a crucial contributor to children and young people’s positive mental health and wellbeing, equipping them to stay mentally and physically well into the future.
That is supported by the evidence. Our most recent annual “State of the nation” report collated a range of data to identify trends in children and young people’s mental health and wellbeing recovery over the course of the 2020-21 academic year. The report found that reductions in wellbeing occurred most clearly for both primary and secondary pupils in February 2021, when varied pandemic restrictions were in place, including school closures. The report also found a link, across all groups of children and young people, between regular attendance at school and college and positive wellbeing, highlighting the critical benefits of being in school for wellbeing.
School is also a place where emerging problems can be identified and early support given. Although educational staff are not mental health professionals, they are well placed to observe children and young people day to day and identify those whose behaviour suggests that they may be experiencing a mental health issue. We have put in place a wide range of training and guidance to help educational staff to identify and understand mental health issues, and to know how to respond effectively. Our recent £15 million wellbeing for education recovery and return programmes provided free training, support and resources for staff dealing with children and young people experiencing the additional pressures of covid-19 and other events, including trauma, anxiety or grief. Around 14,000 schools and colleges across the country benefited from this support, which was delivered through local authorities.
We have also recently confirmed an additional £10 million in grants to extend senior mental health lead training to even more schools and colleges, which means the training will be offered to two thirds of all state schools and colleges by March 2023, and to all state schools and colleges by 2025. However, I hear the concerns that the hon. Member for Newcastle upon Tyne North raised about CAMHS, and I will continue to work with health colleagues to try to ensure that they are addressed.
I am grateful that the Minister acknowledges the concerns that I raised. The training he talks about is obviously welcome. Any teacher or education professional would be grateful for the opportunity to identify challenges. What they need, though, is people—experts—they can refer children to, who can then work with them and support them. That must be a priority for the Government, given the explosion in necessary referrals post-pandemic.
I absolutely acknowledge that point. My health colleagues would say that it is a priority for the Government, but I accept that there is more work to do on that front.
The petition mentions exams and homework as particular sources of stress and anxiety for children and young people. This Government believe that exams and other assessments are an essential part of ensuring that young people have acquired the knowledge and skills they need to succeed in further study and in later life. Exams are the fairest way of judging pupils’ performance, and we know that preparing for them can be motivating for pupils and can consolidate learning. However, we are keenly aware that exams have the potential to exacerbate feelings of anxiety and stress among some young people. That is why it is important that schools are clear that, although pupils should be encouraged to work hard and achieve well, that should not be at the expense of their wellbeing.
Schools and colleges should be able to identify signs of exam-related stress whenever it emerges and be in a position to respond appropriately. Teachers are best placed to work with pupils and their families to respond to signs of stress and access appropriate support.
Like exams, we believe that homework is an important part of a good education. Schools have the autonomy to decide whether to set homework and how much of it their pupils must do. Homework that is planned by teachers is an integral part of their curriculum and gives pupils the opportunity to practise and reinforce what they have been taught in class, helping them to consolidate and extend the knowledge and understanding they have acquired. Homework also enables teachers to check pupils’ understanding systematically, to identify misconceptions accurately and to provide clear, direct feedback. I heard hon. Lady’s concerns about children working late into the night and sacrificing parts of their weekend. Clearly, that would be an excessive approach. We want schools to carefully balance study with time to rest and recuperate.
The hon. Lady said, quite rightly, that schools should be fun places that allow children to do more of what they love. Another reason why children being in school is so important is the enrichment support on offer. We know that participation in enrichment activities, which can support wellbeing, fell during the pandemic. The longer, richer school week proposed in the schools White Paper will help to ensure that all pupils have the chance to enjoy a wide range of experiences. We are developing guidance to support schools to develop a varied and high-quality enrichment offer. Inspiration Trust in Norfolk and north Suffolk is an example of a trust that extends the school week beyond 32.5 hours for all of its secondary schools. The schools ensure that all additional enrichment sessions are timetabled and mandatory, which ensures equality of participation by pupils from all socioeconomic backgrounds.
Cultural education, which includes arts, music and heritage, is a vital part of school activity. We support this via the curriculum first and foremost, with arts and music being part of the national curriculum, but we also want all schools to offer co-curricular and extracurricular activity in those areas. Cultural education is important for the enjoyment that these subjects bring in and of themselves, for academic progress, for wellbeing, and for increasing life chances and career opportunities in our outstanding cultural and creative sectors and in wider employment. Our newly published national plan for music education, and next year’s cultural education plan, will help to identify opportunities for schools.
I was pleased to announce on Saturday the national plan for music education, which was co-published by the Department for Education and the Department for Digital, Culture, Media and Sport. The plan sets out our vision to enable all children and young people to learn to sing, play an instrument and create music together, and to have the opportunity to progress their musical interests and talents, including professionally. The plan confirms the Government’s continued commitment to music education and includes £25 million of new capital to purchase hundreds of thousands of musical instruments and pieces of equipment, including adaptive instruments for pupils with special educational needs and disabilities. The plan sets out clear guidance to schools to provide timetabled curriculum music of at least one hour a week for children in key stages 1 to 3, as well as opportunities outside lesson plans to learn how to sing and play instruments, and to play and sing together in ensembles and choirs. We have also committed £79 million of funding over three years for music hubs to support schools and others to deliver high-quality music education.
Physical education, school sport and physical activity are also an extremely important part of school life. All children and young people should have the opportunity to live healthy, active lives, which begins with high-quality PE lessons, opportunities to experience a range of sports, and ensuring that children meet the chief medical officer’s recommendation of 60 active minutes a day, of which 30 minutes should be within the school day.
The hon. Member for Newcastle upon Tyne North mentioned the inspirational figure of Alan Shearer and how football motivated him to go to school. That is one of the reasons why in October 2021 the Government announced nearly £30 million of funding a year towards improving and opening up school sport facilities in England, as well as improving the teaching of PE at primary schools. It is also why we confirmed on Saturday that the £320 million primary PE and sport premium will continue for the 2022-23 academic year, to support primary schools to improve the quality of their PE, sport and physical activity.
Finally, it is important to acknowledge the serious impact that the proposal to have a four-day school week would have on working parents, particularly those with younger children, for whom childcare arrangements would need to be put in place on Fridays. The hon. Member for Newcastle upon Tyne North spoke very well about this issue in her speech and has also raised it in other debates recently. It would be a significant additional cost for many parents, many of whom are already struggling with the cost of living.
I am grateful to hon. Member for providing an opportunity to debate this important issue. It is heartening to see that so many children are invested in talking about their education, but I think we are in agreement on the outcome of the petition. At the heart of the Government’s vision is ensuring that every child and young person can fulfil their potential. The steps we have taken to maximise time in school are key to achieving that mission, but we do not want to reduce opportunities for young people to be in school. Therefore, we have no plans to remove Friday from the school week.
I thank the Minister for his thorough response. I think it is safe to say we all agree that it would not be in the best interests of every child to reduce the school week to four days, but I do not think that diminishes the cause of the petition, the voices that have been heard today, or what I interpreted as a cry for help from young people.
We are at quite a unique time in history—one that we should not ignore. We must not plough on as though nothing has changed, because young people are asking us to recognise that things have changed. The covid pandemic has changed many aspects of our lives. As adults, we have adapted many working practices and the way we do things. Many people have reassessed their lives, their priorities, how they want to spend their time, and what they want to live for. Young people have done the same. I do not think the petition is young people saying that they do not want to be educated. I think it is young people saying that they do not want to feel the enormous crushing pressure that many now feel at school.
I wanted to see how well our education system is performing in comparison with other systems around the world—I looked at this when I was a member of the Education Committee—and I saw an alarming statistic. We perform very highly on one metric: we are in the top five in the world for the number of girls who feel a crushing fear of failure and high levels of anxiety. It is right that the OECD measures those things—not just educational output, but how young people feel and their experience and wellbeing in school.
Everything the Minister has outlined in terms of ensuring that we enrich the school day is positive and encouraging, but it is important that we do not fall down the warren of quantity over quality. We have to ensure that children’s wellbeing is catered for as well as their educational attainment during the time that they spend in school. That is the real challenge for Government.
We cannot ignore the glaring challenge of mental health. There is a general issue that many young people are grappling with: the social media world. Many of us did not grow up with social media; it did not exist when we were at school, but it is something every young person now grows up with. They now have to find a way through that world, managing their mental health and living an online and a real-world existence while juggling their education.
Fundamentally, we cannot ignore the pandemic and pretend it did not happen. It has had a significant impact on our children and young people. We need that additional investment now to meet some of the challenges that have emerged for this cohort of young people who were incredibly isolated. Of course other groups in society were isolated as well, but it was so unnatural for children to be put in that situation of being away from their friends, family and everything they love. The long-term implications are significant. We should put in place the investment needed to support children through this period and to provide support generally with mental health and wellbeing. We should prioritise that support as much as educational outcomes in the way we assess schools and their performance. We have to prioritise happiness and wellbeing, because, ultimately, that is how we will get better educational outcomes. If we have happy, well-balanced and mentally well children, they will perform better at school. We just have to ensure we have the resources in place.
I commend the petitioners and everyone who signed the petition. I appreciate that children may be disappointed they are not getting a four-day week at the end of this debate. Hopefully, what they will be getting is a richer, happier and more well-rounded five days at school that will help them to really fulfil their potential, wherever they might be in this country.
Question put and agreed to.
Resolved,
That this House has considered e-petition 597715, relating to the school week.
(2 years, 1 month ago)
Written StatementsOn Friday 24 June, I published a review of the UK’s anti-money laundering and countering the financing of terrorism (AML/CFT) regulatory and supervisory regime. This included statutory post-implementation reviews for the Money Laundering, Terrorist Financing, and Transfer of Funds (Information of the Payer) Regulations 2017 (SI 2017/692) and the Oversight of Professional Body Anti-Money Laundering and Counter Terrorist Financing Supervision Regulations 2017 (SI 2017/1301) and the review of the UK’s AML/CFT regulatory and supervisory regime; a forward looking report which includes the Government’s response to the call for evidence launched last year.
Taken together, these three documents make a thorough assessment of the UK’s money laundering controls and outline areas of focus going forward, including commitment from the Government to consult on some key proposals for change.
Tackling economic crime and illicit finance remains a priority for this Government, to protect the UK economy and fight crime on a domestic and international level.
Alongside the review the Government have continued to deliver progress across their economic crime agenda, including the Economic Crime (Transparency and Enforcement) Act 2022, which introduces key reforms to beneficial ownership registers and enhances the unexplained wealth orders and sanctions regimes. On 15 June, HM Treasury also laid the Money Laundering and Terrorist Financing (Amendment) (No. 2) Regulations 2022 before Parliament under the draft affirmative procedure. This legislation makes some time-sensitive updates to the Money Laundering Regulations, which are required to ensure that the UK continues to meet international standards, while also strengthening and ensuring clarity on how the UK’s anti-money laundering regime operates.
The review published on Friday proposes further areas of possible reform, most notably in how firms are supervised for anti-money laundering purposes where, despite progress since 2017, there is further to go to ensure that supervision is effective and consistent across all regulated firms. The review also commits to consult on some smaller changes to the regulations, where black-and-white inherited EU rules prevent the UK from taking a more risk-based approach to prevention. This includes looking at the enhanced due diligence required for domestic politically exposed persons. If the risks around domestic PEPs are found to be sufficiently low, the Government will consider changing the MLRs such that EDD and the additional requirements in Regulation 35 are not automatically required on domestic PEPs, but instead only triggered when there are other high-risk factors also present.
This review represents only part of the cross-cutting action that the Government are taking to progress the economic crime agenda, including the second public-private economic crime plan which is due to be published later this year and the upcoming Economic Crime and Corporate Transparency Bill, which will reform Companies House to further crack down on abuse of corporate structures.
The review is published on: https://www.gov.uk/government/publications/review-of-the-uks-amlcft-regulatory-and-supervisory-regime.
The post-implementation reviews will also be published alongside the regulations on Legislation.gov.uk.
[HCWS139]
(2 years, 1 month ago)
Written StatementsAs part of our continued commitment to open up travel, on 23 June, the Government extended the International NHS covid pass letter service to allow children aged five to 11 years to get an International NHS covid pass following a positive NHS PCR test or equivalent within the past 180 days—recovery status. Prior to 23 June, children aged five to 11 could only access an international NHS covid pass if they had received a full primary course of covid-19 vaccination.
Extending access to the International NHS covid pass to children aged five to 11 with recovery status will save families the cost of testing in countries where this is required for foreign travel and ensures that young children are able to provide proof of their covid-19 status on a par with the rest of the population. The UK has no covid certification requirements and this is to support outbound travel to a variety of countries that still have requirements.
A person with parental responsibility for the child—such as the parent or guardian—will be able to request the letter online via the NHS website or by calling 119. The letter will only be sent to the address on the child’s GP record.
This service is now available for children aged five to 11 resident in England and Wales. A letter based on recovery status is not available in the Isle of Man. In Northern Ireland, parents or guardians of children aged five to 11 have been able to request a digital or printed covid certificate on behalf of a dependant since January 2022. The COVIDCert NI app was updated in March 2022, to allow all those under 16 to upload the certificate—requested on their behalf—to display on the app. Anyone under 16 who tested positive for covid through an NHS PCR test prior to 1 May is able to request a recovery certificate in Scotland by phoning the covid status helpline on: 0808 196 8565.
[HCWS140]
(2 years, 1 month ago)
Written StatementsLeaving the European Union has provided a unique opportunity for the United Kingdom to improve the medical device regulatory regime and exercise our new powers as a sovereign regulator, creating a world-leading regime that prioritises patient safety while supporting innovation within the UK MedTech sector. To deliver this ambition and gather views of patients, industry and the healthcare sector, the Government published a consultation on the future UK medical device regulations, “Consultation on the future regulation of medical devices in the United Kingdom”, which is available at: https://www.gov.uk/government/consultations/consultation-on-the-future-regulation-of-medical-devices-in-the-united-kingdom, on 16 September 2021. We received 900 responses and I am grateful to all those who have taken the time to respond to the consultation.
Officials at the Medicines and Healthcare products Regulatory Agency (MHRA) have analysed the consultation responses and have worked with officials within my Department and the Office of Life Sciences to develop the Government response. The response outlines changes that will support innovation within the UK’s life sciences sector and access to medical devices, for example through improving the regulation of novel and growing areas such as artificial intelligence and offering alternative routes to market. This will help to facilitate greater opportunities for small and medium enterprises to capture real world evidence to support the conformity assessment process with the proportionate regulatory oversight, an opportunity which has not existed previously.
The Government are committed to cementing our status as a science superpower by making the UK the leading global hub for life sciences, and the response to the public consultation outlines polices that will help to achieve this.
As part of this consultation, the MHRA received strong support for proposals that will improve patient safety and safeguard public health, for example, through modernising the scope and classification rules of medical devices to deliver improvements in the safety of all medical devices. It also raised points around identified inequities within clinical investigations. I appointed Dame Margaret Whitehead to conduct a review into the potential issues related to equity in the design and use of medical devices and I am pleased that the MHRA will look to address these points within the regulations and supplementary guidance to support this review.
The new transitional measures outlined in the response will be implemented to support continued access to safe medical devices to UK patients, whilst providing time for industry and the healthcare sector to prepare for the transition. In fact, the UK Government are committed to building the UK Conformity Assessed (UKCA) marking as a global exemplar, and it is vital that the necessary building blocks are in place to ensure that the UK market remains an attractive and favourable place to innovate and do business for the benefit of patients and carers. A phased transition into the new regime is critical to its success.
The Government’s response to the consultation will be published on gov.uk today and I will deposit a copy of the response in the Libraries of both Houses.
[HCWS142]
(2 years, 1 month ago)
Written StatementsI have published the draft Mental Health Bill today for pre-legislative scrutiny and delivered an oral statement to the house.
The draft Bill will enable the Government to deliver on two manifesto commitments:
to ensure that patients suffering from mental health conditions have greater control over their treatment and receive the dignity and respect they deserve; and,
to make it easier for people with learning disabilities and autism to be discharged from hospital
It contains provisions to increase the autonomy and dignity of people who need inpatient support for their mental health, including people subject to the criminal justice system. These reforms are intended to benefit everyone who may be subject to the Mental Health Act, and to address the racial disparities associated with its use.
The draft Bill is also intended to limit the extent to which people with learning disability and autistic people may be made subject to the Mental Health Act, while ensuring adequate community care and support is available for people with these conditions.
The draft Bill heralds a major step change in the rights available to people who may be made subject to the Act. Furthermore, they represent a significant step forward in the Government’s work to respond to the recommendations made by Sir Simon Wessely’s independent review of the Act.
The draft Bill will cover England and Wales.
We look forward to working openly with the committee to ensure that this important Bill is developed with input from stakeholders and all interested parties. This is a once in a generation chance to develop the Mental Health Act to ensure the autonomy and dignity of people who need inpatient support for their mental health.
[HCWS141]
(2 years, 1 month ago)
Written StatementsOn 10 February 2021, the Department announced a Government-backed professional indemnity insurance (PII) scheme for competent fire safety professionals undertaking EWS1 assessments.
Today, I am very pleased to announce that under new arrangements, we will provide state-backing to a selected insurer who will be administering insurance policies to qualified professionals. The scheme will launch in September 2022, enabling competent professionals to access the indemnity cover they need to undertake external wall assessments.
To offer EWS1 professional indemnity insurance to competent assessors, my department must accept an unlimited contingent liability, with the Government Actuary’s Department (GAD) making a best estimate of expected losses as circa £100 million.
The contingent liability being claimed is unlimited because there is no theoretical cap on the size of claims that could be made. However, the risk is limited by the number of buildings, and number of EWS1 assessments. To further mitigate this risk, we will only be offering professional indemnity insurance cover for accredited professionals who have the requisite training, expertise and knowledge to undertake the EWS1 assessment. In addition, completed EWS1 assessments will be subject to an audit process to ensure they are being completed accurately with due process being followed.
The cost of the scheme, including the expected losses, will be offset in full through premiums: EWS1 assessors will be required to purchase PII policies for any EWS1 assessments they complete, with the funds gathered being accumulated and subsequently used to pay out any insurance claims successfully made against the assessors. In this way, the scheme will operate as fiscally neutral for Government.
The Treasury has approved the proposal. My department will keep Parliament informed of any expected changes to this contingent liability on a regular basis.
A departmental minute has been laid in the House of Commons providing more detail on this contingent liability.
[HCWS143]
(2 years, 1 month ago)
Written StatementsFollowing my statement to the House on 25 February, I am updating the House on a short extension of the current Transport for London (TfL) funding settlement that was due to expire on 24 June 2022, by 19 days, to 13 July. This has been agreed by the Mayor of London.
Since the start of the pandemic, we have supported the transport network in London with nearly £5 billion funding through extraordinary funding settlements for Transport for London. We have recognised the reliance of London’s transport network on fare revenue, and Government continue our commitment to mitigating loss of fare revenue because of the pandemic.
This extension to the current funding settlement is necessary in part due to the unsatisfactory progress made by TfL on its conditions, including pensions. Resolving these issues is an integral part of setting TfL on the path to financial sustainability, and Government stand ready to engage constructively to reach a resolution. This extension ensures that they receive due attention, as well as allowing time for both sides to consider a longer-term capital settlement.
Government are committed to supporting London’s transport network as we have since the start of the pandemic, and is in discussions with TfL on a longer-term settlement. By rolling over the provisions of the existing agreement, the extension provides continued support to Transport for London and certainty to Londoners while we work with Transport for London on their emergency funding needs.
Support to Transport for London has always been on the condition that Transport for London reaches financial sustainability as soon as possible and with a target date of April 2023. Government continue to press the Mayor of London and Transport for London to take the decisions needed to put the organisation on a sustainable footing. I will update the House at my earliest opportunity on the details of any longer-term capital settlement.
[HCWS138]
(2 years, 1 month ago)
Written StatementsGovernment will shortly lay before Parliament two statutory instruments: the Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2022, and the Liability of Trade Unions in Proceedings in Tort (Increase of Limits on Damages) Order 2022.
Removal of regulation 7 of the Conduct Regulations 2003
The recruitment sector is regulated by the Employment Agencies Act 1973 and the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (“the Conduct Regulations”). Regulation 7 of the Conduct Regulations makes it a criminal offence for an employment business to knowingly—or having reasonably grounds for knowing—provide temporary workers to an employer to perform the duties of workers taking part in an official strike or other industrial action.
Repealing these burdensome legal restrictions, will give businesses impacted by strike action the freedom to tap into the services of employment businesses who can provide skilled, temporary agency staff at short notice to temporarily cover essential roles for the duration of the strikes.
We believe the changes we are making will help mitigate the impact of future strikes, such as those seen on our railways last week, by allowing trained, temporary workers to carry out crucial roles to keep trains moving. The change in law, which will apply across all sectors, is designed to minimise the negative and unfair impact of strikes on the British public by ensuring that businesses and services can continue operating. For example, strikes in public services such as education can often mean parents have to stay at home with their children rather than go to work, or rail sector strikes stopping commuters getting to work or to other businesses.
It should be noted that removing this regulation does not put in place any new barriers on an individual’s right to take part in lawful industrial action. Employment Businesses will not be required to supply agency workers to businesses, rather the change that we are making simply provides the freedom to do so should they wish to. Similarly, a key part of our protections for agency workers is that they cannot be compelled to take on assignments and removing this regulation does not alter existing health and safety requirements.
Increase to the damages cap for unlawful strikes
When they are considering legal claims against unions which organise or authorise unlawful strikes, employers may decide to bring a claim for damages against the union. The Trade Union and Labour Relations (Consolidation) Act 1992 sets the upper limits to the damages that can be awarded based on the size of the union that organised the unlawful strike action. The levels of damages have not been reviewed since 1982 and are significantly out of date.
Increases the existing caps for damages awarded against trade unions for organising unlawful strike action in line with inflation, using the Retail Price Index (RPI) as the measure of inflation.
Unions who comply with the statutory balloting framework and wider trade union legislation will be unaffected by this change. This statutory instrument does not affect the right to strike. So long as unions follow the law, they will continue to be protected from damages claims as they are now.
The Government are simply increasing the damages caps for unlawful strike action to broadly the levels they would have been at, had they been updated regularly since 1982.
[HCWS137]
My Lords, in the unlikely event that there is a Division in the Chamber while we are sitting, the Committee will adjourn as soon as the Division Bells are rung and resume after 10 minutes.
That the Grand Committee takes note of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, laid before the House on 17 May.
Relevant document: 2nd Report from the International Agreements Committee (special attention drawn to the instrument)
My Lords, in moving this take-note debate, I say first on a personal level how welcome it is, as we will hear shortly from the Government, for the Government to praise and table for ratification anything containing the word “Europe”, in particular something emanating from the Council of Europe.
There cannot be a single Brit, let alone Member of your Lordships’ House, who does not feel justifiably proud of the role our country played in the creation and work of the Council of Europe in promoting human rights across a continent previously divided by wars and the denial of human rights. I always feel a particular affinity with the council, because it was created in the year of my birth—although I think it has aged rather better than I have—and because of my father’s role as, literally, a foot soldier in the war, the outcome of which led to the determination never again to allow basic human rights to be trampled by the very state whose purpose should be to protect all its citizens. It is for this reason—besides keeping an eye on rogue states—that an international body is needed, since, sadly, we cannot always rely on Governments to respect this most fundamental duty. It is thus right that Russia has, since March, been removed from the Council of Europe.
I also say, on my behalf and not on behalf of the committee, which has not discussed this, how wrong it is for this Government to introduce legislation, a so-called Bill of Rights, that would actually diminish rights and potentially breach our obligations under the European Convention on Human Rights. Claiming to be above the law of civilised nations not just threatens our citizens but harms our standing on the world stage.
But that was a personal statement. I turn to the Convention on Preventing and Combating Violence Against Women and Domestic Violence. First, I thank the members of the committee for their work on this. Two of them—the noble Lord, Lord Udny-Lister, and the noble Earl, Lord Sandwich—will speak shortly. I pay particular tribute to our legal adviser, Alex Horne, and our very able and capable clerk, Jennifer Martin-Kohlmorgen, who happens to be in the Room today, albeit wearing another hat. We are delighted that she is here and for all the work she does for our committee.
I will say two things on the convention: one very positive and one rather more negative, I am afraid. I will start on the positive. We are delighted that, 10 years on from the very month when the Government signed the convention, they have finally tabled it for ratification—not a moment too soon. I pay tribute to my noble friend Lady Gale, who has done probably more than anyone else in the House to keep pressure on the Government to make this move. It was she who sponsored what became the Preventing and Combating Violence Against Women and Domestic Violence (Ratification of Convention) Act 2017, requiring the Government to keep returning to explain why they had failed to ratify the deal. Perhaps, as someone who has known my noble friend Lady Gale for many a long year, I should have warned the Government never to take her on. Whenever she wants something, believe me, she gets it.
The reason why she pushed for earlier ratification was because the convention is good for women. It is about preventing violence, protecting women via training, safe custody or similar, prosecuting perpetrators, supporting victims and eliminating discrimination. What is not to like?
The International Agreements Committee welcomes ratification, even though it is a little late. But—it is a big but, and the negative that I must raise—the committee is deeply concerned about the reservation that the Government have added, to the detriment, as we see it, of the rights of migrant women. The exception the Government want affects a particular group of vulnerable victims of domestic abuse: those whose immigration status relies on that of their partner, in cases where it is the partner who is the perpetrator. These women have no independent right to reside here, and are thus faced with an unenviable choice: stay with the perpetrator—“Sleeping with the Enemy” is the film that comes to mind—and be able to remain in the country, or leave the perpetrator and lose her residency status. That is a choice that no woman should have to make; it is one the convention says she should not have to make, but our Government are opting out of the provision which would grant such victims the ability to get residency rights in certain circumstances.
The Government have given no reason for this opt-out. Indeed, they are close to misleading the House by saying that they are opting out because they are awaiting the results of a pilot, due this week, on the provision of support for migrant women victims. Although access to, for example, a refuge, might be important, what is much more important—and affects many more people—is that they could have to leave the country and perhaps leave their children, because leaving their partner means that they lose their right to live here.
As we know, it is only a minority of domestic abuse victims who need a refuge; many will simply move away from their partner to friends, family or to rent somewhere themselves. But for this group of abused women, even if they have the friends, family or resources to leave their partner, they risk deportation for the very act of leaving. This reinforces the power of the perpetrator and increases the risk faced by migrant victims. It flies in the face of the advice and expertise of the specialist led-by-and-for black and minority women’s organisations. More than 80 such organisations wrote to the Home Secretary about denying Article 59 protection, which would otherwise require the UK to grant residence to victims whose immigration status depended on their abusive partner, in certain circumstances.
The reservation flies in the face of the spirit of the convention, which is based on the principles of equality and non-discrimination. The opt-out cannot be right. Not only have the Government failed to explain why this protection is not needed for this group of victims but they have given no indication of when they will review or lift the reservation, or on what grounds they would refuse to lift it. We welcome the Minister filling this unenviable position at very short notice. I hope that he will have had time to find some good reasons to give the Committee when he comes to reply.
I raise one further point about the Government’s second reservation, or opt-out. The convention states that signatories may not apply a dual criminality requirement for certain offences, including sexual violence, forced marriage, female genital mutilation and forced abortion and sterilisation. However, the Government are entering a reservation which would retain the dual criminality requirement for sexual violence, forced abortion and sterilisation. The Explanatory Memorandum gives no explanation as to why these should remain subject to dual criminality, beyond the statement, which does not really make sense, that they tend to be crimes elsewhere. Again, could the Minister explain why the Government have selected these particular issues for such a carve-out?
I stress that, for the moment, we welcome that the Government signed this ground-breaking convention and that it is now being brought before us for ratification. However, we are at a loss as to why the Government should further lower their standing in the international community with this reservation, which is, of course, known to all the signatories. It will be very evident that they are failing to stand up for a particular group of migrant women suffering domestic violence. I beg to move.
My Lords, it has been just over 10 years since the UK signed the convention, and I welcome the Government’s announcement that it should finally be ratified by the end of July this year. I thank the Home Secretary, the many Ministers across government who have been involved, and Nimco Ali, the independent government adviser on tackling violence against women and girls, for getting us to this position. I join the noble Baroness, Lady Hayter, in thanking the noble Baroness, Lady Gale, for her tenacious work in pushing the Government to ratification.
I also take this opportunity to commend President Zelensky of Ukraine. Despite everything that is happening in his country, last Tuesday he signed into law a Bill ratifying the Istanbul convention. As he said when signing:
“Its main content is simple, but extremely important. It is a commitment to protect women from violence and various forms of discrimination.”
Like the noble Baroness, Lady Hayter, and, no doubt, other noble Lords, I have questions about the reservations on Articles 44 and 59. My noble friend the Minister will have seen the correspondence from 80 organisations working with and for women, to which the noble Baroness, Lady Hayter, referred. There are concerns that placing these reservations, particularly on Article 59, risks the creation of a two-tier system, whereby migrant women are given a lesser status and fewer protections from violence, and that it may reinforce the power of the perpetrators and increase the risk faced by migrant survivors—all this while migrant women survivors already face additional obstacles to accessing support and justice.
I understand that the Government’s position on Article 59 is under review, pending the results of the pilot. I would welcome an update from my noble friend the Minister on this review, as well as a response to the argument that the pilot has no clear link with the article in question.
The reservation on Article 44 would appear to mean that women who are subjected to some offences abroad by a UK resident who is not a UK national will not be able to seek prosecution in the UK unless those offences are also crimes in the country where they happened. This appears to leave open a loophole that will prevent women securing justice. I would be interested in my noble friend the Minister’s explanation as to why this reservation should remain.
My second area of questions relates to the purpose of the convention to promote international co-operation with a view to eliminating violence against women and domestic violence. The UK has a proud history of working with international partners on ending violence against women and girls, including the then Department for International Development’s ground-breaking What Works to Prevent Violence programme, which I am pleased to hear will continue in some form.
Many of us are looking forward to the FCDO’s women and girls strategy. Can my noble friend the Minister tell us when this will be published? Given the role that the UK has played previously to end violence against women and girls around the world, I very much welcome the Foreign Secretary’s commitment to restore funding to women and girls to pre-cuts levels. We have been given a figure of £745 million for this, which is significantly less than the total amount spent on principal and significant investment in gender equality that was cut. Can my noble friend the Minister explain how this figure was reached? I appreciate that these issues are outside his department, so I would be happy for him to follow up in writing.
The Istanbul convention is the first instrument in Europe to set legally binding standards specifically to prevent gender-based violence, protect victims of violence and punish perpetrators. In these troubling times, when we are seeing the frightening rollback of the rights of women and girls in the United States, Afghanistan and elsewhere, the prevention, protection and punishment that the convention provides are more important than ever.
My noble friend will be well aware of the scale of violence against women in this country, and that those rates greatly increased during the pandemic. The UK needs a long-term, practical and targeted approach to ending violence against women in all its forms, and the Istanbul convention offers such an approach. I very much welcome the Government’s move to ratify the convention, and I look forward to my noble friend the Minister’s response.
My Lords, I too thank the noble Baroness, Lady Hayter, for securing this Motion for debate and for the work of her committee. I also welcome and strongly support her personal statement in relation to Europe and the rule of law. It is of course deeply shocking that we face such appalling conflict in Europe once again. We are already discovering how especially vulnerable women and girls are in conflict. Rape is, yet again, being used as a weapon of war.
We signed up to the Istanbul convention in 2012, yet it has taken a decade for the UK to ratify it. It is astonishing how long that has taken. Why did it take so long? The noble Baroness, Lady Hayter, was very gentle here, maybe as the chair of her committee. After all, in 2012 we had a very successful conference on preventing violence against women in conflict led by the then Foreign Secretary, the noble Lord, Lord Hague. In our development programmes, as the noble Baroness, Lady Sugg, indicated, we have fought long and hard to protect women against violence. The Home Secretary says that we have most of what the convention says in UK law anyway. So why the delay?
How can anyone doubt the importance of this issue? We know that economically in most of the world, if not all, women are and long have been second-class citizens, which has contributed to a sense that violence against women is acceptable. I recall that, when I was in DfID, we supported research carried out by the South African Medical Research Council into how to counter violence against women. The Medical Research Council in the United Kingdom might not have seen this as within its own scope, but the South African equivalent rightly identified that it could not combat HIV/AIDs effectively when, for example, simply getting married was a risk factor for women, if it did not counter entrenched views of the inferiority of women, and acceptance and even condoning of violence against them.
It has long been held that maybe one-third of women globally have been or are subject to violence. Given the difficulty of eliciting accurate information, it is likely that that figure is higher. The research funded with the South African Medical Research Council in a neighbouring state reported that around 80% of women reported that they had suffered violence. That is striking. But what I found even more striking was that over 60% of men surveyed agreed that they had meted out such violence against their female partners. That means that they and their society saw this as acceptable. If you were to undertake such a survey in the United Kingdom, I am sure the numbers would be lower because of shame on both sides.
Making clear that violence against women and girls is seen as absolutely unacceptable has to be the first step in protection. As we have heard, the Istanbul convention was created to help to prevent and combat such violence. Amnesty International calls it “the gold standard” and states that it
“can save the lives of millions of women and girls.”
That we are not ratifying it in its entirety implies that we do not think the UK can or should reach that gold standard.
The convention sets out minimum standards for Governments in Europe on prevention, protection and prosecution of violence against women and domestic violence. It includes obligations for states to set up protection and support services to respond to violence against women, such as an adequate number of shelters, rape crisis centres, free 24/7 helplines, and psychological counselling and medical care for survivors of violence. It also calls on the authorities to ensure education on gender equality, sexuality and healthy relationships. Michael Gove’s misplaced acceptance of the arguments of those who resisted sex education in schools as promoting sex among underage children—a policy that was finally reversed much later, and which might have helped protect some girls who are now protesting about #MeToo—stood in the way of ratifying this treaty earlier. Yet Ireland felt able to ratify it in 2019.
The treaty offers protection to all women and girls without discrimination, to ensure no one is left behind. That is in line with our also signing up to the sustainable development goals, which apply in the United Kingdom as much as they do in the poorest countries globally.
The convention has specific provisions for refugee and migrant women and girls, as we have heard, introducing the possibility of granting migrant women who are survivors of domestic violence an autonomous residence permit when their residence status depends on that of their abusive partner. It also requests Governments to recognise gender-based violence against women as a form of persecution within the meaning of the 1951 refugee convention. One can see why this particular Home Secretary might have been wary. What is more, the convention recognises that at the heart of things there is inequality, and that Governments should therefore put in place measures to change attitudes that result in individuals and societies condoning or accepting violence against women.
There have been allegations that the convention undermines the notion of the “traditional family”. Parliaments in Slovakia, Hungary and Bulgaria have argued that they should not need to ratify the convention. As many will know, Turkey has actually pulled out of it, saying that it is
“incompatible with Turkey’s social and family values.”
Were we really wanting to align ourselves with such positions? Yet we have made two reservations to our ratification of the treaty, as the noble Baroness, Lady Hayter, has explained. She has outlined very clearly the view of the Select Committee. I am very glad that the committee has examined what is happening here.
On dual criminality, the Government accept that crimes such as FGM or forced marriage can be subject to UK law, even if they are not illegal in the country where these are carried out. How can the Home Secretary seem to conclude, for example, that rape should not be included here? Precisely which forms of violence against women and girls do we approve of? In relation to the migrant victims’ scheme, she says that it is under review. They have had long enough to consider this, as the noble Baroness, Lady Hayter, made clear. Again, are we designating certain women as second-class and saying that what happens to migrant women does not matter? The Select Committee concludes that it does not see a justification for the reservation in relation to women migrants. The noble Baroness explained very clearly why it concluded this. Is the Home Secretary really saying that she has no concern for migrants who have been or are subject to domestic violence?
At the request particularly of my noble friend Lady Hamwee, who would have liked to have contributed today but was unable to do so, can the Minister tell me, possibly afterwards, what representations the office of Nicole Jacobs, the Domestic Abuse Commissioner, has made on the UK’s ratification of the Istanbul convention, including on any exclusions?
There was never a justification for the delay in ratifying the convention, and it is astonishing that after a decade of foot-dragging, the Government now wish to have these exclusions. They are totally incompatible with our signature to the SDGs, and the position we have taken in our overseas programmes, if nothing else. I am glad that we are finally ratifying the convention, and pay tribute to the noble Baroness, Lady Gale, and all the others who fought for this for so long. I look forward to the Minister’s full response, in a letter if necessary.
My Lords, I welcome this important debate, as protecting women and girls from violence and abuse should and must be a key priority for government. We know that the impact of violence against women and girls not only causes unimaginable suffering to victims subjected to the crimes, but the existence of any violence against women and girls further causes deep social issues for our economy, health service and criminal justice system. Therefore, doing what we can to eradicate these heinous crimes remains everyone’s business. I thank my colleagues on the Select Committee and particularly our chairman, the noble Baroness, Lady Hayter, for the work that they have done in preparing the report—and, indeed, the Government for getting us to the point of ratification of the Istanbul convention, even if, as the noble Baroness said, it has taken some time.
The work in this area of the Secretary of State for the Home Office and her team has been admirable, but there is still a lot more that can and must be done. I particularly welcome the Government’s decision to make tackling violence against women and girls a strategic policing requirement, and the subsequent way in which police forces across the UK have risen to the challenges and now proactively engage with their communities on this vital subject. I have seen a plethora of good examples locally, by which chief constables have undertaken major operational changes in how they now prioritise the eradication of violence against women and girls. While it is entirely reprehensible and will remain a stain on the conscience of the UK that it has taken so long, with a number of high-profile cases to get us to this point, we are now at least moving in the right direction.
The latest actions by government, including the Home Secretary’s recent launch of the Enough campaign and how we are putting victims first, demonstrate that this Government are rightly moving further than the convention requires and undertaking encouraging work to prioritise making women and girls safer, not only across our country but overseas through the work of the FCDO on the ground and the NGOs and aid programmes we sponsor.
Other noble Lords have discussed—and I am sure others will follow—the reservations to be made by the Government in the ratification of the treaty. Instead of providing replication on the topic of the reservations, I want to use this opportunity to seek clarity from my noble friend the Minister on the process of extending the ratification of the treaty to the Crown dependencies and British Overseas Territories. If my understanding is correct, the provisions of the treaty will not extend to the Crown dependencies and overseas territories at this time.
I understand that Her Majesty’s Government have informed all Crown dependencies and overseas territories that it is the UK Government’s intention to ratify the Istanbul convention by the end of July. Of course, I respect the self-governing status of the overseas territories, but can my noble friend the Minister please update the Grand Committee on, first, what action the Government have taken or will take to promote the convention to the Crown dependencies and overseas territories; secondly, whether the Government have undertaken any analysis of whether the internal laws of the Crown dependencies and British Overseas Territories are currently compliant with the treaty; and, thirdly, what work the Government are undertaking to encourage our friends to begin the consultation processes so that, if desired, they can have the treaty extended to them?
I welcome the Government’s intention to ratify this treaty and commend Her Majesty’s Government for the work that has been and will continue to be done as we unite to prevent, combat and eradicate all forms of violence against women and girls.
My Lords, I welcome the report from the International Agreements Committee on the Istanbul convention. I congratulate my noble friend Lady Hayter on her chairing of the committee, and the committee members on producing such an excellent report. The report highlights the main points and the reservations the Government wish to use to enable the ratification of the Istanbul convention. I will concentrate on Article 59.
The Preventing and Combating Violence Against Women and Domestic Violence (Ratification of Convention) Act 2017, which my noble friend Lady Hayter mentioned, was a Private Member’s Bill that started in the House of Commons and which I took through the House of Lords. It required the Government to publish an annual report to Parliament on progress made towards ratification. The first report was published in April 2017, and there have since been five annual reports. Does the Minister expect the 2021 report to be the last annual report and, if so, will there be a report on the progress made on the reservations? When will those reservations be removed?
In paragraph 12, the committee makes it clear that it does not see
“any justification for the reservation”
relating to Article 59. In paragraph 13 it makes several points, calling on the Government
“to justify the exclusion and set out … the criteria that will be used for … measuring the success of the Support for Migrant Victims Scheme pilot”.
It also asks what timetable will be used to withdraw the reservations.
The Minister will no doubt be aware of the letter from more than 80 organisations calling for the convention to be ratified, including Article 59, as those organisations feel so strongly about this matter. What can the Minister say about how progress will be made? It has already taken the Government 10 long years since signing the convention in 2012.
While the ratification is a huge step forward, it is a shame that the Government’s approach to it includes opting out of life-saving support and protection for migrant women. Article 59 provides a lifeline for migrant women survivors, as it requires member states to grant residence to victims whose immigration status depends on an abusive partner. The decision to make a reservation is extremely concerning, as it denies migrant women survivors life-saving support. It means that migrant women who need the protection of the convention will be excluded from it. This goes against the spirit of the convention, which is firmly based on the principles of equality and non-discrimination.
There is much evidence about the need for Article 59 to provide vital support for migrant women experiencing violence. This evidence, provided by numerous specialist women’s organisations during the passage of the Domestic Abuse Act, clearly established the gap in support for migrant victims of domestic abuse whose residency relates to their abuser and who have no recourse to public funds.
Despite the 10 years the Government have taken for ratification, they have stated that they do not want to delay based on the pilot scheme and the evidence it will produce, and have decided to ratify by applying a reservation to the whole of Article 59. It is interesting to note that the advice and expertise of the specialist women’s organisations make it clear that ratification without reservations does not need to be dependent on the findings of the pilot scheme evaluation.
Over the years, I have asked numerous Oral and Written Questions, taken part in debates asking the Government when the Istanbul convention would be ratified and taken a Private Member’s Bill, which I referred to earlier, though your Lordships’ House. At long last we have an answer, and the Government have said that by 31 July they will ratify the convention with certain reservations. But this might not be the end of me asking questions, as I am sure noble Peers will want to know when these reservations will be withdrawn.
Once again, I give my thanks to the committee and our excellent chair, my noble friend Lady Hayter, for producing the report highlighting many points of concern. I am grateful to the IC Change campaigning organisation and the Southall Black Sisters for their advice, support and briefings over many years, as they campaigned to ensure that the Government ratify the Istanbul convention. Let us hope we have as little delay as possible to enable full ratification. I, like many others, look forward to that day.
My Lords, as a member of the IAC I too support the noble Baroness, Lady Hayter. The nub of this important issue, as has been said, is the delay in ratification because of the unwillingness of the Government to explain these reservations, especially that relating to Article 59 on migrant workers. The case has been very well made just now. However, I am confident that the Minister will have an interim explanation today and I expect it to be about Immigration Rules and Home Office funding, because we have heard that before. Despite this, I doubt that the reservation on the whole of Article 59 will be lifted soon or even at all. HMG seem to have no difficulty in ratifying it straightaway, I think implying that the reservations, which will be valid for five years, will be there for some time.
The name Istanbul conjures up happy memories for me, especially the opening of the first Bosphorus bridge, symbolising Turkey’s connection with Europe, nearly 50 years ago in October 1973. The noble and learned Lord, Lord Morris, who is also a member of our committee, was present as a delegate to the North Atlantic Assembly and I was a very junior press officer. We were in no hurry then to bring Turkey, including the whole of Anatolia, into Europe, and the EU is still resisting Turkey’s application today.
None the less, engagement with the EU led to a number of policies that might have pleased Atatürk, one being the Council of Europe’s Istanbul convention, which Turkey was the first to sign and ratify. It has since withdrawn from it on spurious grounds. Family values were cited, connected to fears of gay rights. Poland has followed and others may. But, as we heard from the noble Baroness, Lady Sugg, only a few days ago Ukraine became the 36th nation to ratify the convention—lighting a beacon of hope in a so-called democratic world that seems to be back-tracking on the rights of women. Unfortunately, President Erdoğan is not Atatürk and, while he has co-operated with Europe on defence and refugees, the last few years have witnessed the brutal suppression of opposition and other domestic policies unlikely to bring Turkey closer to European membership. Istanbul is no longer the model of this convention that we would like it to be.
The noble Baroness, Lady Williams, who is unable to be here today, would remember from many previous debates on Bills that some of us were concerned about the status of migrant workers. We had all heard horror stories from Kalayaan, the non-governmental organisation concerned with migrant workers, and other reputable NGOs of women trapped in slavery by their employers without any means of escape. As the Home Office knows well, Kalayaan is a highly respected charity that has long campaigned against the tied visa, which binds migrant workers to their employer and in many cases forces them into an abusive relationship—precisely what this convention is designed to avoid.
Recognising all this has been the Conservative Party—we must not sound surprised—under the noble Lord, Lord Hague, and other Foreign Office Ministers, including the noble Baroness, Lady Anelay, who all developed a strong policy of contesting violence against women and girls in foreign and domestic affairs. Other Peers, such as the noble Baronesses, Lady Sugg, Lady Helic and Lady Hodgson, have been involved more recently.
The present Conservative Government have campaigned to eliminate violence against women and girls of any kind, whether in the United Kingdom or elsewhere, yet the convention is 10 years old and is still unratified by us. So, as the noble Baroness, Lady Hayter, said, this short debate is primarily to probe the Home Office’s real intentions towards the dependence of migrant workers should they face domestic violence. It seems that instead of crossing the road to help them, we will be passing by on the other side. I fear that instead of correcting this apparent injustice, the Government will find it more convenient to leave it exactly as it is. As our report says, we cannot understand why the Government hesitate to allow councils to offer the protection of the convention to migrant workers who are unavoidably dependent on the residency of their spouse or partner.
My Lords, I thank the noble Baroness, Lady Hayter of Kentish Town, for this debate, and her committee for its report. I also pay tribute to the noble Baroness, Lady Gale, for her tireless work to ensure that this convention was ratified.
This has been a thorough and important debate. I cannot remember how many times, led by the noble Baroness, Lady Gale, we asked the Government: “When are you going to ratify the Istanbul convention?”, and now, as we have heard, they are going to ratify it only partly.
As other noble Lords have said, the UK signed the convention—a legally binding instrument providing a comprehensive framework to counter violence against women and girls—in 2012, and it has taken almost a decade to ratify it. The provisions contained in the convention are there for a reason. The reservation affecting migrant women effectively excludes domestically abused migrant women dependent on their abuser for UK residence—who, as the noble Baroness, Lady Hayter, said, are particularly vulnerable—from the full protection that the convention provides for other victims of domestic abuse. “If I leave my abuser I may be deported” is a dilemma that no woman should have to face.
The question the Government need to answer is: why? The Government may be concerned about claims for leave to remain based on false claims of domestic abuse, but the answer is to have mechanisms in place to ensure that claims are investigated and verified, not to exclude genuine victims from protection. In any case, the convention requires the granting of an autonomous residence permit for such victims only in the event of particularly difficult circumstances. As we have heard from the noble Baronesses, Lady Hayter, Lady Sugg and Lady Gale, more than 80 organisations have signed a letter to the Home Secretary objecting to this reservation, which comes on top of migrant victims of domestic abuse being excluded from the protections in the Domestic Abuse Act. The Istanbul convention is all about equality and non-discrimination. I thank the End Violence Against Women Coalition for its briefing on this.
The Government will say that they are awaiting the outcome of a pilot scheme to provide for migrant victims of domestic abuse, but, as the noble Baroness, Lady Gale, said, it is unclear how this support is dependent on agreeing to provide autonomous residence permits to migrant women in the circumstances set out in the convention. It is a mark of the standing of Southall Black Sisters that the Government chose that organisation for the pilot.
Similarly, under a separate reservation, UK residents who are not UK nationals may not face prosecution in the UK for certain crimes of sexual violence committed abroad, such as marital rape, and any UK resident may not be prosecuted in the UK for forced abortion and sterilisation crimes committed abroad. The convention says a dual criminality requirement for these and other offences may not apply, but the UK Government, through this reservation, are applying the dual criminality requirement that offending behaviour is a criminal offence in the country where it happened and in the UK.
I accept that it is usual practice not to prosecute someone for doing something in another country for which they could not be prosecuted in that country, but the convention sets out where it is necessary to disapply that practice in order to protect women and girls from violence. The Government give an example to justify this reservation of a German national having sex with a 15 year-old partner, since the age of consent in Germany is 14. We have a Crown Prosecution Service—an independent prosecuting authority—that decides on the basis of the likelihood of conviction and whether it is in the public interest to prosecute. Just like the investigation into whether the domestic abuse of a migrant victim is genuine before applying the convention and providing an autonomous residence permit, the CPS would fully consider all the facts before deciding whether a prosecution is in the public interest.
Those resident in the UK are under an obligation to know what the UK accepts as legally permissible, and the UK is entitled to require those who want to live in the UK to abide by our laws if they wish to remain resident. Again, this part of the convention is there for a very good reason; there are safeguards, and therefore there is no good reason for the Government’s reservation. If the Government do not think that these provisions should be part of the convention, why do they not propose amendments to the convention, rather than saying that the UK is a special case where parts of the convention will not apply?
As the noble Baroness, Lady Sugg, said, part of the purpose of the convention is to promote and encourage international co-operation. How will the Government’s reservations affect the UK’s ability to encourage other countries to tackle violence against women and girls? The statistics so powerfully quoted by my noble friend Lady Northover show how much work still needs to be done to change attitudes and cultures towards women and girls internationally, as well as at home.
We strongly support the ratification of the convention in full.
My Lords, it is a pleasure and a privilege to follow the noble Lord, Lord Paddick. I agree with all his remarks, which he made with his usual competence. I also congratulate my noble friend Lady Hayter on bringing this Motion before us today and on her chairing of the International Agreements Committee, and I thank all the Members who have spoken. My noble friend does this Room and indeed our country a great service by ensuring that this is debated, because this is a hugely important document. I want to say something more about some of the broader points made within the document as well as the reservations that her committee have pointed to. I congratulate her on that and agree absolutely with all that she said. She pointed to the work of my noble friend Lady Gale who has continually demanded that this is ratified. Although it has taken 10 years, one wonders what the timescale would have been had she not shown such tenacity.
Of course, that is true of many other members of this Committee. I was struck by many of the comments that were made. The noble Baroness, Lady Sugg, talked about the current situation, and I will come back to that, because we should look at the context within which we are discussing this.
I must say as a man that it was important that the noble Baroness, Lady Northover, referred in particular to statistics about men in South Africa. She said that the figures would obviously be much higher than those on the attitudes of men in this country, but there is a challenge to men in our country in respect to all this, and she was right to point that out.
The noble Lord, Lord Udny-Lister, was right on the overseas territories and dependencies. It would be interesting to hear from the Minister why they are excluded and whether that is an exclusion for ever or for a period of time, whatever that might be.
The noble Earl, Lord Sandwich, reminded us of the irony of the fact that Turkey recently withdrew from the Istanbul convention. The irony is not lost on us at all. I also appreciate the other remarks that he made.
I was a member of the Council of Europe for two and a half years, and I agree very much with my noble friend Lady Hayter’s remarks on the importance of the work that it does and on the continuing confusion that it is somehow the EU and we have left all that. It is important to note the way the Council of Europe was set up and how it was set up to establish human rights, not as a politically expedient measure that you decide at a particular moment in time whether you agree or not, but as a universal standard that applies throughout time. That is the standard that we should remember—that a human right is a human right. It is not a politically expedient thing to adhere to when it suits; it should absolutely be at the core of everything that we do. The Council of Europe has done a tremendous job over a huge period of time.
We are pleased that the Government have decided to ratify this. The Motion before us asks us to take note of the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence. Quite rightly, the Committee has focused on some of the reservations that the Government have expressed and their criticisms of it. I join my noble friend Lady Hayter and the Committee in the criticisms that have been made of the Government in asking them to justify why there are these two particular reservations, with respect in particular to Article 59, on migrant workers, and Article 44.
This is a massive document. Let us remember, as the noble Baroness, Lady Sugg, pointed out to us, that as we debate and discuss this take-note Motion, we still have a situation in which rape prosecutions are at the lowest level ever, as far as I am aware, and up to two women victims of domestic violence are killed every week. I could quote huge numbers of other statistics, which we would all abhor. As much as it is about the reservations, my question is: how will the Government, in taking note of this convention, use it as a springboard for further action?
There is law after law. I am sure that some of the noble Lords here are more diligent than I am. I did not read every relevant law on every single page, but there are certainly a huge number of laws relevant to protecting women and ending domestic abuse and sexual violence—yet in our society they are still real problems. How will the passing and taking note of this, with or without those reservations, improve the situation? The Government need to set out and explain, not only through plans, new strategies and taking note of documents, how this will make a difference. Why will this be the document that, in 10 years, we will say was the watershed moment when this was implemented in a way that meant that some of the disgraceful things we see, debate and discuss in our Parliament are coming to an end?
I use one example: Chapter III of the convention, on prevention. The online Bill is a massive opportunity for the Government that cannot be missed. My noble friend Lady Hayter and others will be familiar with this, with either their children or their grandchildren: the wild west that operates online, in particular for girls at school, is an outrage. It cannot be legal or right. This document says we have to prevent it. It says all the right things. The Minister will agree that we have to do something. It is not a party-political point or a smart point to make in a debate. It is a disgrace and a scandal that as a society, a state and a Parliament we cannot get hold of what girls at school in particular—not exclusively; it affects some boys—have to deal with. I use this as one example; there are many other examples in our society. I will not be explicit about it, because noble Lords know the sorts of photographs and images they are routinely sent and the sorts of victimisation and bullying they experience as a result of that.
Why will taking note of this convention make a difference? When I listen to debates on online safety, everybody agrees but nobody is sure whether it will work. The starting point is to be honest about how bad it is. Amanda Spielman’s report on this was absolutely damning. I do not want it for my children, my grandchildren or anybody else’s. This debate is an opportunity not to say to the Government, “You wicked Government; you’re not doing anything”, but to ask what as a Parliament and as a country we are going to do about the fact that our young girls at school are exposed to things they should not be exposed to. It has to stop. How are we going to do that? Debating this convention gives us another opportunity to act as a springboard to do something about that.
The Government want to enact the prevention chapter to which I have referred and many of the others in the convention, but I ask the Minister how they are going to move them from paper to policy to practice. How will we know, in five, 10 or 15 years, whether this has worked? How will the Government measure, understand and know that?
My noble friend Lady Hayter and the committee, with their knowledge and experience, have pointed out these reservations. I will make one or two more points on them before concluding. Paragraph 12 of the International Agreements Committee report say that there will be a reservation on
“the obligation to provide autonomous residence permits to migrant women whose residency depends on that of their spouse or partner and who have been victims of domestic abuse”.
I cannot imagine what the consequences of that will be. Somebody who is a victim of domestic abuse whose residency depends on the status of the abuser will be denied legal residence because we have a reservation on this Council of Europe protocol. As my noble friend Lady Hayter said, how on earth can that be right? It flies in the face of common decency.
I do not know what the legal position is but, if somebody had come to me when I was a Member of Parliament and said, “I have been abused by so-and-so. He has a criminal record for it and I have nowhere to go. The Home Office is now pursuing me because I have no residency. The law says I should go back to them”, what should I have done? Was I supposed to have said, “Go back to your abuser. Go and live in their house”? I ask the Minister what on earth the abused victim is supposed to do. The legal position is brilliantly phrased in the document, but I would not tell a human being walking around to go back to their abuser. Would the Minister? Would anybody? I would not, so what are they supposed to do? Yet we have a reservation against granting them any sort of residency status. I do not understand it.
The committee asked for a more detailed explanation on the Government’s second reservation on dual criminality and Article 44. No doubt the Minister will come forward with that.
To conclude, I say to my noble friend Lady Hayter, to her committee and to all who contributed that this should have an audience of millions of people in this country, who would see the universal standards being asked of us and the attempts that the Government and all Governments have made to try to improve the situation. The frank reality is that we have made progress, but progress has been slow and is, in many cases, still shocking. How will this make a difference?
I am not a cynic and am always positive, so my hope, expectation and belief is that this will help us to move forward. The Government need to be a bit clearer about their implementation plan, how they are going to answer some of the real questions that people have raised and why this will make a difference to the real problems that all of us see in our society. They simply cannot be acceptable now, let alone in the future.
My Lords, I thank all noble Lords for making some powerful contributions to this debate. In particular, I thank the noble Baroness, Lady Hayter, and her colleagues on the International Agreements Committee for their report on the Istanbul convention, which was the genesis of today’s debate, and I thank the noble Baroness for her warm words about where we are now. I know that her committee has maintained a close interest in this treaty for a considerable time.
In a moment, I will come on to the reservations that have been at the heart of the debate, but it is important first to stand back, acknowledge and indeed celebrate where we are now. We are at the point of fully ratifying the Istanbul convention—a vital instrument and a real touchstone of a country’s commitment to tackling violence against women and girls. Like my noble friend Lady Sugg and the noble Earl, Lord Sandwich, I was delighted to see the Ukrainian Parliament last week give its approval to ratifying the convention.
With our ratification, we send a clear message to women in the United Kingdom—in answer to some of the powerfully made points of the noble Lord, Lord Coaker—and to our partners overseas that we are in the vanguard of seeking to drive these crimes out of our society. I know that there has been real excitement at the Council of Europe about our proximity to ratification. There is a genuine belief overseas, which has been made clear to us in many different interactions, in the vital importance of the United Kingdom in particular ratifying the convention.
The noble Baronesses, Lady Hayter and Lady Northover, and, indeed, everybody else, asked why it took so long—10 years—to ratify this convention. There is a powerful or compelling answer to that, which is that first we had to be compliant with all its many provisions. If we were to ratify a treaty before we were compliant with all its provisions, we would go against clear, long-standing government policy and risk being in breach of our legal obligations. That reflects the UK’s dualist legal system, whereby no treaty can have effect in domestic law without specific legislation. Several other countries—my pronunciation may be a bit off here—have “monist” legal systems, meaning that the treaty forms part of domestic law. That can make ratification swifter, which is part of the reason why it took us longer than many other countries.
The main reason why we could not ratify in recent years was the need to pass legislation to make us compliant with Article 44, on extraterritorial jurisdiction. A legislative vehicle for that was identified in 2017 with the planned Domestic Abuse Bill. That was subject to consultation then pre-legislative scrutiny, then it was introduced in three different parliamentary Sessions before achieving Royal Assent in April 2021. When Northern Ireland implemented its relevant measures from the Act in February 2022, the way was clear to ratify. I appreciate that it a long time, but I think that there is a good reason there. Perhaps we could have moved quicker, but that explains why we are where we are.
We should not see ratification in isolation: it forms part of the huge range of work that we are taking forward to tackle violence against women and girls. These crimes are utterly appalling; they cause enormous suffering. Our message is clear: enough is enough. The Government’s landmark tackling violence against women and girls strategy, combined with the complementary Tackling Domestic Abuse Plan, embodies our commitment to this effort. From the appointment of DCC Maggie Blyth as the first national police lead on violence against women and girls, to the launch of our hard-hitting communications campaign under the banner “Enough”, referred to by my noble friend Lord Udny-Lister, to the ban on the terrible practices of virginity testing and hymenoplasty, which will come into effect on Friday, we are leaving no stone unturned in our mission to ensure that women and girls both are, and feel, safe.
I shall come on to addressing the reservations in a moment, but in specific answer to the noble Lord, Lord Paddick, the UK is not a special case. The ability to make reservations is in the treaty on which the UK negotiated, so that removes the need to propose amendments. Twenty-four other countries have also made reservations of various sorts.
To come on to the migrant victims reservation, to which everybody referred, it is the one on Article 59 of the convention. Passionately held beliefs have been expressed in today’s debate, and I respect them enormously. It is fair to say that the opposition to this reservation is not a surprise to the Government, but we still think that it is the right way to proceed. In specific answer to the noble Baroness, Lady Gale, the Domestic Abuse Commissioner has not written to either the Home Office or the MoJ on this subject.
As a first reflection, I stress that we are far from alone in making a reservation on the convention, as I have just said; 24 countries applied a reservation when they ratified it, or confirmed their intention to do so when they signed it. This represents a majority of those countries that have signed the convention. Nine countries ratified or signed the convention with a reservation on Article 59. We need to see the convention as a whole, including the provision within it that enables states to make reservations on some articles, a provision which the drafters included in the knowledge that some countries would consider it important to be able to take such measures.
The question has been asked about the link between the support for the migrant victims scheme pilot and Article 59, notably by my noble friend Lady Sugg. While the former concerns financial support, the latter relates to residence status. In fact, this link is far from a new one: we made it clear in the two most recent annual reports on our progress towards ratification, which were laid before Parliament, that our compliance position on Article 59 was under review pending the findings of the pilot. The then Safeguarding Minister, Victoria Atkins, made the same connection when giving evidence to the noble Baroness’s committee last year. We have made the link in many other contexts, both inside and outside Parliament, so this has not come out of the blue.
We also accept that the specific subjects of the pilot and of Article 59 are different, but they are linked. It is our intention to consider both subjects together in the light of the pilot scheme, alongside wider policy considerations, rather than to determine policy surrounding migrant victims in a piecemeal fashion. It is right that we consider all these matters in the round to ensure that the support and policies that emerge from the pilot have the most beneficial impact for the migrant victims and survivors.
Given the commitment that we had made, and the fact that we cannot confirm our compliance position with Article 59 at this juncture, we had a choice: either to wait until the pilot’s evaluation had been produced and we had fully considered its findings before ratifying, or to ratify now with the reservation on Article 59, which we will consider again later. Taking the former course would have meant a delay of many more months before ratifying. As we have just discussed, the noble Baroness’s committee queried the reference we had made to speed, given that a decade had passed, but these months matter. It was the passage and implementation of legislation that stopped us from ratifying, and now that the last legislative obstacle has been removed, we did not think that it would be right to delay any further.
Every speaker, I believe, asked when the evaluation of the support for migrant victims scheme pilot will conclude. It ran for 12 months from April 2021 until March 2022. The independent evaluation by the Behavioural Insights Team aims to ensure that we have a robust evidence base to inform any future policy decisions. We will receive the final report in the summer of 2022, and we will share the findings as soon as is practicable. I am afraid that I cannot give any more details on that because I simply do not have, or know, them.
More specifically, the eighth of this month was the 10-year anniversary of our signing the convention. We considered it important to declare our readiness to ratify, and to start the process for doing so, before then. Had we not done so, 8 June would have brought significant criticism not only at home but, just as importantly, abroad, for our still not having been able to give firm information on a ratification timetable 10 years on. When Victoria Atkins appeared before the noble Baroness’s committee last year, the thrust of the questioning in relation to Article 59 was not about the validity of the link between that article and the pilot but rather how that link would surely result in our ratifying either late in 2022 or in 2023. It has not, and we are very pleased that we are now ratifying.
The pilot’s evaluators will produce their findings later this summer. We will then review the position on Article 59 in the light of those findings, alongside wider policy considerations on migrant victims. It is not meaningful to give a precise methodology for how that will happen, but I can confirm that we will pay attention to all relevant factors. We will then take any decisions as soon as is practicable. I stress that we are fully committed to ensuring that migrant victims are supported effectively. Again, it is worth digressing briefly into the existing support for migrant victims of domestic abuse, which is considerable.
The destitute domestic violence concession was introduced specifically to support migrant victims of domestic abuse who had entered the UK on certain spousal or partner visas. Migrant victims of domestic abuse on spousal partner visas can apply for leave to remain without the “no recourse to public funds restriction” when their relationship has broken down because of domestic violence, they are destitute, and they intend to subsequently make an application for indefinite leave to remain as a victim of domestic abuse. These victims can then apply to claim public funds for up to three months while their application to settle in the UK is considered.
We grant the indefinite leave to remain in cases where we accept that a relationship has broken down as a result of domestic abuse, and the intention is to safeguard eligible victims by offering them an immigration status independent of the abusive partner so that they do not remain in an abusive relationship out of fear for their immigration status. I could continue on that, but that gives a flavour of what the Government already have in place. To answer the very specific point, there is certainly no intention on the Government’s part that anyone should need to sleep with the enemy, as it was put earlier.
The noble Baroness, Lady Gale, asked whether we would continue to produce reports on what we do on the reservation. The answer is no; the annual progress reports are required by the 2017 Act, but it does not require post-ratification reports. However, obviously, we will ensure that we inform the House about our forthcoming endeavours on Article 59. I imagine that answer will not satisfy all noble Lords, but that is the best that I can do at the moment. I will now come on to the next reservation: the dual criminality reservation.
As noble Lords have rightly said, the effect of this reservation is essentially that a UK resident—whether or not they are a UK national—can be prosecuted for carrying out forced abortion or forced sterilisation overseas only if what they did was a crime in the country where they did it, and that a UK resident who is not a UK national can be prosecuted for carrying out sexual violence overseas; again, only if what they did was illegal in the country where it was done. This is already the position in legislation. The reservation itself does not change anything; rather, it is a necessary consequence of existing laws, some of which have been in place for several years. If we were not to make this reservation, we simply could not ratify the convention now. Instead, we would have to change primary legislation across the UK, leading to a delay in ratification of around two years, which I am sure nobody would wish to see.
I am not sure, though, why we would wish to change course even if we could. Most of the relevant legislation sits within the Domestic Abuse Act 2021 and attracted cross-party support when the Bill was being debated; indeed, when my noble friend Lord Wolfson had cause during those debates to explain the dual criminality policy, it was warmly welcomed by both the Labour and Liberal Democrat Benches. I can quote my noble friend Lord Wolfson here because I think it would be helpful. He said in regard to an amendment tabled by the noble Baroness, Lady Bertin, that
“a dual criminality requirement will continue to apply for UK residents. This means that we could prosecute UK residents who commit marital rape abroad only if the behaviour is also criminal in the country where it is committed. We should not prosecute, for example, a Ruritanian national who is habitually resident in England for doing something in Ruritania that is not criminal under Ruritanian law. I remind the House that existing law already makes the same distinction between UK nationals and UK residents in relation to extraterritorial sexual offences where the victim is aged under 18.”—[Official Report, 10/3/21; col. 1781.]
That broadly explains the principle of dual criminality, but of course we are talking about very specific provisions, which I will come on to in a second. The Act contains equivalent provisions for Scotland and Northern Ireland, which we enacted with the approval of those Administrations.
Essentially, the policy revolves around the principle that it is not generally right to prosecute someone for doing something in a country which does not contravene that country’s laws. Sometimes we can make an exception when there is a strong case to do so; for example, with forced marriage and female genital mutilation, because there are a number of countries where a British child could be taken to undergo the practice, with no protection from local law enforcement. However, the point is that those are the exceptions. We say this not because we do not think it matters if someone commits crimes not covered by those exceptions; on the contrary, it matters hugely. Rather, this is about practicality. If the acts will in practice always be illegal overseas, the overseas countries are the best placed to prosecute them. Since we rely on general offences of physical violence to ensure our compliance with the requirement to criminalise forced abortion and forced sterilisation, that is why we are making the reservation in relation to those crimes, as Ireland and others have done. Therefore, it is not about approving of crimes, as perhaps the noble Baroness, Lady Northover, implied.
The other point is about the appropriate reach of the UK’s criminal law. If somebody who lives in the UK but is not one of our nationals returns temporarily to their country of origin and does something which is legal there, as the noble Lord, Lord Paddick, referred to, is it really proportionate for the UK to prosecute them on their return? As the noble Lord suggested, an example might be someone who, on return to their country of origin, has sex with a partner who is not below the age of consent in that country of origin but who is under 16. It is that sort of scenario that we had in mind above all when making the reservation in relation to sexual violence.
On a couple of specific points, my noble friend Lord Udny-Lister asked about overseas territories and Crown dependencies. We have contacted all the Crown dependencies and overseas territories to discuss this. If they so wish, we can extend ratification to them in the future, but it is for the Crown dependencies and overseas territories to assess whether they are compliant with all the measures and to become so if they are not. We have shared with some of them, on request, our analysis of what makes us compliant, to help them, and officials will be happy to continue to offer such help as they need.
The noble Lord, Lord Coaker, strayed into online safety and a wider-ranging debate. Speaking personally and as the father of a daughter, I completely agree with him and think we will have plenty of opportunities for that debate. He specifically referred to the subject of rape. The rape review published in June 2021 took a hard and honest look at how the entire criminal justice system deals with rape and, in too many instances, it simply was not good enough. We agree.
To help drive change within policing, the Home Office is funding Operation Soteria, which is driving changes in the police and Crown Prosecution Service’s approach to rape in five police force areas. In December, we announced a programme of expansion to a further 14 police force areas and their corresponding CPS areas. We are investing £5 million in the Transforming Forensics programme to increase the police’s capacity to process evidence from digital devices so that victims get their phones back faster, and we are working with industry to explore how technology can be leveraged to drive efficiencies in these sorts of investigations. We are ensuring transparency and accountability for the delivery of these actions through six-monthly progress reports and quarterly criminal justice system performance scorecards. I do not know whether we will look back in 10 years and decide this was a watermark. I hope we will, but we are doing the right things, certainly as a start.
My noble friend Lady Sugg asked about the Foreign, Commonwealth and Development Office’s strategy on violence against women and girls. I do not know when that is going to be published or how the specific figure of £745 million was arrived at, so I commit to writing on that. Finally, I hope noble Lords understand if I do not comment on the actions of certain other countries. I think that would be a mistake.
I conclude by once again thanking all noble Lords for their contributions today. We understand the vital importance of the issues at stake and look forward to the clear message that our ratification of this convention will send.
My Lords, I thank the Minister and the other speakers for what has been an invaluable debate. I started by looking at the formation of the Council of Europe in 1949. The noble Earl, Lord Sandwich, promptly moved us forward to 1973, the influence that Britain was able to have over Turkey at the time and the role that this country has played in standard setting and expectations. This is why the Minister will understand that our feelings about the reservation perhaps go even wider than the specifics of it—to the signal it sends out. The noble Baroness, Lady Northover, asked whether we really want to align ourselves with Turkey. She said that we are not reaching the gold standard, and that is something to which we surely all aspire.
One of the most valuable things said by the noble Lord, Lord Udny-Lister, is that this is everyone’s business. It is often thought that these issues are women’s business. They are not; they are everyone’s, internationally as well as across the genders. They are internationally important, as the noble Baroness, Lady Sugg, said, at a time when women’s rights are being rolled back in all parts of the world. What we say is particularly important in the message it gives.
The noble Lord, Lord Paddick, recalls my noble friend Lady Gale always asking, “When are you going to ratify?”. As I think he probably hinted, she will now continue by asking, “When are you going to erase these reservations?”. The Minister said that this is no longer in the Act that my noble friend managed to get through the House, but I promise she will continue.
I was slightly confused by the Minister’s response on the treatment of migrant women leaving the abusing partner on whom they depend for their residence status. I was trying to follow it closely. If it was as he said, I see no reason for the reservation because we seem to be doing it. I will have to look very carefully at that. We may need an exchange of correspondence between his department and our committee. If it was so good, you would not need the reservation, basically, which means it is probably not quite as good as he said. Therefore, we will have to live with the question that my noble friend Lord Coaker raised: what are migrant women going to do? What would we advise them—go back to their abuser and be able to stay here, or leave and risk deportation? The jury is still out; maybe we can exchange correspondence to clarify that point.
For the moment, I thank all noble Lords who have spoken and our committee, again, for the work it has done, as well as our advisers. We are delighted with the ratification. Do not let what we have said about our worries disguise the fact that this is important. For all the reasons that my noble friend Lord Coaker and others gave, this is an important signal. Let us hope that we can trumpet the good bits, albeit still pressing on the others.
(2 years, 1 month ago)
Lords ChamberTo ask Her Majesty’s Government how their levelling up plans take into account the needs of the Roma community.
The Government have set out 12 national levelling-up missions which are already beginning to drive real change across the United Kingdom, including for our Roma communities. They include investing £1.4 million in targeted educational support for Gypsy, Roma and Traveller children. We will continue to work across government to tackle inequalities.
I am aware of the Government’s plans to deal with the Roma community, but two weeks ago the submissions from local government closed. What guarantee is there that the funding going via local authorities will be ring-fenced for the Roma community and that it will not bring them into conflict with the new extended police power to move people on?
It is for local authorities to work on their own local housing need. While tackling unauthorised encampments, we have recognised the need also to provide more opportunities for stopping sites. That is why we have invested £10 million in enabling both more permanent and temporary provision for Gypsy, Roma and Traveller communities.
My Lords, an investigation by the Education Select Committee into the achievement of Gypsy and Roma children is under way. Only 8.1% of those children achieve a grade 5 or higher pass at GSCE English and Maths, compared to 49.9% of other pupils. What percentage of Gypsy and Roma children currently attract pupil premium funding? Is there a case that the level of funding should be higher, akin to that which looked-after children attract?
More than 14,000 Gypsy, Roma, Traveller or Irish heritage pupils are eligible for free school meals, representing over 40% of GRT pupils. GRT pupils do not attract the pupil premium per se, but the Government have increased the amount of money to £2.6 billion in 2022-23. I will look at and discuss with my noble friend in the Department for Education the level set for GRT pupils.
The noble Baroness, Lady Brinton, is contributing remotely.
My Lords, mission 7 of the Government’s White Paper on levelling up in the UK aims to narrow the gap in healthy life expectancy by 2030. However, there is no mention in it at all of Gypsy, Roma and Traveller communities. Given that the life expectancy of GRT people is 10 to 25 years less than that of the general population, can the Minister say what the Government are doing to target this disparity?
The levelling-up White Paper does not mention specific communities; it sets the overall ambition. However, it is fair to say that the Government, through the Health and Wellbeing Alliance, have commissioned health guidance for Roma communities. The guidance has been developed by the Roma Support Group, which is part of the Health and Wellbeing Alliance and NHS England, and this will be published as part of the migrant health guide.
My Lords, in 2019 the noble Lord, Lord Bourne, the Minister’s very effective predecessor, announced a cross-departmental strategy to level out the horrendous inequalities faced by Gypsy, Roma and Traveller people. I know the Minister is sympathetic to the strategy, but nothing has been announced—no plan, no strategy, no aims, no actions, no lines of accountability—since 2019. Indeed, since then the Education Select Committee, the House of the Lords Public Services Committee and the Joint Committee on Human Rights have all commented on the severe disparities in all the outcomes. What are the Government going to do about the cross-departmental strategy? Does it still exist?
My Lords, I recognise that we have not yet published the strategy but I take issue with the idea that we have not moved forward. We have made progress: we have launched the £10 million Traveller site fund for 2022-23; we have invested £1.4 million in targeted programmes, with various pilot projects to improve educational outcomes; and, as I said in response to a previous question, we are developing specific guidance to improve health outcomes in the Roma community. So, while we do not have a strategy, the Government have taken tangible steps to level up and benefit the GRT community.
My Lords, Roma used to be able to travel the land finding work as casual agricultural workers and stopping in traditional, unofficial places. The police and crime Bill will now prevent this, but local authorities are not required to provide legally serviced sites for them. The Roma are the last group in society to whom equalities do not appear to apply. Is the Minister not ashamed of the appalling inequalities that these citizens suffer constantly?
The Government made a manifesto commitment to tackle unauthorised encampments, but we recognise that not all of them cause harm or disruption. We recognise the financial costs to communities, businesses and landowners of clearing up sites and repairing damages. That is why we have announced the £10 million fund, which has been well oversubscribed. There are opportunities for local authorities to access that fund as well as the £10.5 billion affordable homes fund, but it is the local planning authorities’ duty to work out what they should be providing.
My Lords, can the Minister set out in specific terms what steps he is taking, working with the Department of Health and Social Care, to improve health outcomes for the Roma community, especially as the health disparities White Paper is being prepared and the ICBs are being established?
We set out a clear mission in the levelling-up White Paper to narrow the gap in healthy life expectancy by five years. We are creating clear guidance for the community, as I have already mentioned, and I am sure that more of the plan will be revealed in the health disparities White Paper in due course.
My Lords, my noble friend asked about the national strategy and progress, but surely one of the problems is the Government’s ongoing resistance to cross-departmental strategies on race equality issues. How will the levelling-up Bill address this? How will it get that resistance sorted and get departments to genuinely work together to improve outcomes for the Roma community?
My Lords, we have a lead Minister who is responsible for equalities matters and has taken on the brief as Communities Minister. My honourable friend Kemi Badenoch is charged with those duties and I am sure will bring forward plans in due course.
My Lords, will my noble friend explain what happens to the funding awarded to a Gypsy, Traveller or Roma child if that child fails to complete the academic year, which is disruptive not just for that child but for all the children in that class?
I guess I will have to write to my noble friend on the specific point about what happens to funding, but the Government’s focus is on ensuring that we improve provision and keep more GRT children in mainstream schooling.
My Lords, the original Statement about the strategy referred to entrenched inequality, and last year we were told that the strategy would be published in due course. Why has it not yet been published? Is there no strategy?
For a great period of time when I held the brief before my colleague Kemi Badenoch, we were working on a clear set of plans, some of which have already been announced. Irrespective of whether or not there is a document, we have a plan around improving temporary and permanent site provision, which is why we have announced the fund. We have plans around improving educational opportunities for GRT children by leading with five pilots with local authorities. I am sure that more will be announced in due course.
My Lords, in a recent conversation with Billy Welch, who organises the Appleby Horse Fair and lives in Darlington, he asked—while recognising the deep problems that have been highlighted in all these questions—that we please start talking about the positive contributions that GRT communities make. Would the Minister like to comment on his view?
Yes, we recognise that GRT communities make a positive contribution. There is a clear commitment to support them in carrying on their way of life and nomadic traditions. That is why we have announced the fund to give them more opportunities for stopping sites and make it easier for them to live the way that they want to live.
(2 years, 1 month ago)
Lords ChamberTo ask Her Majesty’s Government what plans they have to address online retailers’ algorithmic recommendations for products that can be used for the purposes of suicide.
Her Majesty’s Government recognise the gravity of this issue and are investing in suicide prevention through the NHS long-term plan. The Advertising Standards Authority already regulates adverts containing references to suicide. The Government are considering how to tackle illegal and legal consumer harms associated with the contents, targeting and placement of online advertising through the online advertising programme. The consultation closed on 8 June and will help us determine how to tackle such harms.
As my noble friend knows, I am a great supporter of the forthcoming Online Safety Bill but, as we have discussed, it will not regulate all harmful content online. When a particular well-known suicide manual is searched for on Amazon, the site’s algorithmic recommendations then specifically suggest material that can be used, or easily assembled, into a device intended to take one’s own life. If this is not to be regulated as harmful content under the Online Safety Bill, how can this sort of harm be regulated? It is broader than just advertising. Has my noble friend discussed this with Ministers in the Department of Health and Social Care?
Yes, we have discussed this matter with our colleagues in the Department of Health and Social Care and continue to do so. I am grateful to my noble friend for raising this issue. It is important in the context of the forthcoming Bill, which she knows so well, and through our work on the online advertising programme that is designed to look at the full range of harms that exist in online advertising. The Online Safety Bill will empower users to know what a company’s policies are and how to assert their rights to make sure they can be safe online.
My Lords, there is a general welcome for the structure that has been set up by Ofcom and the CMA’s Digital Markets Unit to cover the area raised by the Question from the noble Baroness, Lady Morgan. A lot will depend on the remit of the regulators. In a recent Ofcom consultation, there was a push-back by the industry, with regulators having a responsibility not for citizens’ interests but for consumers’ interests. In the words of the great political philosopher Mandy Rice-Davies, they would, wouldn’t they? Will the Government resist this push-back?
The CMA, the FCA, the ICO and Ofcom all play a critical role through the Digital Regulation Co-operation Forum, which has an important role to play in delivering the regulatory landscape that protects users from harm. We will continue to work with that forum to explore the role that it and the regulators can have. Of course, these days almost all citizens are consumers online, but the noble Lord makes an important point. We want to make sure that everybody who uses the internet is safe.
My Lords, I am really grateful to the noble Baroness, Lady Morgan, for raising this important matter. What work is under way to ensure that the Online Safety Bill is being taken seriously by the major platforms on which these systems lie? What are the Government intending to do to ensure that parents are educated in, and made aware of, the danger of these kind of platforms?
The strongest protections in the Online Safety Bill will be for children. The noble Baroness is right that there is an important part for parents and guardians to play in making sure that their children are safe online. We are working through Ofcom and the education system to make sure that children and their guardians are aware of the risks of using the internet and the safeguards available. The Online Safety Bill will make sure that people’s recourse to Ofcom, if the terms and conditions or duties that are placed on companies are not being enforced, is upheld.
Can my noble friend estimate when the provisions of the Online Safety Bill in relation to suicide, and indeed wider problems with children, are likely to actually come into effect?
The Bill is in another place. It may well finish in Committee this week. I look forward to debating it in your Lordships’ House and seeing it on the statute book as quickly as possible.
My Lords, does the Minister agree that the people drawn to these platforms, particularly young people, are on the whole extremely vulnerable? What discussions is his department having, if any, with the Department for Health and Social Care to ensure support for young people who perhaps are drawn to these things but lack the kind of support that would turn them away?
Under the self-regulatory system, the Advertising Standards Authority already advises that marketers must take particular care over adverts which contain references to suicide. There is careful guidance for advertisers in this area but we are discussing this with colleagues at the Department of Health, as I say. Through the long-term plan for the NHS, we are also investing to the tune of many millions to try to prevent as many suicides as we can.
My Lords, the Online Safety Bill is an important piece of legislation, but some are querying it in relation to freedom of speech. Can my noble friend say that this will not be used as a reason not to ensure that there is a strong regulatory framework in place, so that those platforms are legislated for and accountable for what they put on those platforms?
My noble friend makes an important point. There are important protections for freedom of expression in the Online Safety Bill. The Bill works by setting out expectations for internet companies to have clear terms and conditions, which users will know of when they sign up to them and which give them recourse to speak to Ofcom if they feel that those terms and conditions are not being upheld. This will empower users, keeping them safe while protecting freedom of expression.
My Lords, there are disturbing reports of TikTok users adopting the term “unalive” as a means of promoting suicide content, while others use shorthand hashtags, such as #ED for eating disorders, as a means of getting round censorship. Can the Minister tell the House whether the Online Safety Bill will do anything to tackle this dangerous creativity of social media users? How will social media platforms be directed to take steps to deal with this as part of their duty of care?
The Online Safety Bill will protect users by putting in place systems and processes to mitigate risks. We know that algorithms play an important part in how companies operate their services. Companies will need to consider how these could cause harm and take steps to mitigate them, but the noble Baroness makes an important point about how people use social media. We are setting out a list of priority harms, such as those she mentions, to make sure that people—particularly vulnerable and young people—are kept safe online.
My Lords, my noble friend has mentioned various statutory agencies, but is this not a particular category of legal but harmful content? Assisting suicide is a criminal offence, as is potentially conspiring to assist suicide. Will he ensure that all those statutory bodies involved really relate to the boundaries of the criminal law that exists today? These companies should be ensuring that they are not assisting or conspiring to assist suicide.
My noble friend is right: there are existing criminal sanctions here and content which encourages or assists suicide, and therefore breaks the existing law, will be covered as well by the safety duties providing for illegal content under the Online Safety Bill. We want to ensure that the Bill adds to the armoury that we have to prevent as many suicides as we can.
My Lords, I think the Minister may have misunderstood the question from my noble friend Lady McIntosh about working with the health services in England and Wales, and in Scotland. It is very important that much more is done to train professional people—health visitors, district nurses, social workers and a whole range of others—about the signs indicating that people might be contemplating suicide. It is also very important that something is done about the waiting lists for access—[Interruption.] I thought someone had committed suicide there. But to be serious about the access to counselling and other services in the National Health Service, there are huge waiting lists for psychological and psychiatric counselling in Scotland, and in England and Wales. Can the Minister take this up with his colleagues in all the departments of health?
If I misunderstood the noble Baroness’s question, I apologise. I will consult the official record and make sure I got it right. The noble Lord is right to reinforce the important role of the National Health Service. The Government are investing an additional £57 million in suicide prevention by 2023 through our NHS long-term plan. That will see investment in every part of the country. In addition, the Department of Health and Social Care provided more than £500,000 to the Local Government Association in the last financial year to bolster the work done by local authorities, which, as he said, play an important role as well.
(2 years, 1 month ago)
Lords ChamberTo ask Her Majesty’s Government what assessment they have made of the British Army’s troop size.
My Lords, the integrated review and defence Command Paper made clear that we must focus on defence capability rather than troop numbers in response to changing threats and priorities. Through Future Soldier, the Army will have a whole force of over 100,000, comprised of 73,000 regular service personnel and 30,100 Army Reserve. It is reorganising and re-equipping to face future threats. This will deliver a modern force that is more integrated, agile, lethal and fit for the threats of the future, not the battles of the past. It will be better connected and faster, integrated across domains with allies in NATO and beyond.
My Lords, of course it is right that investment is going into new equipment for a modernised Army to fight the battles of now and the future. At the same time, however, dozens of battle tanks have been scrapped, the numbers of Chinook and Puma helicopters have been reduced, all C-130 transport planes have been taken out of service and the Army is to be cut to its smallest size for 300 years. The former head of the Army, General Sir Mark Carleton-Smith, has said that an Army of just 73,000 is “too small”. The new head of the Army meanwhile says that we need to be prepared
“to fight in Europe once again”.
With Russian aggression, increasing threats elsewhere and the risk of terrorism, along with greater use of soldiers domestically, why on earth do the Government think this is the right time to cut 10,000 soldiers?
My Lords, let me emphasise that the Government recognise the need for the rapid modernisation of our Armed Forces. As part of that, we have committed to the biggest investment in the Army since the end of the Cold War: £41.3 billion. This process will entail a radical modernisation, supported by major investments in ground-based air defence, cyber and electronic warfare. As I said, we have to get away from the idea that capability can be defined only in terms of numbers of people; it is much more than that.
My Lords, does the Minister agree, as he has just suggested, that it is not about numbers but capability? Does he agree that the capability of the British Army is well below what it should be for a nation of our standing and a permanent member of the UN Security Council? In the Cold War, not that long ago, we fielded four armoured divisions in Germany. We cannot field a single armoured division at present and there is a land war in Europe at the moment. Will the Minister tell us when we intend to increase the number of main battle tanks, infantry fighting vehicles, field-to-rocket artillery and the logistics to go with them? Frankly, the situation is untenable, and the Government must do something about it very soon.
My Lords, I always listen with care to the noble Lord, Lord Dannatt, who has immense experience in this area. I assure him that under current plans the Army will be balanced to deliver right across the defence spectrum, to protect the homeland, engage with allies and partners overseas, constrain the aggressive activities of our adversaries and—if necessary—to fight wars. It is an Army that has been designed to fight but also organised to operate more productively and effectively.
My Lords, from these Benches, I reiterate the concerns expressed by the noble Lords, Lord Coaker and Lord Dannatt, about the size of the Army. In his first Answer, the noble Earl referred to the integrated review and the increased defence expenditure. The latter was welcome but what assessment have the Government made of the current exchange rate against the dollar and inflation? It is all very well to bandy headline figures around, but what will that mean in terms of capabilities? Should we not be concerned about not only the size of the Army, which is too small, but defence expenditure more widely?
The noble Baroness will remember that, as part of the spending review of 2020, MoD secured a generous £24 billon uplift to its budget. This will enable the Armed Forces generally to invest in things that they would not otherwise have been able to, including spending £6.6 billion on R&D, establishing a new space command, developing the next generation of naval vessels, developing a new combat air system for the RAF and enhancing our cyber capabilities. So a multitude of work is going on to improve the capability and capacity of all of our Armed Forces.
My Lords, given that, in 1946, Churchill in particular said that our allies the Russians—they were our allies—particularly despise military weakness, does the Minister genuinely think that today is a good time to reduce the Army, as we are doing as we speak?
My Lords, through history, the same effects have been delivered by fewer and fewer people due to the smart employment of new technology. In our own day, robotics and artificial intelligence play into exactly the same trend: in reconnaissance, one drone can do a job done by scores of people in the past. So this emphasis on the integration of emerging technology will make an enormous difference to the capability of the Army and indeed across the Armed Forces.
My Lords, the noble Earl made reference to Future Soldier. Can he tell the House by what date this country will be able to field a full fighting division, with all of the necessary attendant capabilities, including combat and logistics support and adequate weapon stocks?
The noble and gallant Lord is well aware that we are not in a place that we would wish to be in, which is exactly why Future Soldier has defined the path over the next few years. The Army is designed to fight; it will remain that way, and we will ensure that it is equipped to do so.
My Lords, the noble Earl will be aware that our Armed Forces are essential to our national resilience as well as to national defence. Prior to the pandemic, requests to bring them in to assist civic authorities were already rising steadily, and they more than doubled during the pandemic: about 34,000 service personnel were deployed to support the pandemic response and, this year, the pre-pandemic increased tempo has been sustained. There is no mention of this trend in the integrated review, but surely, taking account of this increased demand and the increased national defence demand, this justifies a review of the size of the Army, if we are to become the most resilient nation in the world, which is the Government’s ambition.
My Lords, I emphasise that the programme that we have called Future Soldier is the most significant transformation of the British Army in more than 20 years. As I say, it will create an Army that is more integrated with itself and with the other branches of the Armed Forces, and one that is more agile. This means an Army that can turn its hand not simply to combat in the field, which we hope that it will not have to engage in, but also to the tasks at home that the noble Lord so rightly drew attention to.
My Lords, I declare my interest as a serving member of the Army—I choose that word carefully, because of course the “Army” is not only the regular Army but also the Army Reserve, and I get frustrated sometimes that we seem to misunderstand that. There needs to be an acceptance that the Army Reserve of today is not the Territorial Army of yesterday; a large proportion of Army Reserve members actually serve on a daily basis, bringing unique skills from civilian life and delivering against a defence demand signal. So, although quantity has a quality all of its own, is it not about making sure that we can access the right skills through the right medium to deliver to defence tasks?
My noble friend is absolutely right: our reserves are intrinsically important to the future Army and our Future Soldier transformation programme. Integrating the reserves with regular units to support the delivery of tasks is a major feature of Future Soldier. Each reserve unit will have a clearly defined role and task, particularly—to answer the noble Lord, Lord Browne, incidentally—in relation to homeland resilience, where we expect reserves to take on greater responsibility.
My Lords, can the Minister confirm that the cuts to the Army are to result in the reduction of only one unit—namely, the 2nd Battalion The Mercian Regiment—but the cuts are to be effected by reducing the numbers in battalions from 550 to 420, with a possible consequence that the support company, which is vital to the effectiveness of the overall battalion, may lack snipers, mortars and machine guns? Is technology going to deal with all this?
My Lords, it is quite correct that the Army will be smaller and, therefore, will require fewer units in the infantry. This means that there is a requirement for one less battalion, as the noble Lord indicated; 1st Battalion and 2nd Battalion The Mercian Regiment will be merged, as the Defence Secretary announced last year. I hope that the noble Lord will have gained the sense, from what I have said already, that the reduction in manpower in that area will be more than made up for in the capability that the Army will gain as a whole.
(2 years, 1 month ago)
Lords ChamberTo ask Her Majesty’s Government what steps they are taking, if any, to address the gender pensions gap.
My Lords, this Government recognise the challenge of the gender pensions gap, primarily resulting from labour market participation differences. We are working with employers and partners on ways to address this, including by promoting women’s progression in workplaces and introducing shared parental leave and mandatory gender pay gap reporting. Automatic enrolment and the new state pension are enabling more women to build up pension provision in their own right, reducing historic inequalities in the pension system.
My Lords, I thank the Minister for her reply and the Government’s recognition of the seriousness of the pensions gap. However, she must also know that her reply was insufficient in tackling this problem. The problem of the pensions gap is multifaceted: it is double the gap in pay—so, clearly, there are many issues involved here. Will the Minister agree that, to a significant extent, it is a carers’ pensions gap, and that any solution must involve better pensions for unpaid carers? The only solution to that will involve action by the Government directly to provide pensions for carers.
I can respond to the noble Lord: where carers are working, they will be automatically enrolled, if eligible, into a workplace pension. If they earn below £6,240, they can still ask to be enrolled into the scheme, even though they are not automatically put into it. We have committed to remove the lower earnings limit; that benefits lower earners, including carers, working part-time. In addition to carer’s credit, there is a wide range of national insurance credits available to help people maximise their state pension.
My Lords, the Minister said that she wanted women to progress in the workplace, but she must know that one of the biggest inhibitors to women progressing in the workplace is taking time out—as has been mentioned—to care for children, families and, in later life, elderly relations. Can she more specifically say what policies the Government are introducing to address this gap: the disadvantage of women who are having to take time out? Will the Government look at recommendations from experts, such as an additional state pension credit for those who are not working because they are looking after children under 12, and measures for affordable childcare to be more widely available so that women who are trying to work can do so? Currently, the cost of childcare is prohibitive for so many women returning to work.
I think that the whole House will agree with the noble Baroness about childcare. There is work going on, first, to ensure that people are claiming what they are due and are receiving the help they should for childcare. However, that does not deal with the problem as it stands. So I can tell the noble Baroness that the Government are looking really carefully at childcare and are working with employers to see what they can do on flexible working to ensure that women can take their rightful place in the workforce.
My Lords, the Minister’s reply reveals a disappointing tolerance of carers’ inequality. Caring is an economic activity, resulting in millions of women having to take periods out of the workforce, work fewer hours and receive lower pay. They are excluded from auto-enrolment into a workplace pension. They pay the penalty of lower pensioner income on a lifetime. When will the Government restore the principle that existed prior to 2016 so that carers are credited with benefits into the second-tier pension? The Government can do that tomorrow if they wish and restore the principle that existed prior to 2016.
Carer’s credit is a national insurance credit available to people who provide care for one or more individuals for at least 20 hours a week. It can help individuals gain qualifying years that count towards the new state pension. Under new state pension reforms, carer’s credit has equal value to that of someone who pays national insurance contributions. In addition to carer’s credit, as I have already said, there is a wide range of other national insurance credits available to help people maximise their state pension entitlement.
My Lords, does my noble friend agree that there is a particular problem in this area with the situation for women on divorce? Although the Government have introduced pension sharing orders for divorce, do they have a figure for how many or what proportion of divorcing couples actually share the pension? Many men will say to their partner, “Oh, my pension is not worth terribly much”; it is then ignored and solicitors do not always get involved or advise women. Will my noble friend join me in commending the MoneyHelper service, Pension Wise, which has just established a helpline for women on divorce and encourage take-up?
Pension sharing on divorce is an option that can help women when their marriage or civil partnership breaks down. It enables part or all of a person’s pension to be transferred from the former spouse as part of a settlement. This can help couples divide what might be one of their largest assets. I fully take on board my noble friend’s point about the extra effort to make sure that women—and, indeed, men—know about the helpline. To ensure that divorcing couples are aware of that option, the Government are looking to improve signposting to information about pension sharing on divorce when implementing the reforms to divorce law.
My Lords, to get a sense of scale, I wonder whether the Minister has read the 2019 report from the Pension Policy Institute. It found that, by the time they got to their early 60s, women’s median private pension worth was a third of what it was for men. Given that women tend to live longer than men, that is a massive problem. It means that they are going to be poor in retirement. There have been lots of different reasons but the report found that key drivers were women taking time out of the labour market, as has been mentioned, caring for older relatives and children. If the things that the Minister describes were working, we would not have this problem, would we? What is the Government’s plan to put it right?
In relation to the point that many noble Lords have made about the time women have out of the workplace, I have outlined national insurance credits. In terms of the specifics that the Government are doing, I will need to write to the noble Baroness because I am not fully up to date on them.
My Lords, would my noble friend like to remind the House that pensions are not provided for by any fund and come out of taxation? The fact that the Government have been able to increase the pension by the rate of inflation as from September is to their enormous credit. It is an enormous bill and the Government cannot do everything.
I completely agree that the Government cannot do everything. It just is not possible. The triple lock is being restored for the rest of the Parliament and I think that, in the circumstances we are in, the Government have done a fine job on that.
My Lords, under the pretence of equality, the state pension age for women has increased from 60 to 66 but women continue to receive a lower state pension than men. Can the Minister explain why women continue to be treated as second-class citizens? When will the Government give them pension equality?
I think that the gap between women’s and men’s pensions is closing—
I am afraid that it is. We honestly believe that, by 2040—if I am correct—it will be equal.
Will the Minister join me in recording sadness that, on this Question today, we did not hear the voice of Baroness Greengross, who was such an extraordinary campaigner on these issues?
I was very sad to hear of the death of Baroness Greengross but I am very happy to agree with the noble Baroness, Lady Hayman, and endorse her work, which was outstanding. She was particularly kind to me in my role.
(2 years, 1 month ago)
Lords ChamberThat the draft Regulations laid before the House on 12 May be approved.
Relevant document: 2nd Report from the Secondary Legislation Scrutiny Committee. Considered in Grand Committee on 20 June.
That the draft Regulations laid before the House on 19 May be approved. Considered in Grand Committee on 20 June.
My Lords, on behalf of my noble friend Lord Benyon, I beg to move the Motion standing in his name on the Order Paper.
(2 years, 1 month ago)
Lords ChamberThat the draft Regulations laid before the House on 11 May be approved. Considered in Grand Committee on 20 June.
(2 years, 1 month ago)
Lords ChamberMy Lords, I am proud to be here today to open this Second Reading debate of the Social Housing (Regulation) Bill. This Bill will transform the lives of social housing tenants up and down the country. Once it is implemented, more tenants will live in decent, well looked-after homes, enjoying the quality of accommodation that they deserve.
However, it is right that we also reflect on the events that have led us to this point. Just over five years ago, 72 people—18 of them children—died as a result of the Grenfell Tower fire. The horrifying scenes that night ought never to have occurred. The situation in which the residents of Grenfell Tower were placed was unforgivable. The fire at Grenfell Tower exposed failures and decades of malpractice. It is vital that we bring about reform and lasting change so that a tragedy such as Grenfell never happens again.
Noble Lords have debated the Fire Safety Act and the Building Safety Act. The Social Housing (Regulation) Bill represents the next step in this programme of change. Social housing tenants, whether in Grenfell Tower or elsewhere up and down this country, have not been treated with the respect that they deserve. They do not always feel safe in their homes. Everyone should be treated with respect. Everyone has the right to feel safe in their home. In 2022, it is a disgrace that there are social housing tenants who are forced to live in damp, cold, unsafe homes. Some tenants wait months for repairs and are ignored by their landlords. We should be ashamed that this takes place. There are many good landlords in the sector. Many provide high-quality, well-managed, well-maintained accommodation. Many listen and care for their tenants, and many run a fiscally sound organisation. However, that cannot be said for every organisation. The Social Housing (Regulation) Bill will change this.
This Bill is short but radical. The Regulator of Social Housing is responsible for landlords who register with it throughout England. The regulator will be taking a new, proactive approach to regulating social housing landlords on the issues that matter most to tenants: safety, so that tenants feel protected in their homes; transparency, so that tenants know what their landlord is doing to resolve their issues and can hold their landlord to account; quality accommodation and services, which we would expect landlords to provide; and complaint handling, so that tenants are listened to and their concerns are effectively addressed. The Bill will drive significant change in how social landlords behave, forcing them to focus on the needs of their tenants. Where they do not do this, they will be held robustly to account.
The Bill has three key parts. The first is a brand-new proactive consumer regime. This is the core of this legislation. The regulator will be empowered to hold landlords to account and to proactively ensure landlords are meeting the consumer standards we expect them to deliver. We are changing the regulator’s objectives. This will put tenant safety and transparency at the heart of everything the regulator does. We are removing the “serious detriment” test so that this is no longer a barrier to the regulator enforcing breaches of consumer standards. We are setting out the powers for the Housing Ombudsman to issue a complaint handling code to its members and to make orders to prevent problems recurring in future following complaints.
The Government are also taking a power to bring forward electrical safety regulations for social housing. We are consulting on mandatory electrical safety checks in the social rented sector, and this will align standards with the private rented sector. The new regime will also mean that the regulator will regularly inspect the largest landlords to ensure they are delivering quality homes and services to their tenants. Landlords will need to appoint a person with specific responsibility for health and safety. There will be a new access to information scheme. This will work similarly to the Freedom of Information Act for landlords not currently captured by that Act. Tenants of these landlords will, under the access to information scheme, have the right to request information from their landlord so they can effectively hold their landlord to account.
The second part of the Bill tweaks the current economic regulatory regime. The existing regime has been highly successful. The regulator has been effective at ensuring social housing landlords are fiscally well managed, and that tenants’ homes are not lost. However, we cannot rest on our laurels. The make-up of the sector is changing. New models for how landlords structure their organisations are popping up. We need to future-proof the current regime. We are tightening the definition of “non-profit” so that malign actors cannot play the system. We are forcing landlords to notify the regulator when they change their corporate form. We are introducing a look-through power so the regulator can follow money paid outside of the regulated sector, to ensure probity.
The third part of the Bill will give new powers for the regulator to take enforcement action when things go wrong. These powers will ensure the regulator can take robust action where landlords are failing to meet standards. There will be no limit on the amount the regulator can fine a landlord. Where a survey uncovers a serious issue with a property that a landlord has failed to fix, the regulator will be able to intervene and carry out repairs to fix the problem.
Noble Lords will wish to note that there will be a few targeted government amendments to this legislation in Committee. Among these, we are adding a provision that companies will be required to notify the regulator when there is a change in control of a housing association, as set out in the social housing White Paper. We are also adding a duty on the Housing Ombudsman to monitor compliance with its complaint handling code and a power for the ombudsman to recover any associated costs from its members.
The introduction of the Social Housing (Regulation) Bill to this House represents a decisive moment for tenants of social housing up and down this country. I beg to move.
My Lords, I welcome the noble Viscount, Lord Camrose, and look forward to hearing his maiden speech shortly.
Before that, Labour welcomes the Social Housing (Regulation) Bill, which introduces long-overdue changes to the social housing regulation regime, five years on from the Grenfell Tower tragedy. However, we regret that what is essentially narrow and largely uncontroversial legislation has taken so long to materialise. Fire safety concerns raised by Grenfell residents had been ignored by their landlord. Residents complained of not being heard and of being treated with indifference. Therefore, we call from this side of the Chamber for higher standards for social tenants. We are extremely disappointed that the Bill does not go far enough in putting tenants at the heart of regulation and governance. The Grenfell tragedy shows that tenants can never again have so little power over their homes.
However, we must set the context in arriving at a judgment on the Bill. There are many social landlords who routinely fall well short on repairs and maintenance and could do far better. However, social landlords do not operate in a vacuum. Years of funding cuts to local authority budgets, as well as the four years during which a Conservative Government imposed a 1% social rent cut on them, have inevitably taken their toll, with the pandemic adding to the problems of housing revenue accounts.
Another major factor is the lack of affordable social housing, which has been exacerbated during 12 years of Tory rule. Successive Governments have not only singularly failed to build the social homes we need over that period but have overseen their loss on an unprecedented scale; 134,483 social homes for rent were either sold or demolished without direct replacement between 2010 and 2021. That is an average net loss of over 12,000 desperately needed, genuinely affordable homes a year.
Unfortunately, the Government’s headline proposals of rating your landlord and allowing a 250-person panel to meet three times a year with Ministers are not the powers residents need. The panel will exist only to scrutinise the measures being proposed in the legislation and will not be able to consider other pertinent issues, such as waiting lists, stigma, rent increases, allocation and housing supply. We need the Government instead to bring forward proper proposals to give tenants more power to take action in both social and private rented sectors. They should look towards the work of the last Labour Government, who introduced the decent homes standard, making available £22 billion of public investment in decent homes and improving the housing conditions of over 1.4 million council homes. By 2009, 86% of all council and housing association homes were brought up to a decent standard.
I reiterate that we support many of the measures in the Bill. However, given the scale of the problem that we know exists in regulating social housing, we want the Government to go further in key respects so that standards in social housing can markedly and rapidly improve and tenants’ complaints can be dealt with quickly and efficiently.
We have concerns about the ability of the Regulator of Social Housing to respond in practice to the volume of individual tenant complaints it is likely to receive and whether it will be inadequately resourced to perform its new role vis-à-vis inspections. We will therefore seek to amend the Bill to allow the regulator to retain the proceeds of any fines levied to help fund its work. We want to see the regulator given more teeth than the Bill currently proposes. We will seek to give it a range of wider powers, including the ability to order compensation for tenants.
Even with an enhanced role, armed with greater powers to regulate consumer standards in social housing, the regulator cannot be the sole redress for tenants. We will seek to have the Bill do more for tenants to enforce repairs themselves. We believe it does not go far enough on a national voice for tenants. At a minimum, the work of the residents’ panel could be shaped more directly by tenants themselves. We will seek to ensure that it can be—for example, by enabling its agenda and terms to be developed via tenant input.
An advisory panel with tenants represented on it will be established by the Bill, but to consider only
“information and advice to the regulator about, or on matters connected with, the regulator’s functions”.
This is not a new idea. In the aftermath of Grenfell, the Government and tenants drew up plans to set up A Voice for Tenants, a national tenant group to work with government on issues affecting those in social housing. To the frustration of tenant bodies involved, it never progressed.
Another possible issue is that the Regulator of Social Housing relies on registered providers to let their tenants know of ways to complain, which means that the worst providers are likely to be the ones to inform their tenants of their rights, and therefore potentially reduce complaints. The White Paper committed to routine inspections only for the largest registered providers—those of more than 1,000 homes—every four years.
Beyond this, there is nothing in the Bill on how tenant voice and engagement will work in practice at the local level. It would allow, but not force, the regulator to set standards relating to the information landlords provide to tenants. Examples are mentioned in the draft regulations.
Safety is the greatest of concerns. The Bill would add generic safety to the regulator’s fundamental objectives. This means that the regulator can now set a standard on safety and enforce against it. The Bill further introduces a new requirement for social landlords to appoint a named individual responsible for health and safety. A separate regulator, the Health and Safety Executive, will also regulate all buildings’ safety when the new regime comes into force.
Currently, fines for non-compliance are capped at £5,000. The Bill proposes giving the regulator the power to issue unlimited fines. Larger fines could be a crucial deterrent to bad practice, enforcing the law against poorly performing landlords and disincentivising the poor treatment of tenants, but questions remain about what the fines would mean in practice, particularly in terms of housing associations passing the cost back to tenants.
The Bill also proposes enabling the regulator to enter and inspect properties with only 48 hours’ notice, down from 28 days, which is a significant change. However, short notice inspections need to be carefully thought through. Finally, the Bill proposes enabling the regulator to make emergency repairs where there is a serious risk. The White Paper stated that the Government were
“determined to increase the supply of new and beautiful social homes”,
yet the Bill is silent on the issues of supply.
I leave my final comments to echo those of David Renard, the Conservative leader of Swindon Borough Council and housing spokesperson for the Local Government Association:
“As well as improving existing homes, the social housing supply is not sufficient to meeting the current housing demand, which is why we want to see long-term plans to give councils powers to build 100,000 high-quality, climate-friendly social homes a year, including reform of the Right to Buy scheme, which has made it difficult for councils to build replacement homes at the rate at which they are sold.”
My Lords, it is a great honour to make my maiden speech in your Lordships’ House today. I start with deep and sincere thanks to the many people who have helped me in the daunting journey of taking up my membership: Black Rod, the Clerk of the Parliaments and their offices; staff at the door of the Chamber and elsewhere; the Whips’ and the spads’ offices; and the many noble Lords on all sides of the House whose warmth, friendliness, encouragement and advice have made joining such a pleasure.
The first Viscount Camrose was my great-grandfather, who started as a journalist on the Merthyr Times—only 40 miles from Newport, I think. He built and grew a remarkable stable of newspapers, both regional and national, including, among many others, the Manchester Evening Chronicle, the Sunday Times, the Financial Times and the Daily Telegraph, which remained in family ownership until 1986. He became a baron in 1929 and a viscount in 1941.
Growing up surrounded by journalists, I concluded very early in life that I never wanted to become one but chose instead to go into management and consulting. As a result, I have had the great good fortune to live and work, as well as in London, in Redcar, in Birmingham, all over Europe, in a number of the great sprawling cities of west Africa, and in the United States. I have worked in international development, shipping, pharmaceuticals, oil and gas, financial services and manufacturing. Through these experiences, I have developed a strong interest in what makes people and the organisations they work for productive. Few of life’s experiences offer more satisfaction than a productive working day, and it has been and remains my purpose to provide as many of those to as many people as possible.
It is through that lens that I would like to comment on this Bill. Looking at it, as I would, as a management consultant, I suggest that we need to ask ourselves two questions. First, are the residents of social housing going to be made substantially safer and better accommodated by its provisions? Secondly, does it effectively balance the needs of providers of social housing and residents? As for the first point, I welcome the requirement on providers to appoint health and safety leads with the authority, capacity and resources to take responsibility for building safety. Few things get more in the way of risk management and incident preparedness than ambiguity—ambiguity over who is supposed to make decisions and who holds the budget to pay for the changes that those decisions require.
I am sure that we all recall with horror many different details of the Grenfell disaster, but one that sticks in my mind is the fire extinguishers that had been marked down for decommissioning by one team but were never actually decommissioned because it was not clear who was supposed to be doing so. That is why it is so valuable to make a single properly resourced person accountable for all safety decisions.
As to my second question on balancing the needs of social housing providers and residents, I am encouraged by the primacy of the tenant in these new regulatory arrangements. Although, of course, the priority is to offer safe homes of good quality to residents, we have to make sure that providers are willing to enter the market and compete. On this basis, I welcome the primacy of the tenant in the Bill, because it aligns the interests of all three parties: the tenant, provider and regulator. To satisfy the tenant is to satisfy the regulator, and I welcome the clarity of this direction.
If the Bill has been a long time in coming, that time has clearly been spent in taking considerable pains to design, through the Green Paper, call for evidence and White Paper, what we can all hope will have a transformational effect on the social housing sector.
Finally, it is worth reminding ourselves of the context for benefit-dependent tenants: the tightening public purse; a continuing dearth of affordable housing, worsened by the rise of Generation Rent; and, of course, the uncertainties of inflation. In these highly pressured circumstances, we need more homes and more providers to enter the market. I suggest that a stable, balanced regulatory environment for social housing will go some way to encouraging them to do so.
My Lords, it is a real pleasure to be the first to compliment my noble friend on his maiden speech. He has entered the Benches on this side of the House the hard way. He had to compete against a substantial number of well-qualified candidates who applied for the vacancy, whereas the rest of us, such as me, simply had to catch the eye of the Prime Minister of the day. I see with him in the House some of his recent fellow successful candidates, all regular attenders, in collective defiance of the Private Member’s Bill of the noble Lord, Lord Grocott.
My noble friend has built his career independently of the publishing tradition with which his family is associated, and, as we have heard, brings to your Lordships’ House a range of highly relevant abilities and interests, ranging from the oil and pharmaceutical industries to issues of governance and corporate management, and he has developed them in all parts of the globe. One of his particular concerns is that people and organisations cannot fulfil their full potential because they are not productive, particularly those who are out of work. The biggest problem facing this country today is poor productivity, and I look forward to his contributions to that debate. I also particularly welcome him to the ranks of those on this side of the House who take an interest in housing, and agree with what he said about the need to invest more in housing and social housing. I know the whole House will join me in welcoming my noble friend, and we look forward to his future contributions.
Turning to the Bill, I am grateful to my noble friend the Minister for the meeting he arranged to discuss it, which was attended by the noble Lord, Lord Best, and me. The noble Lord’s travel arrangements have precluded him attending due to disruption on LNER. I can tell my noble friend that, as a result of that meeting with him, I will not be causing him the distress that I know I did during the passage of the then Building Safety Bill.
I have three issues that I want to raise with my noble friend. The first concerns Clause 2 and the advisory panel. The Bill provides for a statutory advisory panel. I welcome the idea, but why does it have to be statutory if its role is simply to give advice? The Housing Ombudsman also has a panel of advisers created in 2018, but that is not statutory and seems to work perfectly well. There are many other instances of panels and advisory boards dotted around Whitehall which are informal. Making this one statutory could raise costs, make it subject to judicial review, make it less flexible and will require primary legislation if it were to be abolished. Is this a bit of gold-plating that we do not really need?
How does this panel relate to the one that was set up a year ago? In August last year, Minister Eddie Hughes announced a new expert panel to advise the Government on the delivery of the social housing White Paper. That was non-statutory, with 14 members to deliver on the reforms. Are these the same people who will form the panel in Clause 2, whose objectives seem to be exactly the same as the expert panel, or are we to have two panels with similar objectives, one statutory and one non-statutory? Perhaps my noble friend can shed some light on this.
My second issue concerns the relationship between the two bodies to whom social tenants can now complain. A social housing tenant can complain to the Housing Ombudsman, and now to the Regulator of Social Housing. I am all in favour of avenues through which tenants can seek redress, but there must be some risk of duplication here. It is clear from the Bill that the Regulator of Social Housing can have a direct line of communication with tenants. The social housing White Paper expects:
“The Regulator of Social Housing to undertake specific, reactive investigations and/or inspections where appropriate. This could be when a serious potential compliance breach has been brought to its attention by tenants”.
The briefing notes that accompanied the Queen’s Speech also referred to the powers of the regulator to arrange emergency repairs to tenants’ homes following a survey, and to a guarantee that the regulator will be able to act more quickly where it has concerns about the decency of a home. Therefore, the regulator also has the means to rectify complaints itself, as contained in Clause 24.
These are not powers that the Housing Ombudsman has—his role is to resolve disputes. He can make awards and recommendations, but he cannot, for instance, enter premises to remedy specific failures. If I was a tenant, and particularly if there is a backlog of complaints to the Housing Ombudsman, I would head for the Regulator of Social Housing, since he has more powers. However, there is a further overlap where there is scope for confusion. The Housing Ombudsman does not just resolve complaints: he has broader objectives that seem to trespass on the territory of the regulator. For example, the Housing Ombudsman uses insight and data to identify trends in complaint types and carries out thematic investigations into issues affecting the sector, producing regular “spotlight reports”. He investigates systemic issues relating to individual landlords. He can share expertise, insight, experience and learning to influence the sector to drive a positive complaint-handling structure. These objectives are emphasised in the corporate plan for 2022-25.
However, those powers of the Housing Ombudsman are very similar to the powers given to the regulator in Clauses 17 and 21, and to the objectives set out by the Minister. Paragraph 1 of the Explanatory Notes tells us that:
“The intent of this Bill is to reform the regulatory regime to drive significant change in landlord behaviour to focus on the needs of their tenants and ensure landlords are held to account for their performance.”
However, that is just a shortened version of what I have just read out about the ombudsman.
This brings us to Clause 4. The Explanatory Notes refer in more diplomatic terms to the potential conflict I have just referred to:
“The regulator and the housing ombudsman both have a role in overseeing the performance of social housing landlords”.
But that is the problem. They then refer to the memorandum of understanding between the two. Officials kindly sent it to me, but it does not deal adequately with this overlap. It should be rewritten, with greater clarity about who does what, and to avoid duplication. It is not enough to say, as it does at the moment, that they should
“seek to promote understanding about their respective roles.”
I hope my noble friend can reassure me that this overlap will be addressed.
Finally, I turn to issues which will be raised by the noble Baroness, Lady Hayman. She is commander-in-chief of Peers for the Planet and I am a humble spear-carrier, but there is a need to increase energy efficiency in the social housing stock if we are to achieve our climate change objectives. Although the Government set the objective of improving the efficiency of homes, no commitment has yet been made on social housing. Their Heat and Buildings Strategy states:
“We will also consider setting a long-term regulatory standard to improve social housing to EPC band C, with levers required to decarbonise the stock in line with Net Zero”,
but no consultation has yet been launched. The Committee on Climate Change recommended that all properties should reach EPC C by 2028.
Related to this, I refer the Minister to Clause 18, which enables the regulator to issue a code of practice on consumer standards. Will energy efficiency be included in this code, against the background of what I just said?
With those remarks, I end by assuring my noble friend that I welcome the Bill and hope it reaches the statute book soon.
My Lords, I also begin by congratulating the noble Viscount, Lord Camrose, on his excellent maiden speech. Clearly, he has a whole set of skills and experiences that will ensure that his contributions in this House will be highly valuable, as was apparent in his incisive and to the point speech, much of which I agree with and endorse.
Before I go any further, I declare my specific interest as the Church of England’s lead bishop for housing. Noble Lords will know that the Archbishops’ Commission on Housing, Church and Community has been actively working to envision how the Church, government and the nation might tackle the current housing crisis. Last year, the commission released its Coming Home report, which sets out in detail a reimagining of housing policy and practice centred on five core values, which are that housing should be
“sustainable, safe, stable, sociable and satisfying.”
Recently, the Church announced its intention to create a whole new national housing association, which will enable it to become a major provider of social housing. We are committed to doing our part to tackle the social housing shortage, and likewise to working with others to bring about this vision of truly good-quality housing across the nation.
Therefore, I welcome the Government’s introduction of the Social Housing (Regulation) Bill. Many of its measures begin to address issues of transparency and accountability. The removal of the serious detriment test is much needed. As things stand, it is a major barrier to ensuring proactive engagement with tenants’ concerns. It is right to remove it in order to ensure that good living standards are upheld and maintained. The setting up of an advisory panel to amplify tenants’ voices is also very welcome. Too often the concerns of social housing tenants have been ignored or silenced. This must end.
The tragedy of the Grenfell Tower fire demonstrates the urgent need for safety to be a central objective. We must all do everything we can to ensure this dreadful tragedy is not repeated. As the Bishop of Kensington, the right reverend Dr Graham Tomlin, said at the recent five-year memorial service,
“what happened at Grenfell was wrong. It was not an unfortunate accident—it was the result of careless decisions taken, regulations ignored, an industry that seemed at times more interested in making profits and selling products than in the precious value of human life and keeping people safe in their own homes.”
I am sure noble Lords will join me in strong praise of the work done by the Bishop of Kensington and the incredible Grenfell community to bring about a safer future for social housing in their community and across the nation.
Therefore, it is only right and appropriate that the Government have now made safety one of the regulator’s fundamental objectives in the Bill. I urge the Government to also consider adding as fundamental objectives the other core values of sustainability, stability, sociability and satisfaction. These can work in complementarity to ensure truly good housing for all.
What plans do the Government have to increase the amount of good-quality social housing stock in the nation that meets these objectives? Recent decades have seen a drastic drop in available social housing. According to Shelter, since 1991 there has been an average annual net loss of 21,000 social homes and more than 1.2 million households are currently waiting for social homes. Millions have been pushed into the private rented sector, often resulting in unstable and unacceptable circumstances of overcrowding or temporary accommodation. We must work together to address this shortage of supply. In doing so, it is essential that we ensure that this is truly affordable housing. Current definitions of affordability fall short. What is classed as affordable should reflect residents’ ability to pay rather than local market rates. Simply building more homes without consideration of their affordability will not solve the housing crisis.
I understand the impetus to fine social housing landlords, but I would be grateful if the Minister could clarify how this will work effectively, given that such fines are likely to take resources from the housing association, thereby potentially reducing its ability to provide services, improvements, tenancy and neighbourhood support, a point touched on by the noble Baroness, Lady Wilcox.
Finally, in addressing the housing crisis, I urge the Government to consider one more essential element set out in the Coming Home report: sacrifice. At present, the cost of the housing crisis falls largely on those who are financially poorest and resident in unaffordable or substandard housing. This is starkly evident at the moment as the cost of living crisis bites as well. The housing crisis will not be solved unless there is a willingness among others in the housing market to share this burden: that means landlords, developers, landowners, homeowners and government. These sacrifices will help ensure a lasting housing legacy that works for us all. A long-term, cross-party housing strategy that brings those at every level of government, together with landowners, developers, landlords, homeowners and faith organisations, is the only way that sustainable and meaningful transformation will happen.
My Lords, it is a great pleasure to speak in strong support of the Second Reading of the Social Housing (Regulation) Bill. I declare my interest as set out in the register. I, too, congratulate my noble friend on a maiden speech of great distinction. It was truly excellent.
It is a great pleasure to follow the right reverend Prelate and to agree with much of what has been said. So far this has been a debate of almost universal consensus, but I take issue with the noble Baroness, Lady Wilcox, with whom I am normally totally in agreement, and point out to her that many of these problems are of long standing and did not suddenly arise in 2010. Nevertheless, she made a great stump speech and I know the noble Baroness is very capable of that.
Any fair-minded person would say that it is high time that we responded to the Grenfell fire with this legislation. We do that here and I congratulate my noble friend on the legislation, which is totally appropriate. The proactive regulation regime being introduced and the refining of the regulatory position are desirable, as are the strengthening of enforcement powers and the toughening up of enforcement rules. That said, when my noble friend responds to the Second Reading, will he deal with some of the costs on the social housing regulator that may be increasing and seal off that issue? I am not sure whether the costs are considerable or not.
These regulations will govern 4 million households; that is significant. They will help give some closure to the people involved in the Grenfell fire. I was Minister in the department at the time and I remember the lasting horror of that as if it were yesterday—it has been quite a long while now. I think this will help give some sort of closure, as will decisions on prosecutions, although I recognise that this is well outside my noble friend’s control as a Minister. Not all government Ministers recognise that there is a division of powers but I know my noble friend does. I am conscious that, while no doubt progress is being made, it is somewhat slow.
I am very pleased that there is something specific on electrical safety checks in the legislation that we will be considering. Members will recall that, although the cladding obviously made a massive contribution to the spread of the fire, in legal terms it was caused by an electrical fault. I pay tribute here to the work of Electrical Safety First, an excellent organisation led by Lesley Rudd, Ron Bailey and others, which does first-class work in this area and has been focusing attention on the need to extend electrical safety checks from the private sector to include the social sector. The Bill will do just that. I hope that the consultation going on in parallel with this will be comprehensive and will look at all checks of installations of appliances so that we can deal with an all too common cause of housing fires in our country. Again, that will be a welcome development if, again, somewhat late.
I join my noble friend Lord Young in asking about the relationship between the housing ombudsman and the regulator; I am not clear in my own mind how that would work and would be grateful for any clarity. I also join him as another spear carrier behind the chariot of the noble Baroness, Lady Hayman, as it proceeds in the fight on climate change and related issues, in this case particularly including energy efficiency. We will be looking at that keenly as the legislation progresses. Nevertheless, we should all give a warm welcome to this legislation; no doubt we will seek to improve it as it goes through Committee and Report.
My Lords, I add to the compliments to the noble Viscount, Lord Camrose, on a most thoughtful and interesting speech. It was something to ponder on and I am sure that, in further contributions to the housing debates, it will be possible to expand on some of his thoughts and ideas. I am also delighted to follow the noble Lord, Lord Bourne of Aberystwyth, with whom I share a number of interests.
I am pleased today to welcome unreservedly the Social Housing (Regulation) Bill, as others have. It is vital legislation, which will give residents a much more powerful voice when it comes to the homes in which they live. It is an important part of the response to the horrific events at Grenfell Tower five years ago. The Bill goes a long way to address constructively some of the key issues that matter most to residents and social housing providers, including quality of services, safety and performance.
I declare an interest as chair of the National Housing Federation, the trade body for England’s housing associations, a position I have held since 2015. During my tenure in this role, which draws to a close in September, I have been privileged to see first-hand the ways housing associations work tirelessly to deliver good-quality, secure housing for millions of people across the country. The important role that housing associations and social housing can play in every community was highlighted to me during the pandemic, when the sector galvanised at speed to keep residents safe, keep vital services operating and protect residents’ financial security by committing to a no-evictions pledge, which is still in place today.
Most strikingly, however, I have seen from what I regard as a brilliant sector a continued and unfailing commitment to learn and improve where services are not meeting residents’ expectations and needs—and that is exactly why the sector stands behind this legislation. Since the very start of the process of developing the social housing White Paper, from those early conversations with the then Housing Minister and tenants across the country following the Grenfell fire, the NHF and its members have been engaged and proactive in seeking change. There was a clear message from tenants that social housing providers were not always living up to the high standards that we rightly expect from that sector, with its long and proud history of housing people in need. We were not always listening to tenants’ views as closely as we could and should, or responding quickly enough to their concerns.
While it may not always have been easy to listen to such criticisms, the sector is now unflinching in recognising where improvements could be made and is always committed to getting things right. In fact, the sector stepped forward without legislation or government policy decisions to develop, along with residents, Together with Tenants, a sector-wide initiative focused on strengthening the relationship between residents and housing association landlords. Based on a four-point plan and charter, the programme has been delivering tangible changes in accountability, transparency and governance across housing associations since its launch in 2019. To date, 207 housing associations are signed up to the programme, covering 83% of all housing association homes. The NHF was pleased to see Together with Tenants referenced in the White Paper. I am confident that the programme has laid excellent foundations on which the regulations brought forward by the Bill can stand securely.
Furthermore, in the last three weeks the sector has taken a huge step forward in tackling issues of poor-quality housing. Earlier this month it was announced that the National Housing Federation and the Chartered Institute of Housing have worked together to set up an independent panel to make swift recommendations to tackle issues of poor-quality housing in the sector. We have seen from reports on ITV News and campaigns on social media that some residents have been badly let down by unacceptable problems with housing quality and poor customer service. The work of the new panel, chaired by Helen Baker, the chair of Shelter and an expert in housing, social care, health and education, will guide housing associations to tackle these problems head-on.
I am proud to say that the NHF and its members embrace a culture of transparency and openness when it comes to performance in dealing with issues that matter to residents, and we want that to be clear, meaningful and inclusive. We are at a critical point for improving many residents’ experience of social housing, and housing associations stand ready to deliver this change.
As I welcome the Bill, I hope the Minister will join me in welcoming the work that housing associations are already doing to drive up standards. Will he commit to continuing to engage closely with housing associations on what I believe to be vital reforms?
My Lords, I declare my interest as co-chair of Peers for the Planet, although I have to say I rather like the “commander-in-chief” designation given to me by the noble Lord, Lord Young of Cookham. I am grateful to him and to the noble Lord, Lord Bourne—very distinguished spear-carriers—for their anticipatory support.
As others have said, the Bill aims to offer renters of social housing a range of new regulatory standards and expectations, the need for which the tragedy of Grenfell and the inquiries that followed so clearly demonstrated. However, on one area of the regulator’s existing remit, that social housing should be of “appropriate quality”—that is, energy efficiency—the Bill is silent, yet the warmth and the heating costs of their homes is of crucial importance to tenants, particularly those who live in what the Minister described as damp, cold and unsafe homes. I shall therefore focus my brief comments on the importance of energy efficiency.
Back in November, even ahead of Russia’s invasion of Ukraine, the International Energy Agency reported that it considered energy efficiency to be the “first fuel”, as it still represents the cleanest and, in most cases, cheapest way to meet our energy needs. It also highlighted that there was no plausible pathway to net-zero emissions without using our energy resources much more efficiently. The strength of these arguments has been redoubled following the 54% increase in the energy price cap in April, with an expected further 65% increase in October and analysts saying say that this is going to go on until at least 2030.
However, progress appears to have stalled on energy efficiency, and this Bill does nothing to remedy that. In the Clean Growth Strategy in 2017, we heard of a planned consultation on how social housing can be upgraded to energy performance certificate, or EPC, band C by 2030 where practical, cost-effective and affordable. Four years later, in October 2021, in the heat and buildings strategy, a long-term regulatory standard to improve social housing was still being considered.
This Bill is intended to facilitate a new, proactive approach to regulating social housing on consumer issues such as safety, transparency and tenant engagement, about which we have heard in this debate. The cost of keeping warm is a key consumer issue, and yet tenants of social housing are still waiting for that regulatory standard. Welcome as the drip-feed of funding for selected improvements has been, along with the Government’s promises to learn from schemes that have failed in the past, 35% of social housing remains rated EPC D or below. Increased support for energy efficiency measures would address all three points of what has been called the “energy trilemma”.
On the first issue, affordability, the Building Back Britain Commission, made up of chief executives from some of the UK’s biggest housing groups, has argued that £200 a year could be saved just by improving a home’s energy performance certificate rating of D to C. That sum is equivalent to the originally announced energy bill discount—but every year, rather than a one-off. The CBI has made similar points, with Tony Danker asking whether we want a new normal of energy efficiency, or of billion-pound bailouts every quarter. The Committee on Climate Change has also shown how the capital investment needed to get to net-zero building will more than pay for itself through savings on fuel, healthcare and other costs.
On sustainability, domestic heating accounts for 21% of UK greenhouse gas emissions. The vast majority of homes still rely on natural gas for heating, meaning that every kilowatt hour of energy saved will help us to meet our commitments under the Paris Agreement and our domestic legally binding net-zero target. Regarding homes heated by electricity, it will help by lowering demand in the coldest months of the year, when our museum-piece coal-fired power stations are most often brought out of retirement for additional capacity.
On security of supply and cost, the same considerations apply. Every unit of energy saved will help us to reduce our dependence on imported gas and, indeed, on North Sea oil and gas, which is in any case traded on the global market and priced accordingly.
There is in fact a fourth point: the impact on employment opportunities and levelling up. The Construction Industry Training Board has estimated that net-zero homes will create more than 200,000 new jobs, and energy efficiency retrofits in particular are expected to provide new jobs as an important part of the green recovery. The building back greener commission has also shown that the homes which stand to gain most from government intervention are in areas designated as needing levelling up.
When will the long-term regulatory standard for social housing be brought forward? Will the Government commit to the same trajectory for social housing as they set out for private renters in the heat and buildings strategy? Of course, addressing energy efficiency in social housing is only one part of a necessary wider national strategy to reduce energy demand, but the Government are even further behind on their commitments on social housing compared to other housing types. This Bill provides a perfect opportunity for the Government to put their outstanding public commitments on a statutory footing, setting out a detailed trajectory for meeting them. I look forward to hearing from the Minister a clear plan and timetable for doing so.
My Lords, as others have said, the Bill is in part a response to the Grenfell Tower fire. I reiterate my condolences to the family and friends of those who died in that tragedy.
On these Benches, we welcome the Bill, although we wish it had been brought before us much earlier. After all, it stems from the Green Paper, A New Deal for Social Housing, which was published almost four years ago. Personally, I particularly welcome the removal of the serious detriment test. I also hope that the regulator and the ombudsman will have sufficient resources to carry out their enhanced responsibilities once the conflicts between their respective roles, raised by the noble Lord, Lord Young of Cookham, have been resolved.
I want to raise just three issues. The first two relate to electrical safety, which I raised during the passage of the then Building Safety Bill when I drew attention to the large number of property fires caused by faulty electrical installations or appliances, some with devastating consequences. As we have heard from the noble Lord, Lord Bourne, in the privately rented sector, it is already a mandatory requirement to have safety checks on electrical installations every five years but there is currently no similar requirement in the social rented sector despite the social housing charter specifically stating this:
“Safety measures in the social sector should be in line with the legal protections afforded to private sector tenants.”
I moved an amendment to the Building Safety Bill to try to rectify this. Sadly, it was rejected at that time by the Government on the grounds that it would lead to an added burden on the new safety regulator and would
“distract it and hinder its success”.—[Official Report, 29/3/22; col. 1403.]
However, in a remarkably short space of time, there has been a welcome change of heart, following the Government’s own working group concluding that five-yearly checks on electrical installations in social housing should take place. As the noble Lord, Lord Bourne, pointed out, consultation is already under way on the details of introducing such a measure.
So, with just one reservation, I warmly welcome Clause 10, which provides powers to the Secretary of State to do so by way of regulation. However, a careful study of Clause 10’s proposed way of achieving this—by amending Section 122 of the Housing and Planning Act 2016—reveals that the Secretary of State does not have to make any changes; merely that he may do so. Will the Minister give an assurance that, following the consultation, the Government will commit to ensuring that “may” becomes “must” so that the pledge to ensure the parity of social tenants with private tenants is honoured?
While faulty electrical installations can cause fires, so, too, can faulty electrical appliances, as was tragically the case in the Grenfell Tower fire. I have previously drawn attention to regulatory deficiencies regarding the safety of electrical appliances. For example, shopkeepers are responsible for the safety of electrical products they sell whereas, under current legislation, online marketplaces are not responsible for the safety of products sold by third parties on their platforms. Again, unfortunately, my amendment to the then Building Safety Bill to rectify this did not find government favour. Yet, with more and more electrical appliances being bought online and evidence that, in London at least, a disproportionate number of electrical fires happen in social homes, the Bill could be a vehicle to address this issue. Will the Minister have another change of heart and consider doing so?
I recognise that some progress is being made. The Government state in paragraph 89 of the consultation paper, previously referred to, that there should be at least a legal requirement for the regular testing of those electrical appliances that are provided by social landlords. Given the clear intention of the Government to do that, can the Minister explain why there is no enabling clause in the Bill? Will he agree to bring forward an appropriate amendment to ensure that there is?
Finally, as many other noble Lords have done, I turn to energy efficiency, so powerfully referred to by the noble Baroness, Lady Hayman, just now. Not least in the current energy crisis, one of the most important ways of improving social housing is by improving the energy efficiency of such properties, thus reducing energy bills and excess winter deaths, and improving the quality of life for residents. As the Minister knows, I have frequently raised the issue of the need for a coherent national plan for energy efficiency in all forms of tenure; this is supported by many organisations. As we know, the Building Back Britain Commission has argued that energy bills could be reduced by £200 every single year just by improving a home’s energy performance certificate rating from D up to C.
As others have done, we recognise that the retrofit industry is needed to deliver this and the Government’s oft-repeated target of getting all fuel-poor homes to EPC band C by 2030, and all others there by 2035. Having been let down so many times, the industry says that it would be much more likely to invest in equipment and training with the certainty provided by putting those targets into legislation. Yet the Government have repeatedly refused to do this; frankly, I still fail to understand why.
More specifically, as we have heard in relation to social housing, in the Heat and Buildings Strategy published last October, the Government said:
“We will … consider setting a long-term regulatory standard to improve social housing to EPC band C, with levers required to decarbonise the stock in line with Net Zero”.
As others have pointed out, the strategy continues:
“We will consult the sector before setting any regulatory standard”.
I join others in expressing real concern that that consultation has not yet started. I hope that the Minister will be able when he winds up to explain why not and tell us when it will commence.
Can he also explain what the legislative process will be to introduce the necessary new regulatory standards once agreement on them has been reached? Surely this Bill is an ideal vehicle for doing so, and an amendment to achieve that would be very welcome. While welcoming this overdue Bill, I believe that there are several missed opportunities, which I hope will be rectified during its passage through your Lordships’ House. I look forward to the Minister’s response.
My Lords, I draw attention to my interests in social housing, in particular as the chair of Look Ahead, a small housing association in London. Like other noble Lords, I warmly welcome this Bill, which will support stronger and more proactive consumer regulations and the inclusion of further health and safety requirements in social housing to protect tenants.
The National Housing Federation provided a very useful briefing for today; it has been detailed by the noble Baroness, Lady Warwick. I particularly want to talk about its recommendations that the Government should seriously consider the potential costs of the ombudsman and regulator in taking on these new responsibilities, and ensure that there is effective funding so that they can conduct them properly. Can the Minister clarify what funding will be made available to ensure that the aims of the Bill can be achieved at pace within sound government structures?
In all the briefings received—including those from Shelter and Electrical Safety First, already referred to by other noble Lords—issues arise with the proposed electricity checks. Will such checks include appliances such as white goods, for example fridges, as well as main electrical installations for sockets and lights? We know—again, as other noble Lords have said—that the Grenfell Tower tragedy was linked to such an issue. New white goods are expensive. What will happen if tenants’ own white goods fail assessments for safety? Will they be removed? How will people afford replacements? These are really important issues for social tenants.
It is clear that social landlords will need sufficient powers to gain access to properties if they are truly to make sure that large buildings are fully assessed for electrical safety. Should safety checks cover leasehold properties in social housing blocks as well as homes that are rented out?
If the new proactive consumer regulation regime is adopted as outlined in the Bill, are the Government confident that the definition of “social rented sector” is sufficiently detailed? The statistics in the Library briefing suggest that the social rented sector provides homes for 4 million households, or, perhaps more importantly, one-sixth of all households. The Bill and briefings received appear to make no mention of shared ownership properties, which are a particular interest of mine, as the Minister knows. Many shared ownership households own only a quarter of their homes and pay social rent to housing associations on the remaining 75%. Is there a need for an amendment to the Bill to clarify the rights and responsibilities of both parties involved in shared ownership, particularly with regard to safety checks and the costs of putting things right? Under current legislation, I suggest that these will fall on the tenant, rather than the housing association, and I would welcome clarity on this.
Other noble Lords spoke eloquently about the positive aspects of the Bill, and it will certainly improve the lots of tenants if enacted. I look forward to working with the Minister and Members on all sides of this House to make revisions in areas where further definitions may improve the Bill, particularly with regard to the rights of shared ownership tenants, many of whom work in the public sector and are already suffering with the cost of inflation, before the mortgage element of their shared ownership increases.
My Lords, I draw the House’s attention to my role as a vice-president of the Local Government Association and a non-executive director of the Hertfordshire Housing Conference. From these Benches, I congratulate the noble Viscount on his maiden speech; I am delighted that he is joining the housing geeks, and I am sure that he will make an excellent contribution.
As always in your Lordships’ House, this has been a thorough and wide-ranging debate, from my noble friend Lord Foster’s comments on electrical safety to the timely reminder of the noble Baroness, Lady Hayman, about the importance of energy efficiency in poverty and quality housing. As ever, many points of detail will emerge during Committee, and I suspect that the Minister will have his hands full.
Many noble Lords have reminded us that the catalyst for this was the tragedy at Grenfell Tower and the subsequent shocking discovery that repeated concerns about fire safety were raised by residents but fell on deaf ears. In week 80 of the inquiry, evidence was found of
“wilful blindness and complacency towards safety”.
Those are strong and shocking words indeed. So all of us who are working on the Bill will work to change such negative cultures and root out and eradicate poor providers.
Conversely, many landlords are good or very good and are already actively changing their performance measures, becoming more transparent and engaging better with their tenants. They have not stood by and waited for the inquiry outcomes or for legislation to be passed, as was detailed by the noble Baroness, Lady Warwick of Undercliffe, in the role that she is, sadly, giving up soon.
Had my noble friend Lady Pinnock been allowed to speak—she was delayed by the same rail problems that have deprived us of the wisdom of the noble Lord, Lord Best—she would have said that we applaud and support much in the Bill. At its heart is the expansion of the powers of the Regulator of Social Housing and the removal of the “serious detriment” test; these are two sides of the same coin and must have equal balance. The removal of the “serious detriment” test is an essential tool to allow intervention before a crisis point, by which time it will or could be too late, as we know and as the right reverend Prelate the Bishop of Chelmsford pointed out.
I note the expanded Housing Ombudsman Service has seen a massive increase in casework, and it may take more than the memorandum of understanding to clarify all the roles and responsibilities and ensure effective partnership working to cut out duplication and overlap. These concerns were forensically dissected by the noble Lord, Lord Young of Cookham. I will also ask how the Government will ensure that both the regulator and the ombudsman have sufficient resourcing to enable them to effectively conduct their duties, as mentioned by the noble Lord, Lord Bourne of Aberystwyth, and the noble Baroness, Lady Watkins, whose comment about shared ownership was particularly pertinent—this was not something that I was aware of, and her points were very well made.
Giving the regulator Ofsted-style powers is fundamental to successful change. From my own experience—it was first introduced while I was assistant head in a large secondary school—I believe that it is the right way to go. At first, it was draconian, top-down, massively intrusive and a heavily judgmental process—a far cry from the friendly old inspectors and advisers we were used to seeing to, but largely ignored. However, it was a very, very necessary change. A key factor in its success was the certain knowledge that there would be very regular inspections, not a one-off so that schools could paper over the cracks, hope for the best during the inspection week and then breathe a sigh of relief when the inspectors left on Friday afternoon. It was known that they would be back and approximately when—it kept us on our toes for years, until we learned to absorb the new normal of continuous improvement and performance management. Therefore, we will be looking to strengthen the Bill along those lines.
I say to the Minister: because it will take time for the regulator to be tooled up with enough trained inspectors and for the whole inspection regime to be established, surely the regulator’s activity will initially prioritise intervention with landlords who are experiencing the most severe challenges. Will the Government then work proactively with the National Housing Federation and the Local Government Association to ensure that there is a proportionate, risk-based and outcomes-focused approach to inspection that satisfies everyone?
During the passage of this Bill, we want to look at broadening the focus of the inspection to also include each provider’s work on homelessness. The inspection process will, of necessity, mean that landlords will focus on what can be measured. We think that the homelessness provision aspect needs to be given some weight in any judgment. Surely it is also part of the regulator’s remit to look closely at why the landlord is failing, and not just to say that it is failing. Is it the endemic culture of the organisation or financial capacity? Each requires very different responses—and that is where the PIPs will be very important. For the former, change takes time, which is why we believe that reviews and more regular inspections will be needed. For the latter, with below-market rents being a very necessary feature of social housing, the reality of each landlord’s financial situation must be recognised.
To support council landlords, will the Government agree to prioritise reforms that remove the financial constraints on councils, including the ability to retain 100% of right-to-buy receipts with no restrictions on their use—I apologise to the Minister for sounding like a broken record on that issue—and reform social rent policy to allow a longer period of annual rent increases for a minimum period of at least 10 years? On the topic of money, it is also worth noting that, while the removal of the fine cap is a deterrent, could the Minister assure us that it is intended to be a penalty of last resort? This is because—as another noble Lord mentioned; I hope I will be forgiven for forgetting whom—tenants will, in effect, be the ones who pay that fine through their rent.
I say to the Minister that it is clear that there is a lot riding on this Bill, which is why we will be looking to put amendments down to look at regular reviews and progress of the whole sector as the years go by. If there is a weakness, we believe that it is around the tenant voice being heard, as was very passionately articulated by the noble Baroness, Lady Wilcox of Newport. Indeed, the residents advisory panel falls far short of a meaningful voice for tenants, and there is a real danger that, as it stands in the Bill, it will effectively just be a short-term token gesture. In this regard, we feel—to use my old teacher parlance—that the Bill could do better.
Finally, I want to put on record that despite the shameful tragedy of Grenfell and other high-profile failures of housing providers, it is still true that millions of people and their families living in one of the sector’s 4.5 million homes are, for the most part, glad to be in this sector rather than the private rented sector. As one resident said to me when I joined her when she moved into her brand-new council house, “I feel like I have won Willy Wonka’s golden ticket—a safe, stable roof over our heads, a rent I can afford and a landlord who appears to listen.” That is, always will be, and must be the sector’s mission. I look forward to working with your Lordships on this important Bill because, sadly, we know that this is not the case across the board or this Bill would not be here today and it would not have the very clear cross-party and outside consensus that it seems to command.
My Lords, this has been a fairly short but excellent debate on this Bill, enhanced by the really good speech of the noble Viscount, Lord Camrose. I warmly welcome him to this House and look forward to his future contributions.
As my noble friend Lady Wilcox said in her introduction, we welcome this Bill, which, as we have heard, introduces long-overdue changes to social housing regulation some five years after the Grenfell Tower tragedy, where safety concerns raised by residents had been ignored by their landlord. I join the right reverend Prelate the Bishop of Chelmsford in praising the Grenfell campaigners for continuing to press for these much-needed changes to the law.
It is worth noting that, since 2010, the Government have reduced tenant representation, abolishing the Tenant Services Authority, abolishing National Tenant Voice, and removing national funding through the decent homes programme. The Bill today represents a crucial opportunity to put this right. However, while the Bill is very welcome, we also feel it is disappointing that it does not go far enough in putting tenants at the heart of regulation and governance. We believe it needs to focus more on tenant empowerment and representation.
My noble friend Lady Warwick of Undercliffe talked about the important role that housing associations play in providing support to people in need. While many provide good and excellent service, unfortunately that is not the case for all. There needs to be a proactive inspection regime for the Regulator of Social Housing that monitors all providers and not just those it suspects might not be compliant with consumer standards. We believe that the regime announced by the Government falls short of this.
We welcome the key focus of the Bill to enhance the regulator’s consumer standards regulatory regime. Again, as the right reverend Prelate the Bishop of Chelmsford said, we also welcome the removal of the “serious detriment” test, which other noble Lords have mentioned. This is a long-awaited change and will give the regulator more power over consumer standards and broaden the monitoring and enforcement powers.
The Bill enables the RSH to issue a code of practice, as we have heard, for its consumer standards. That will match the approach taken for economic standards. This will help providers have a better idea of what is expected of them and tenants to have a better idea of what to expect from their landlords. However, we believe it should also establish a grading system for these consumer standards, in line with what currently exists for economic standards.
We have heard about the introduction of tenant satisfaction measures. Again, we welcome this, but there must be transparency and accountability throughout the regulatory process, especially since social housing tenants have limited ability to have any choice in their landlord.
We have heard that the Bill enables the RSH to deregister a private registered provider for failing to meet a regulatory standard. We believe this sends an important message to providers but does not offer any additional security or compensation for the tenants of deregistered providers. I ask the Minister: will the Government look at this?
It is important to note that, to raise standards in social housing, new legislation must be properly resourced for the regulator to be truly proactive and to deliver a decent homes standard fit for the future and robust requirements for strong tenant representation within the regulatory system.
We have heard much about tenant representation in today’s debate. The Bill has a greater focus on transparency and making information available to tenants, but transparency alone, although important, is not enough to drive the kind of change that we need to see. The only provision in the Bill that is directly related to tenant representation is the requirement to set up the advisory panel. As my noble friend Lady Wilcox and the noble Baroness, Lady Thornhill, mentioned, we need more than this. I would be interested to know the Minister’s response to the suggestion from the Mayor of London on the creation of a commissioner for social housing to address underrepresentation across the sector and across government. What does the Minister think about that suggestion and whether it would help?
My noble friend Lady Warwick of Undercliffe welcomed the work that housing associations are already carrying out to drive up standards. We absolutely support those housing associations that are doing important work on that aspect. We are also pleased to see that the Bill introduces performance improvement plans and states that tenants can make a written request for a copy of their provider’s performance improvement plan. The Government need to establish a clear communication channel between tenants and the RSH so that tenants can share information about whether and how their landlord has been taking action. As the noble Baroness, Lady Thornhill, said, we need to know where there are failings and why.
We have also heard that the Bill removes the cap on fines and about the Secretary of State’s power to amend the value of fines. This flexibility is welcome, especially as it allows penalties appropriate for the serious harm that tenants may endure as a result of poor standards. However, we also believe that the different thresholds need to be clearly stated so that there can be full, public accountability for any enforcement action. The noble Lord, Lord Bourne of Aberystwyth, asked about costs. Enforcement and inspections will of course need significant resources, so I am interested in the Minister’s response to his questions.
We welcome the Bill’s strong focus on transparency and access to information. Because measures relating to transparency and information are important, keeping tenants informed about landlord performance and governance should be matched with robust requirements for tenants to be able to discuss this with their landlords. We believe that we should have a goal for landlords and tenants to work together to reduce the likelihood of things going wrong in the first place, rather than just retrospective accountability for poor performance.
There has been much discussion about the Housing Ombudsman scheme and the relationship between the ombudsman and the RSH. We know that the Bill puts into law the ombudsman’s code of practice. The noble Baroness, Lady Watkins, asked a number of important questions about resources in this regard and the nature of safety checks and assessments. I look forward to the Minister’s response to her questions.
Confidence in the complaints system is as important as the robustness of the system itself. Complaints handling is itself the second most common complaint to the ombudsman after property condition. Improving the system must be a priority and the ombudsman will need to be properly resourced to deliver this, especially as it has had a significant increase in casework, as referred to by the noble Baroness, Lady Thornhill. I am also particularly interested in the Minister’s response to the question from the noble Lord, Lord Young of Cookham, about the power of the regulator regarding complaints, how that will operate alongside the ombudsman and the potential for any confusion.
We welcome the requirement for registered providers to designate a person to act as lead on the provider’s compliance with its health and safety obligations towards tenants. This is very important.
Finally, a number of noble Lords talked about electrical safety standards, particularly the noble Lord, Lord Foster of Bath, who I know has an interest in this. We welcome the proposal in the Bill to impose electrical safety duties on registered providers to ensure that safety standards are met when premises are occupied under a tenancy. The noble Baroness, Lady Hayman, highlighted the importance of pushing for energy efficiency in social housing. This is increasingly essential; as she said, social housing often has very poor ratings for energy efficiency and, as we look at the increased costs of energy and the increase in fuel poverty, we really need to tackle this, both to support people who are struggling to make ends meet at the moment but also as a crucial step to achieve net zero. As the noble Lord, Lord Young, asked, will energy efficiency therefore be included in the code of practice? This is very important and I think would have support from right across the House. I look forward to the Minister’s response and to working with him and other noble Lords to improve the Bill as it progresses through your Lordships’ House.
My Lords, I thank everyone across the Chamber for contributing so constructively to the spirited and very wide-ranging Second Reading. The debate once again highlighted the breadth and depth of noble Lords’ expertise and I congratulate my noble friend Lord Camrose on an excellent maiden speech. He comes with really practical skills—probably more practical than the scribblers out there, even though his family includes very distinguished owners of many of the titles that many of us read today. I am looking forward to his measured and thoughtful contributions to this House over the coming years.
Across all the contributions today there has been a consistent concern to ensure that tenants of social housing receive the housing and respect that they deserve. I share this concern. The Bill will deliver extensive and much-needed reforms. It will continue to drive forward the once-in-a-generation change required to make sure that tenants live in decent, safe and secure homes and are treated with respect. I join the noble Baroness, Lady Hayman of Ullock, in praising the contribution of the Grenfell community in advancing this important agenda. I will do my very best to address as many of the points raised as I can—again, this has been an incredibly wide-ranging debate.
A number of questions focused on the supply of social housing, including the contributions from the right reverend Prelate the Bishop of Chelmsford and the noble Baroness, Lady Wilcox. This legislation is not about supply, as I think they both realised, but we are committed to increasing the supply of affordable homes. We have invested more than £12 billion in affordable housing over the five years, but we recognise the need to build more social rented housing, which is why this current programme of affordable housing is seeking to double the number of social homes we are building to 32,000. I noticed the focus in the excellent speech by the noble Baroness, Lady Wilcox, on the decent homes standard. There is no greater sign that the Government recognise the importance of the decent homes standard than trying to extend it into the private rented sector. It is about raising quality, irrespective of whether you are a social tenant or a private tenant, so we improve quality in the round.
In response to the noble Baronesses, Lady Warwick and Lady Thornhill, I undertake that we will continue as a Government to work closely and engage closely with both the National Housing Federation and the Local Government Association as we bring forward these reforms and improve regulation.
A number of noble Lords, in particular the noble Baroness, Lady Wilcox, raised the issue of why it has taken so long to introduce the Bill. We have to recognise that the Bill is just one of many reforms that the Government have delivered in response to Grenfell Tower, including the Building Safety Act and last year’s Fire Safety Act. We spent time listening to residents, as pointed out by my noble friend Lord Camrose. We had to hear at first hand about their experiences and how they wanted a sea-change. More than 8,000 residents contributed to these discussions, including the bereaved, survivors and residents of the Grenfell Tower tragedy. There has been a process: a social housing White Paper, which we consulted on, then we responded to the consultation, and now we are moving to legislation. It is important to get these things right.
A number of noble Lords asked about funding for the new regulatory regime, including the noble Baronesses, Lady Wilcox, Lady Watkins and Lady Thornhill, and my noble friend Lord Bourne. We are making significant changes to the regulator, which will drive change in the sector and improve the lives of social housing residents. Given the scale of reform, it is likely that the regulator will need to double in size to deliver the strengthened consumer regulation regime. Further work will be carried out to determine the exact cost of delivering the new consumer regulation regime, in part because the regulator will need to design and consult on the new regulatory framework following the passage of this Bill.
However, the Government are committed to ensuring that the regulator has the resources it needs, both to deliver the new consumer regulation regime and to continue effectively regulating on its economic objectives. A new fees regime will need to be developed for when the new consumer regime has been implemented. This will be subject to engagement and formal consultation with stakeholders. Government policy is to maximise the recovery of costs through fees in the same way that the regulator already does.
As the right reverend Prelate the Bishop of Chelmsford raised, issuing fines is one of the enforcement powers the regulator can use. It is not the only one, and it is for the regulator to decide on the appropriate sanction depending on the circumstances. Government rent policy limits the maximum amount of rent that the social landlord can charge, subject to certain exceptions. It is down to the regulator to get the system of enforcement right, and there are protections on rent levels.
I point out to the noble Lord, Lord Foster, in particular that the vast majority of the cost associated with this regulation, estimated at some £174 million, is largely a result of the requirements on providers to perform five-yearly electrical safety checks. That is certainly the largest source of cost. I know that he, in exhorting me to move from “may” to “must”, recognises that we do not want to pre-empt the consultation on electrical safety measures for social housing. However, we are obviously looking at the financial impact of that and would not be putting those powers in the Bill if we were not very serious in our intention to level up between private and public housing.
The noble Baroness, Lady Watkins, asked a difficult question about how the electrical safety power and associated costs affect shared ownership properties. I was scratching my head; I undertake to write to her with details on this critical issue.
The noble Baronesses, Lady Wilcox, Lady Thornhill and Lady Hayman of Ullock raised the issue of how we listen to tenants’ voices. We launched this social housing quality resident panel only in March, which brings together social housing residents from across the country so that they can share their views with government and Ministers. Let us see how that plays out. However, I note that the Mayor of London has called for a commission. We will look at that seriously and, I am sure, respond to those points.
The noble Baroness, Lady Wilcox, has really been into the details of this Bill. She wanted to know how we focus inspections and why small landlords will not be inspected. The system of inspections will be based on risk profile to ensure that those landlords at greatest risk of failing, or whose failure might have the greatest impact on tenants, are subject to greatest oversight, which makes sense to me. The regulator will continue to develop its approach and the details of how it will manage consumer inspections.
My noble friend Lord Young, who is forensic in his analysis of all housing legislation, asked why this advisory panel needs to be statutory. Placing the requirement in statute ensures that this happens. It also sets out expectations on the make-up of the panel and the range of matters it would consider. I believe it is sensible to ensure through legislation that this happens, rather than relying on the regulator choosing to do so. In other words, we are making sure that there is no way out and that this will happen.
In my meeting before today’s debate and during it, my noble friend Lord Young raised the confusion between the Housing Ombudsman and the Regulator of Social Housing. The Regulator of Social Housing has the emergency repair power. I point out that there is a long track record of close working between the regulator and the ombudsman, and we are ensuring effective information sharing between them. The proposals in the Bill will reinforce and strengthen the co-operation that already exists. We are also delivering a communications campaign to tenants so that they know where to go and are well informed.
There were a series of important contributions from the noble Baroness, Lady Hayman, the noble Lord, Lord Foster, and my noble friend Lord Young about what has happened to the government consultation on energy efficiency and what the Government are generally doing in this important area, particularly with respect to social housing. The Government agree that improving the energy efficiency of homes is a must. In the 2021 Heat and Buildings Strategy, we committed to consider setting a long-term regulatory standard to improve social housing to EPC band C, and we will consult the sector before setting any standard. The Government have committed some £3.8 billion to the social housing decarbonisation fund, which will help councils and housing associations to upgrade social housing. In fact, Lancaster West Residents’ Association has been a beneficiary of that fund.
I have to say that the noble Baroness, Lady Thornhill, is incredibly dogged and has raised right to buy on pretty much every occasion, certainly in recent weeks. I know that a number of your Lordships are concerned about the impact of right to buy on social housing stock. The Government agree that it is important that homes sold under right to buy are replaced, and we want to see an increase in the number of replacement homes sold by local authorities. Following a consultation on the use of right-to-buy receipts, the Government introduced a package of reforms in 2021 to help local authorities build more homes. This set of reforms, combined with the abolition of the borrowing cap in 2018, certainly gives councils more flexibility to build council homes. That is what we are seeing: councils are building more council homes. With regard to the replacement of homes sold under the extension of right to buy to housing associations, tenants will be central to the scheme design. I am sure that the replacement of stock sold through that voluntary scheme will be foremost in getting the scheme right.
The noble Baroness, Lady Hayman of Ullock, raised the issue of tenant satisfaction measures. We believe that these measures provide a snapshot of a landlord’s performance, so they will not include everything. I know that the regulator has worked with the sector, the National Housing Federation and others in developing a balanced set of tenant satisfaction measures that cover the issues that tenants have told us were important to them.
The noble Baroness, Lady Hayman of Ullock, asked a very specific question about whether the Government are looking at compensation for deregistered registered providers. I will take this important issue back to the department, as I do not have an answer here and now.
With regard to the focus on including net zero in the decent homes standard, as I said, we committed in the Heat and Buildings Strategy to consider setting a long-term regulatory standard to improve social housing to EPC band C. We will consult the sector before setting that standard, as I said in an earlier response.
It has been an incredibly wide-ranging debate, but I thank noble Lords, because I think there is a genuine desire to get behind the Bill to make sure that the voices of tenants are heard. I am sure there will be many opportunities to come up with practical proposals. Having taken forward legislation in this area, I look forward to working with those on all sides of the House to get this important legislation right and I beg to move.
(2 years, 1 month ago)
Lords ChamberThat it be an instruction to the Grand Committee to which the Social Housing (Regulation) Bill [HL] has been committed that they consider the Bill in the following order:
Clauses 1 to 12, Schedule 1, Clause 13, Schedule 2, Clauses 14 to 28, Schedule 3, Clauses 29 and 30, Schedule 4, Clauses 31 and 32, Schedule 5, Clauses 33 to 36, Title.
(2 years, 1 month ago)
Lords ChamberMy Lords, the Government are fully aware of the acute pressures that families across the UK are under due to the rising cost of living. This is why we have brought forward this important Bill to your Lordships’ House.
A series of global economic shocks have led to price rises unseen in the UK for decades. As a result, families up and down the country are seeing their budgets squeezed, with many struggling to make ends meet. That is why we have decided to provide more than £15 billion of further support, targeted at those in greatest need. This is on top of the £22 billion announced previously, bringing the Government’s support for the cost of living to more than £37 billion this year. This £37 billion includes the means-tested and disability additional payments for which the Bill makes provision, as well as a one-off increase of £300 to the winter fuel payment for pensioner households, a non-repayable £400 discount in their energy bill this autumn for domestic electricity customers in Great Britain—the UK Government are working to ensure that the people of Northern Ireland receive the equivalent of this support as soon as possible—and a £150 non-repayable rebate on council tax bills for all households in bands A to D in England, to name only a few measures we have taken.
Although we as a Government have always been open about the fact that we cannot cover every situation or solve every problem, we are committed to going further to provide support to relieve the financial pressure people are facing. Taken together, this £37 billion package will provide at least £1,200 of additional support for the majority of households least able to afford the rising cost of living. The Bill before the House today builds on that commitment and will enable us to make additional payments targeted to those on the lowest incomes. It legislates for two additional payments which form part of our wider package to support families with the cost of living. The first is a direct cost of living payment of £650, split into two separate payments of £326 and £324, which will go to more than 8 million people receiving means-tested benefits. The second is a £150 payment to disabled people on a qualifying disability benefit. This will be paid on top of the cost of living payment for people who are eligible, and is estimated to benefit 6 million disabled people. Both new payments will be delivered by the UK Government to eligible households across the UK.
Social security is a transferred matter in Northern Ireland. However, this Bill will legislate for the whole of the UK in the absence of a fully functioning Assembly and Executive. This approach has been agreed by the caretaker Minister for Communities in Northern Ireland, who has also laid a Written Statement confirming this position. The timing of both payments will differ. For the cost of living payment, the first payment of £326 for households claiming a DWP means-tested benefit will be paid from 14 July, with the second payment of £324 coming in the autumn. Payments to those claiming tax credits only will be paid later to avoid duplication. Those not eligible for the first payment in time may become eligible for the second payment if they receive a qualifying benefit in the month before the next eligibility date.
We have intentionally excluded the second eligibility date from the Bill to prevent increasing fraudulent applications for benefits and fraudulent reporting of changes of circumstances. The Secretary of State will lay further regulations to specify the eligibility date for the second payment; however, it will be no later than 31 October. For the disability payment, those on a qualifying disability benefit will be paid from September. Where eligibility at the qualifying date for any of these payments is established beyond the expected payment dates, people will still receive the cost of living or disability payment, albeit at a later date. Both payments are tax free and will not count towards the benefit cap or affect existing benefit awards.
For families who miss out on this additional support but still find themselves in additional need, the Government are providing an additional £500 million to help households on top of what has been provided since October 2021, bringing total funding for this support to £1.5 billion. In England, an additional £421 million will be used to extend the household support fund from October 2022 until March 2023. Also, the Barnett formula will provide around £79 million to the devolved Administrations.
This deliberately straightforward Bill, stretching to only 11 clauses, will enable us to get support to families in need swiftly and without the need for additional bureaucracy. No one eligible for these additional payments will need to fill out any forms to claim them and payments will be made automatically. We have deliberately kept the rules for these payments as simple as possible because this is the only way of ensuring that we can develop the systems and processes required to deliver them at pace.
I know that many of your Lordships take a particular interest in delegated powers, of which this Bill makes provision for two. The first allows the Government to set a second eligibility date for the second part of the cost of living payment; the second is to facilitate the existing overpayment and recovery procedures for the qualifying benefits, to be applied to the cost of living payment. These are powers to allow for the effective administration of the payments, particularly to protect the public purse. I note that, in its report, the DPRRC raised no concerns for the Government to respond to.
This Bill will make a real difference in easing the stresses being felt by people up and down the country by supporting them on the rising cost of living at this most challenging time, and doing so simply and swiftly. I commend it to the House.
My Lords, I welcome the much-needed additional support that this Bill offers and the recognition that the social security system represents the obvious mechanism for providing it, despite concerns that are raised about the nature of the support. I am grateful to the Minister and the Minister for Welfare Delivery for the very helpful briefing that they provided last week.
At last, the Government are responding to the fact that the cost of living crisis is hitting those on benefits and pensions hardest, not least because the differential impact of inflation means that they face an even higher inflation rate than the rest of us—an estimated 10% or so for the bottom tenth of the population, according to the Institute for Fiscal Studies and the Resolution Foundation. The latest package, of which this Bill is a part, is progressive in its impact. Nevertheless, there is a “but”; I am sure that the Minister would be surprised if this were not the case.
My concerns stem in large part from the decision to provide one-off payments rather than increase benefit rates themselves so that they reflect the actual inflation rate instead of the 3.1% recorded last September. I understand and accept that there are technical difficulties when it comes to uprating benefits other than universal credit—although many stakeholders do not—but, if the Government had not delayed in bringing forward this package, would an autumn uprating really not have been possible? Even now, is it really the case that a decision to increase benefits in May could not be implemented in the autumn instead of a second lump sum payment?
Can the Minister explain how it was technically possible to uprate benefits twice in 1975, in April and November, in response to high inflation—a point made in the Commons but studiously ignored by the Minister there? Can she also tell us, in a subsequent letter if not now, exactly how long it would take if all the stops were pulled out to uprate universal credit, the legacy benefits that it replaces, the other benefits covered by the Bill and the other benefits not covered, in particular the carer’s allowance and contributory benefits? How long are we going to allow “computer says no” to drive policy?
A key group to lose as a consequence of the decision to make lump sum payments rather than uprate benefits is families with children—especially larger families because payments will not be differentiated according to family size. Thus, according to the Resolution Foundation, the average amount gained from the Bill by families with three or more children is less than that received by those with no children because the latter are more likely to receive a disability benefit. Yet spending on essentials is significantly affected by family size. The foundation suggests that fuel spending among families with three or more children is likely to go up by over £500 more than for those without children. It calculates that, had benefits been uprated by 9.5% in October, larger families would have received more than £100 more on average than they will from the May support package.
In the Commons, the Minister emphasised that the payments are targeted at “those in greatest need”, as did our Minister. This is true and commendable, up to a point, but it ignores children—especially those in larger families, who are already at a significantly disproportionate risk of poverty, including deep poverty. This greater risk has grown over the past decade thanks mainly to government social security policies, including the two-child limit and the benefit cap. It is welcome that the payments covered by the Bill will be disregarded for the purposes of the cap. Nevertheless, as the chair of the Work and Pensions Committee pointed out in the Commons, it is high time that the level of the cap, which has not changed since it was established six years ago, is subject to the review required by statute. The Minister’s response to him was that it would be reviewed “at the appropriate time”. Can the Minister tell us when the appropriate time will be, as many would argue that it is already high time?
A growing body of evidence shows how much families with children generally are suffering. Just last week, the Childhood Trust reported that the mental health of children living in poverty is already suffering as a result of the cost of living crisis. Hungry, Anxious and Scared is how it summed it up. It quoted Charlotte, aged nine:
“Your emotions just drown and the only emotion that’s left is sad”.
That made me feel pretty sad and actually very angry. When the Chancellor was questioned by the Treasury Select Committee about the lack of additional support for children, he rather sidestepped the question but acknowledged that no analysis has been done of the package’s impact on child poverty. However, we were told by the Minister for Welfare Delivery last week that the lack of differentiation for families with children was due to technical reasons.
There is a pattern here that suggests an underlying disregard for the needs of children. The welcome universal credit uplift during the worst of the pandemic did not include any uplift in the allowances for children. It was only thanks to Marcus Rashford that action was taken on school meals at the height of the pandemic, and now the Government refuse to extend free school meals to all children on universal credit despite the recommendation in the independent national food strategy and the calls from teachers and others—although I do applaud its extension to all qualifying families with no recourse to public funds. According to analysis of government data by the Child Poverty Action Group, of which I am the honorary president, over one in three—more than 800,000—children in poverty do not qualify for free school meals.
If the Government really cared about hungry children, they would have found a way to boost their financial support and at the very least would have extended free school meals and also put more money into free school breakfasts as called for by Magic Breakfast. The Treasury has, understandably, highlighted the progressive vertical distributional impact of its latest package of support, but nowhere has it shown the horizontal distributional impact as between those with and without children, which also matters. Can the Minister explain why the Government time and again ignore children when it comes to financial matters?
The Secretary of State has herself previously warned that one-off payments are less helpful from a budgeting perspective than a steady stream of money—a point made also by charities such as Sense and CPAG. One consequence is less security. Another consequence of making lump-sum payments linked to entitlement on a specific date is the much steeper cliff-edge that it creates, adding to the insecurity created by often fluctuating incomes and circumstances among those on low incomes. What estimate has been made of the numbers who might become eligible for one of the qualifying benefits in the period until next April when they are next uprated but who do not qualify for the payments in the Bill because they were not entitled to a qualifying benefit at the specified times? Anyone who, say, starts claiming benefit because they have lost their job or become ill after the second cut-off date will get nothing at all. This seems like very rough justice.
Even rougher justice is the issue raised by my noble friend Lady Sherlock in last week’s briefing, and by MPs, where someone has not qualified for UC in the specified month because of the way their wages are paid. Has thought been given to the suggestion made by Nigel Mills MP that the qualifying period be extended to two months? Another group who are victims of rough justice is low-income self-employed people who do not receive UC during the qualifying period solely due to the operation of the minimum income floor. Equity has challenged the response to this point in the Commons, and I ask the Government to reconsider the exclusion of this group.
Just to follow up on the briefing meeting, the Minister for Welfare Delivery promised to let us know how payment will be made to the small number of people without a bank account. Is the Minister able to tell us today? For the record, can she confirm that all recipients will be informed individually as soon as possible after payment has been made so that they know why this extra payment has appeared in their account?
I have emphasised the failure to help children; I am also very concerned about the exclusion of carer’s allowance. I realise it is not a means-tested benefit and that some recipients will qualify via a means-tested benefit they are claiming but, according to Carers UK, there are several hundred thousand carers in receipt of carer’s allowance who do not receive means-tested benefits and many of them are facing serious financial stress. Carer’s allowance is lower than other equivalent benefits. Many carers face additional costs associated with caring. Why, therefore, could not the disability payments have been devised in such a way as to include carers? Nine out of 10 carers surveyed by Carers Trust earlier this year said that they feel ignored by the Government. The exclusion of carer’s allowance from the Bill’s qualifying benefits will only reinforce this sense of being ignored and, of course, many of those affected will be women who also bear the main burden of budgeting in low-income families. It is also not clear why the qualifying disability benefits do not include contributory employment and support allowance—an example of the downgrading in importance of contributory benefits. Can the Minister please explain why it is not included?
When announcing the package, the Chancellor acknowledged that small numbers will fall between the cracks and gave the example of those in receipt of housing benefit not also claiming other benefits but—“fear not”—they can claim help from the additional £0.5 billion that is being put into the local authority household support fund from October. The problem is that those raising concerns about, for instance, children in poverty—not exactly a small group—excluded carers or low-income self-employed people are also being directed to the fund. I fear it is the loaves and fishes approach to policy-making, which we have seen all too often. While the fund has provided much needed help to some, it is discretionary and cash-limited and, as such, is no substitute for weekly payments as of right. What will be done to direct excluded groups in need to the fund, what monitoring of the fund’s use is taking place and what happens if a local authority runs out of money, as we know they do? Can the Minister also tell us whether any thought has been given to the calls from stakeholders, including the Lloyds Bank Foundation, for the suspension of deductions from benefits, at least until next April when benefits are uprated?
This brings me to my final point—which I am sure will be a great relief to noble Lords. I welcome the confirmation that, subject to the Secretary of State’s review, benefits and pensions will be uprated next April in line with this September’s inflation rate, although claimants will face a long, hard winter before that. I hope the Government will ignore the siren voices arguing against such inflation-proofing. The Chancellor concluded his Statement by noting the need to put the measures into context. We need to do the same, but it is a rather different context to that highlighted by the Chancellor. Overall, working-age and children’s benefits have been reduced by approaching £40 billion a year as a result of freezes and cuts since 2010. The latest OBR Welfare Trends Report notes that the
“decline in the real value of unemployment-related benefits … even excluding the effects of the removal of the … £20-a-week uplift … represents the largest fall since annual uprating began half a century ago”.
As the Covid Realities research demonstrates, the reality of life on a low income is one of perpetual crisis. This Bill represents no more than a temporary salve to mitigate the crisis, welcome as it is. We now need a commitment to a review of how benefits are uprated, as called for by the chair of the Work and Pensions Committee and others. Ad hoc one off-payments and discretionary local authority support do not provide the security that those on low incomes desperately need and that the social security system ought to provide.
My Lords, this Bill is clearly welcome. It is a good thing that cost of living payments can be made to those who most need them, so the policy is a good one. There are obviously a number of ways that this could be addressed—some potentially more effective than others—but anything that helps is to be welcomed.
However, there is a “but”—like the noble Baroness, Lady Lister, I have a “but”, and it is one that she has already mentioned. My concern is how the Bill will affect those self-employed whose earnings fluctuate from month to month, including many creative professionals; I am grateful to Equity for its briefing on this. The particular concern here is for those who did not receive a universal credit payment in the qualifying month and therefore will not be eligible for the cost of living payment because of low and irregular incomes. Can the Government ensure that the £650 cost of living payment be made to those whose entitlement to universal credit has been reduced to zero because of the minimum income floor?
There has been concern from the self-employed sector about the reintroduction of the minimum income floor after its welcome suspension during the pandemic. Of course, I am not trying to address that in relation to the Bill, but I ask the Government to acknowledge the effect of the MIF on the cost of living payment and reassess how fairly some self-employed—and, indeed, employed—workers will be treated. Despite the recent fall in the number of self-employed, the Government should acknowledge better the trend towards increasing self-employment in the longer term: currently, 15% of the workforce and 35% of the creative industries, which, pre-pandemic, were the fastest-growing sector of the economy and second in importance only to the financial sector.
The Government’s qualifying rules ignore the very nature of payment to creative professionals, which is often irregular and cannot be equated directly with salaried work. To ask people to change their behaviour work-wise to accommodate benefits such as these does not take into consideration the fundamental character of much creative work. There should instead be an acknowledgement by the Government of the need to be both realistic and fair in their rule-making. They should accept the validity of the self-employment work structure for creative professionals and others. This is on top of the fact that claimants are in any case being assessed on a past period—that is, the month until 25 May—so it is not something they can do anything about even if they had been able to; I believe that they should not be asked to.
The key issue is that payments such as these are intended to go to those in need. Self-employed people in the hospitality and entertainment sectors are among those who are poorly paid, at least partly down to the fact that they are among the last to come out of the pandemic and are now being hit by another crisis: the cost of living crisis. As Equity points out, missing out on these payments will have a devastating impact on many entertainment professionals. Young people just starting out—for example, those coming to the end of a start-up period—and those from diverse backgrounds will be among the significant number who may be affected in this way.
I appreciate that this is a money Bill and that it would have been frowned on to have introduced an amendment to the Bill in Committee and disrupted proceedings for the day, but I ask the Government to do everything they can to address this concern and provide a solution to a problem that is ultimately one of fairness.
My Lords, I should first explain that my noble friends Lady Kramer and Lady Janke, who normally speak on these issues, are unable to attend today so your Lordships have me instead.
This is a small and, in a sense, relatively modest Bill that we do not oppose—indeed, we cannot oppose it due to its nature as a money Bill. We have heard some really knowledgeable input from the noble Baroness, Lady Lister, and the noble Earl, Lord Clancarty, who made important points on the subject of children and families with children and about the self-employed, particularly those working in the creative sector. I hope that the Minister will take those on board.
As we heard from the Minister, the Bill implements some of the cost of living support that was announced by the Chancellor in his emergency Statement—specifically, the £650 support for households in receipt of means-tested benefits, which comes in two instalments, as the Minister set out, and the £150 for recipients of non-means-tested disability benefits.
The Bill does not include the other support mentioned by the Minister, presumably because it is not needed from a legislative perspective. As I intend to suggest later, it also does not include many of the measures that the Chancellor should have announced in the light of the situation that the country finds itself in today. Even as we debate here today, the economy is the major concern on everyone’s radar, especially with the official rate of inflation predicted to reach double digits very soon. Then, as well as the worry of inflation, households are facing the highest tax burden in 70 years. The typical family will see a hit of £1,200 a year thanks to the Conservative Party’s tax rises. I hardly need to remind the Minister that the UK is in very difficult territory.
At the heart of all this is a much wider endemic issue that needs to be at the front of our minds when we debate an issue such as this. I am going to presume that the Minister would describe herself as a capitalist; I describe myself as a capitalist as well. However, for the UK to be a successful capitalist country, its citizens need either to have capital or to have a reasonable expectation that they will obtain it. Yet, in Conservative Britain today, it is quite clear that the gap between those with capital, and therefore a stake in the economy, and those who stand little or no chance of ever acquiring it is getting wider every day.
Worse than that—never mind savings and capital—while the top 10% of the country’s earners tighten their grasp on our economy, an increasing number of citizens are slipping below the subsistence line. It is not just global shocks that have caused that to happen, as the Minister put it. The slide was already happening, then Covid came and made it worse, and now inflation is rapidly increasing the number of people in economic peril and the pace with which, in some cases, they are traveling towards destitution. Proud families who never dreamed that they would find themselves in trouble are now struggling to pay the bills.
At the last election, the Conservative Party successfully campaigned on the idea that there are specific geographic areas that have been economically left behind. Although that is undeniably true, the party’s careful selection of particular towns and cities skirts over the underlying issue: the ever-widening income gap across the whole of our country. Although that gap is somewhat defined by geography, it is far more complex than that, being caused by demographics, educational opportunities and—let us face it—who your parents are.
That ever-widening gap is the real challenge at the heart of many issues that we are seeing in the UK today. So what is the modern Conservative take on it? While one part of the Government is signalling for the EU cap on already huge banker bonuses to be lifted, another department is seeking to limit public sector pay increases to one-third or one-quarter of the rate of inflation. Clearly this Government are not even trying to address the gulf between the richest and the rest of our country; in fact, it seems to look like the opposite.
When it comes to acknowledging the need to arrest the pain inflicted on the poorest in society, the Bill takes a few small steps in the right direction. However, as the noble Baroness, Lady Lister, eloquently expressed, it is a completely inadequate response to the cost of living crisis. It fails to reinstate the £20-per-week universal credit cut, which would have provided households on universal credit with an additional £1,000 a year. It fails to cut the main rate of VAT to 17.5% for one year, which would have put an average of £600 in the pocket of every UK household while lowering inflation and, importantly, helping our high streets, giving them a much-needed boost and increasing economic growth. A similar VAT cut in 2008 was found to increase retail sales by 1% and increase aggregate expenditure by nearly one-quarter of 1%.
The Bill also fails to consider repealing the national insurance rise and freezing the income tax thresholds. These are unfair tax rises that are making the cost of living crisis worse for millions of families across the UK. It fails to support rural communities concerned with rising fuel prices through the rural fuel duty relief scheme, which was promoted today by the newly elected MP for Tiverton and Honiton. It also fails to include those claiming the carer’s allowance from the list of benefit recipients qualifying for additional support.
Furthermore, provisions in the Bill allow for payments to be made in two instalments. By paying all the support on 14 July, the day of the first instalment, the Government could have supported people who need assistance more immediately. Perhaps the Minister would concede that, given the increase in the rate of inflation, the second payment should be accelerated as well.
It has been a pleasure to speak, briefly, in this short debate. I am looking forward to the Minister’s explanation of how the ever-widening income gap will be addressed in the second half of this Parliament. Most of all, I am looking forward to the Minister explaining how the Bill even scratches the surface when, across the country, thousands of honest, hard-working families are slipping ever deeper into poverty.
Following the by-election defeats inflicted on the government party last week, the current Prime Minister, Boris Johnson, said:
“We’re now facing pressures on the cost of living … spikes in fuel prices, energy costs, food costs—that’s hitting people. We’ve got to recognise there is more we’ve got to do.”
What is this “more” and when will it be done? Or, as is usually the case, is the Prime Minister’s statement merely empty words with no substance, no policy and no prospect of implementation?
My Lords, I thank the Minister for her introduction to the Bill and all noble Lords who have spoken. I thank my noble friend Lady Lister for halving the length of my speech by her excellent analysis. I would be really interested to hear the Minister’s response because, as a critique of what has happened to families with children, there are many questions that the Government have to answer, and I really hope that she will take the time to do it properly. There can be few Members of this House who know more about child poverty than my noble friend Lady Lister. When she makes a critique like that, it needs to be listened to.
These are the toughest times that most British people alive now will have had to live through. By next April, wages will be worth £2,000 less in real terms than just in 2020. Real pay in the UK is falling at the fastest rate for 20 years. Inflation is over 9% and rising. Fuel prices are skyrocketing and we are warned that the energy cap could rise by as much as another £1,000 in October. People are more desperate than they have been in a very long time.
Following the Spring Statement, the OBR warned that we were heading for the biggest fall in living standards since the 1950s, with more children set to be pushed even into absolute poverty. It was to avoid this catastrophe that Labour proposed a windfall tax on North Sea gas and oil producers to help families and pensioners. I am delighted that, after some months—indeed, after many months of ridiculing the policy—the Government have adopted it. If the Minister wants other ideas on how the Government should change their mind, I look forward to her having a chat with me and I can gladly supply her with some in future.
We recognise the extra support that the Government are now allocating, and these measures are welcome as far as they go. However, I share my noble friend’s concern that help is once again being given by a series of one-off payments, rather than addressing the underlying problem, which is the inadequacy of the social security system. I know that Ministers know that the welfare state is not fit for purpose because, when the pandemic hit and millions of people were flowing on to benefits, they had to add £20 a week to universal credit because they knew people could not manage. Once millions of people could see that, they would realise the system was not fit for purpose. However, that £20 was taken away just as inflation started to rise and now millions of people are struggling to feed and clothe their children and pay their bills. Why has it taken us so long to get to today? The pandemic may have been a shock overnight but the rise in prices was not—we have seen this coming. As the chair of the Work and Pensions Committee said when this Bill was debated in another place,
“the decision has been taken to replace adequate uprating with ad hoc payments from the Treasury”.—[Official Report, Commons, 22/6/22; col. 897.]
The Government should have put in place a broader package of support through our social security system. It has been established that one-off packages, with heavily simplified eligibility, lead both to increased fraud and to the kind of rough justice we have heard about. We have heard about rough justice for children. Can the Minister really justify a scheme that gives the same amount to a single person on benefits as to a couple with three children when their energy, food, clothing and other costs are so radically different? Families in the bottom half of the income distribution with two or more children spend twice as much on food, essential household goods and services, clothing, footwear and transport, but there is no recognition of this. The social security system acknowledges things such as family size up to a point, but this does not and cannot. Does the Minister accept that this is rough justice?
Does the Minister also accept that it is rough justice for people with fluctuating incomes, a point made by the noble Earl, Lord Clancarty, in a helpfully clear critique of the impact on people who are self-employed? As we have heard, this £650 payment comes in two parts. To be eligible for each, the claimants must be entitled to a minimum amount of benefit or tax credit in respect of an assessment period covering a specified date. However, the Minister often tells us how happy she is about universal credit coming in, because it is really flexible—it flexes to someone’s circumstance—yet she has designed a system that makes that a disadvantage. Universal credit is designed to flex month by month, so some people will be entitled to a payment one month but nothing the next because their income is lumpy in that way. If they are unlucky with how that falls, and they get nothing in the month in question, they will not get one penny from this system. That can even hit people whose earnings do not change at all, just because they happen to have two paydays within one universal credit assessment period—for example, the last Monday of the month. When that happens, the system thinks their pay has doubled, they earn too much, get no universal credit and, therefore, they will not be eligible for this. Given that the Government boast about the flexibility of universal credit, what are they going to do about these payments, to give support to those for whom that flexibility is taking away any chance of any support at all? I would be interested in hearing whether someone who is self-employed, who is simply getting nothing just because of the minimum income floor, will therefore be excluded entirely from the payments.
There is a different form of rough justice for some disabled people who have non-means-tested benefits. They will be eligible for the £150 payment. However, the Minister can tell the House, I am sure, that the Government are in the process of changing the rules specifically to debar 290,000 people who get DLA, PIP or attendance allowance from getting £140 off their energy bills through the warm home discount scheme—“Have £150 here, give me back £140 over there and have £10.” In these circumstances, the reason disabled people get these benefits, even though they are non-means tested, is to cover the extra costs of disability. That includes things such as higher energy bills and higher transport costs. Can the Minister explain why the Government are giving help with one hand while taking it away with the other? I would also be interested to hear a response to the query about carer’s allowance from my noble friend Lady Lister.
The Minister points to the household support fund—this is always the answer, the great catch-all, whenever we raise a question. I think loaves and fishes were mentioned. I have a great affection for loaves and fishes and like to see them extended. However, much as I admire some things the Minister says, I do not think she yet has the power to multiply loaves and fishes. The household support fund will be a fixed amount of money. I have been looking at the websites for some councils, and many have already made their allocations for the period April to September. They specify what is for; they are often small grants for particular purposes. For April to September, is more money coming in, will the guidance change and, if not, will anyone get any help then, even they miss out on these payments altogether in the first tranche in July? For the extra money in the period from October, will the government guidance say that the kind of people we have described who miss out on the payment because of rough justice should be able to get the full £650 from the household support fund? If so, will there be enough, and what will happen to all the other things it is supposed to be spent on as well?
On pensions, I am sure the Government now regret breaking their manifesto promise commitment to the triple lock, given what is happening to pensioner poverty. It is good that those on pension credit will be able to claim the £650, but—it is a small point—why does the impact assessment show fewer people on pension credit getting the second payment than the first? Is there something going on there that the Minister wants to explain? The impact assessment projects the case load, the number of people on pension credit who will get payments 1 and 2. The number getting payment 2 is slightly lower than payment 1. This was asked in the Commons but not answered, so I hope her officials—someone behind the scenes who I would not dream of referring to—have had the opportunity to read Hansard and will therefore be able to advise on the answer to this question.
Emergency and one-off measures have their place, but they really do not give people the security they need or match the increases in costs that people are facing on the ground. The truth is that we came into these cost of living increases after years of underwhelming growth and savage social security cuts, which left our system simply unfit for purpose. I will mention just the two-child limit, the benefit cap, the bedroom tax, inadequate help with housing and council tax, and repeated real-terms cuts to universal credit and legacy benefits, as detailed by my noble friend Lady Lister.
I am glad that the Government have finally been dragged, kicking and screaming, into recognising the extent of need out there. But we now need a long-term plan to rebuild social security, grow our economy, sort out our labour market and raise living standards so that we can lift people, from children to pensioners, out of poverty. Surely we can all agree with that.
I thank all noble Lords for their contributions to the debate today. I hope we agree that this package of support will make a significant difference to families up and down the country, notwithstanding the points that have been made.
As I said earlier, the Government are committed to going further to provide support to relieve the financial pressures families are facing. The measures announced by my right honourable friend the Chancellor will provide an estimated millions of low-income households with £1,200 of one-off support in total this year to help with the cost of living, with all domestic electricity customers receiving £400 through the energy bills support scheme. This Bill will give us the necessary powers to deliver the additional payments set out in this package to families on the means-tested and qualifying disability benefits which we have been debating today.
There were a huge number of questions, which I shall endeavour to answer. There are some where I will have to write and the answers will be much better if I do so, so I hope noble Lords will accept that.
The noble Baronesses, Lady Lister and Lady Sherlock, asked why we are not uprating benefits. The one-off cost of living payment will enable timely direct transfers, ahead of the next uprating review of benefits and pensions, which will commence in the autumn, with any change in rates being payable from April 2023. This will help to support households most in need in managing increased costs. Our cost of living policy will also provide a payment of £650, as we have already said, whereas uprating the same benefits by 9% from April 2022 would be worth, on average, only £530. These payments will be tax-free, will not count towards the benefit cap and will not have any impact on existing benefit awards. This approach will allow households to retain the full value of the payments they receive. There is no need for people to fill out complicated forms, as we have tried to reduce bureaucracy.
Separately from the 2022-23 cost of living support package, benefit and pension rates are subject to an annual review. As mentioned by the Chancellor on 26 May, the uprating of benefits is a matter for the Secretary of State for Work and Pensions. Her annual statutory review of benefits for the tax year 2023-24 will commence in the autumn, when she measures inflation using the September consumer prices index. Following completion of her review, the Secretary of State’s decisions will be announced to Parliament in November. For the avoidance of any doubt, we are committed to the triple lock for the remainder of this Parliament.
The noble Baroness, Lady Lister, asked whether the uprating process will be adjusted in the future. The work of the department in 1975 was mainly undertaken by hand and on a claim-by-claim basis. It was therefore possible to uprate twice in one year, provided the trained manpower resources were available or could be secured. The department began to computerise the payments of benefits in the mid-1980s; we have indicated the constraints of the core IT systems in undertaking a mid-year uprating and the risk that would pose to payments. The Social Security Administration Act 1992 provides for a statutory annual review of uprating and is the basis on which Parliament has required successive Secretaries of State to act. The requirement is for one review each tax year.
The noble Baroness, Lady Lister, asked how long it will take to uprate all benefits, including UC and legacy benefits. I will need to write to her on that, which I will do and place a copy in the Library. She also asked about the flat rate of payments not tailored to circumstances. She said that this disadvantages children in large families and that the issue should have been solved by uprating benefits. The Government are committed to providing direct and timely relief to those who need it most through these one-off cost of living payments. Flat-rate payments are the quickest way to deliver support to those who need it most; they will allow us to make timely transfers to more than 8 million people and 6 million disabled people before the next benefit uprating in April 2023. As I have said, we have deliberately kept the rules as simple as possible. The Government are spending over £5 billion on qualifying means-tested benefits—around £2 billion more than the additional cost if the qualifying benefits increased in July 2022 to 9% higher than the previous year.
The noble Baroness, Lady Lister, who has been very busy, asked about the focus being on reforming UC and said that the two-child limit means that people do not receive enough money. Statistics from the Office for National Statistics show that in 2021, of all families with dependent children, 85% had a maximum of two in their family; for lone parents, this was 86%. The Government feel it is proportionate and fair to taxpayers to provide support through child tax credit and universal credit for a maximum of two children.
I am sorry to interrupt the Minister. Clearly, we cannot amend this legislation but I think it is accepted across the House that there is nothing in here for children. Can she take that message back to her colleagues in government and could they look at other ways they might be able to help children during this period?
I am always happy to take things back to the department and am quite prepared to do that. I may need a little more information from the noble Baroness, but I am sure that will be forthcoming.
The next review of the benefit cap has been raised. As all noble Lords will know and as we have said many times, our statutory duty is to review the levels of the cap at least once in every five years and this will happen at the appropriate time. The current unusual economic period, with potentially counterintuitive and shifting trends, will need to be considered in the context of any decision in respect of the review.
The noble Baronesses, Lady Lister and Lady Sherlock, raised their concern about those who receive two lots of earnings in one universal credit period not being eligible. We anticipate that the vast majority of people entitled to one of the qualifying benefits will receive their first payment. Because of a change of circumstance, however, some may not qualify. Again, we have deliberately kept the rules simple and, unfortunately, it is not possible to distinguish those who have a permanent increase to their earnings from those whose earnings temporarily fluctuate. If a UC claimant’s income subsequently falls, these claimants will return to having a positive award after the cut-off date and may be eligible for the second cost of living payment, worth £324.
The noble Baronesses also raised a point about people who become eligible later. Where a person is found to be eligible for a qualifying social security benefit or tax credit payment but did not receive a payment, a retrospective payment will be made automatically. This could occur if a claimant successfully challenges the DWP’s decision on their social security benefit entitlement.
The noble Baroness, Lady Lister, and the noble Lord, Lord Fox, asked why we are excluding those in receipt of the carer’s allowance from the cost of living payment. Nearly 60% of working-age people on carer’s allowance will get a one-off payment as they are on means-tested or disability benefits. Carer’s allowance recipients will benefit from the £400 per household with a domestic energy supplier, provided through the energy bills support scheme.
The noble Baroness, Lady Lister, asked why we are excluding those on contributory based benefits from receiving the one-off payment. Non-means-tested benefits are not eligible benefits in their own right, but low-income recipients can claim an eligible means-tested benefit alongside them. Contributory and new-style benefits were not included because people claiming these benefits may have other financial resources available to them. They may also benefit from other parts of the package of support, including the £400 per household domestic energy help. Claimants who require further financial assistance may be eligible for universal credit; if their claim is successful, they may then qualify for the second cost of living payment in the autumn.
The noble Baroness, Lady Lister, raised the important issue of children—and I agree with the noble Baroness, Lady Sherlock, about the knowledge and experience the noble Baroness has in this area. I am advised that this is an issue where we will need to write to the noble Baroness. We will probably need to have some continued communication to ensure that I answer her questions to the level and standard that she wishes.
The noble Baroness, Lady Lister, and the noble Earl, Lord Clancarty, asked about fluctuations in earnings. As I have said, we have deliberately kept the rules as simple as possible. I have said before that it is not possible to distinguish between those who have had a permanent and temporary increase. I do not think I can say more on that at this point.
On the minimum income floor, which was raised by the noble Baroness, Lady Lister, and the noble Earl, Lord Clancarty, it is the same thing: we have deliberately kept the rules as simple as possible. For those who are not eligible for this support, or families that still need additional support, the Government are providing the household support fund with an additional £500 million to help households on top of what has been provided. Since October 2021, the household support fund has gone up to £1.5 billion. In England, this will take the form of an extension to the household support fund backed by £421 million and administered by local authorities.
I thank the Minister for giving way. On the concern I raised about the minimum income floor and fluctuating incomes, can the Government keep an eye on this? It would be very helpful if the noble Baroness could promise to do that. She says that it is very simple, but maybe it is too simple for this particular problem. If the Government could keep a close eye on that, it would be helpful.
I am very happy to go back to the department and request that. I am not in a position to commit to doing it, but I will go back and write to the noble Earl with the outcome of those discussions.
Another important point that the noble Baroness, Lady Lister, raised was about how we are making customers aware of these payments. We are working on an extensive communications plan. There will be digital advertising, social media and display materials such as posters and leaflets for jobcentres and stakeholder premises.
The noble Baronesses, Lady Lister and Lady Sherlock, raised the issue as to whether the household support fund is sufficient. Local authorities in England have ties and local knowledge to best determine how this support should be provided to their local communities. They have the discretion to design their own local schemes within the parameters of the grant determination and guidance to the fund. We are going to publish new guidance for local authorities for this latest extension of the household support fund ahead of the fund going live at the start of October.
The noble Earl, Lord Clancarty, asked about low-income and self-employed people. We accept that earning patterns can vary substantially and it would be impossible to choose qualifying dates that work for every person on UC. However, a second qualifying date certainly reduces the risk that those with non-standard pay periods on UC miss out on a cost of living payment altogether.
The noble Lord, Lord Fox, raised the point about whether the Government are putting up taxes during the cost of living crisis and whether taxes should actually be reduced. The actions the Government have taken to return the public finances to a sustainable path post Covid mean that we are in a strong position to respond to the cost of living challenge. The Government’s goal is to reform and reduce taxes. The Chancellor’s Spring Statement set out the Government’s tax plan, which includes reducing the tax burden on working families by increasing the threshold at which people start paying NI contributions—a tax cut worth over £330 for a typical employee—and by cutting fuel duty by 5p for 12 months. The tax plan also shares the proceeds of higher growth with working people across the country by cutting the basic rate of income tax by one percentage point to 19% from April 2024, saving more than 30 million people £175 per year on average.
The noble Lord, Lord Fox, asked whether the cost of living payments are a sticking plaster. In total, the measures the Chancellor announced in May provide support worth £15 billion. Combined with other plans, as I have already said, this raises the money to support people during this cost of living crisis to £37 billion. This is more than or similar to the support in countries such as France, Germany, Japan and Italy. Importantly, around three-quarters of that total support will go to vulnerable households.
The noble Lord, Lord Fox, asked whether the Government were wrong to reduce the £20 uplift to universal credit. It was always to be a temporary measure, and it was a temporary measure. I do not think there is anything else I can say to noble Lords about that.
The noble Lord, Lord Fox, asked what we are doing to help people in rural areas. The boiler upgrade scheme has a budget of £450 million to support households in England and Wales to make the switch from fossil fuels to low-carbon heating. This helps people in rural areas transfer from fossil-based fuels to low-carbon heating with grants of £5,000 towards the cost of installing an air source heat pump, £6,000 toward the cost of a ground source heat pump and £5,000 for biomass boilers for properties not suitable for a heat pump, provided they are in a rural location and not connected to the gas grid. The home upgrade grant will provide upgrades to low-income rural households living off the gas grid in England to tackle fuel poverty and meet net zero. The Government have allocated £1.1 billion to the home upgrade grant over the next three years.
Again, the noble Lord, Lord Fox, asked why we are delaying half of the £650 to later in the year. Cost of living payments for those on means-tested benefits are deliberately being delivered in two payments to help support budgeting. This approach will also ensure that any newly eligible claimants can be paid the £324 payment even if they did not get the £326 payment and that all recipients of the second payment receive this closer to winter.
The noble Lord, Lord Fox, asked whether we were being more generous to those on means-tested benefits and said that £650 is not going to scratch the surface. The Government are providing over £15 billion in further support, as I have said. Three-quarters of it will go to low-income households. Each cost of living payment will be paid to 8 million people on a means-tested benefit. Millions of the lowest income households will get £1,200 of one-off support. I have said that the Secretary of State will use the CPI in September to decide on the uprating of benefits.
The noble Baroness, Lady Sherlock, asked what impact the cost-of-living crisis is having on poverty. The latest available—
I thank the Minister for giving way. I appreciate the spirited defence of the measures that the Minister has just made. I am assuming that the Prime Minister was fully aware of what the Government are planning in terms of support when he spoke on Friday. On Friday, the Prime Minister unequivocally said that we are not doing enough, and we need to do more. Would the noble Baroness therefore agree with her own Prime Minister that the Government are not doing enough and need to do more?
I agree that the Government have made great strides in providing additional finance. If my Prime Minister said that we need to do more, he was not saying that we are not doing enough. This will probably get me into trouble, but he would be daft to say that we need to do more in the current climate. It has been very nice knowing you all in this job.
On the impact of the cost of living crisis on poverty, the latest available poverty statistics cover 2021 and projecting what has happened to poverty since then is complex and inherently speculative. It requires projecting how incomes will change for every individual in society; these are affected by a huge range of unknown factors. However, the Treasury published distributional analysis showing that the full package of measures announced on 26 May is well targeted at households on low incomes.
The noble Baroness, Lady Sherlock, asked why we waited so long to bring the measure forward. As the Chancellor set out, by waiting to know what the autumn and winter energy price cap is, we were better able to design and scale our policies across the package.
I am conscious that I have not answered every question—oh, here we go.
Essentially, noble Lords all around the House have said, “This system is so simple but it’s creating rough justice. What will the Minister do?” The Minister’s answer is, “Give us rough justice, but that’s because the system is so simple”. All that everybody has asked today is, does the Minister understand that lots of people will miss out and others will get much less than they need? Are the Government going to even begin to think about addressing that in some way to mitigate it—yes or no?
I cannot accurately answer that question because I honestly do not know, but I do know that, all the way through Covid and this cost of living crisis, the Government have responded at different times to issues raised in relation to additional support. All I can say is that I do not see that changing. I am sorry but I am afraid that I cannot give the noble Baroness the answer she wants, although I am quite sure that the Government will want to—I see that the noble Baroness is standing up; would she like to speak again?
We will have to invent a board game for the Chamber. I know that I have not answered some questions, and I am sorry, but time is marching on. I will endeavour to write to all noble Lords whose questions I have not answered and to those to whom I have promised to write.
This Bill will enable the Government to provide support to families most in need across the country. I thank all noble Lords again for their contributions. As ever, I would be happy to speak to any noble Lord who wants to discuss particular issues further and, as ever, my door does not know how to close; it is open.
(2 years, 1 month ago)
Lords ChamberMy Lords, the situation in Afghanistan is obviously dire: there are humanitarian and human rights crises. In the Commons last Thursday, we heard that just under 200 British Council contractors are still trapped in Afghanistan. All of them are in fear of their lives. We know their names but not their locations. Bob Blackman asked the Minister, Vicky Ford, if the applications for those people to come out of Afghanistan to the UK can be “lodged by other people” on their behalf. As he rightly pointed out,
“people will have to spend time online and getting to places that will be unsafe for them to travel to.”—[Official Report, Commons, 23/6/22; col. 966.]
In response, Vicky Ford said that she would examine whether “third parties” can put in applications. Can the Minister advise the House on the progress on this because speed is absolutely of the essence, lives are at risk and we owe a duty of care to these people who worked on our behalf?
My Lords, first, I put on record my sincere thanks to the noble Lord for his constructive engagement on this important issue both during Operation Pitting and subsequently. He will be fully aware of my direct engagement on this. We welcome the opening of this particular pathway.
The noble Lord makes a valid point about accessibility. We are working directly with the three key partners that we announced in the three cohorts; the British Council is primary among them. The important thing is to get these people registered on the portal and here. The difficulties within Afghanistan are well known to us; we are of course working with key partners, such as the British Council, to ensure that we identify and look for safe passage for those of whom we are aware and whose details we have—although their locations may be sensitive—to leave Afghanistan and move onwards towards the United Kingdom. I cannot delve into more detail than that but I can reassure the noble Lord that we are working directly with the organisations we have identified and the British Council is a priority among them.
My Lords, we owe these contractors gratitude and safety because they kept British officials safe, in the British Council and elsewhere. I understand that the pathway to which the Minister referred is temporary—it opened today—and the expressions of interest can be made only in a two-month period. Why is it temporary and why will it not be an ongoing rolling programme given many of the complexities, only one of which was rightly raised by the noble Lord, Lord Collins? What will the turnaround time be between expressing an interest in using this pathway and receiving a final decision about accessing resettlement? Who is in charge of making the final decision?
I ask because, last week, my honourable friend Munira Wilson asked the Prime Minister about a case with a constituency interest. It concerns a former member of the Supreme Court of Afghanistan and a former government Minister who applied to be part of the ARAP scheme in October last year, received a ticket in February but has heard nothing since. The Prime Minister asked the Home Secretary to follow up; the noble Lord, Lord Harrington, was deemed to be the Minister responsible. I saw him in the Chamber earlier but he is obviously not answering this Question, although we are grateful that the noble Lord, Lord Ahmad, is. Who is in charge and what will the turnaround time be?
My Lords, I will certainly follow up with my noble friend Lord Harrington. I fully accept that there are undoubtedly cases; I am aware of several and am grateful to the noble Lord for identifying one. Let us see how quickly we can move through some of them. On the ARAP case he identified, that scheme remains open and will be open—of course, it is being administered directly by the MoD—but I will certainly follow up with my noble friend Lord Harrington. I am sure that one of us will be able to provide the noble Lord with an answer.
On contractors, the noble Lord is right that there is a time-limited window during which these expressions of interest can be taken forward. The window for this particular pathway will close because, on pathway 3, there is a limit for year 1 of settlement. Once we reach this, eligibility criteria will be applied on an objective basis. As I alluded to in answer to the noble Lord, Lord Collins, we are working directly with the three cohorts: the Chevening cohort—this is directly under the FCDO—GardaWorld and the British Council. We are doing so to identify, where we can, any information that we need.
Of course, when that window closes, another announcement will be made towards the end of this year for the following year’s scheme, when we will be able to identify an additional cohort based on the numbers we have identified. However, as my honourable friend Vicky Ford said, the number for this year is set at 1,500. Because of commitments that we have already made, priority will be given to those who are covered through the Chevening scholarships; those who are involved and engaged through GardaWorld; and, of course, those who were working with the British Council as contractors.
My Lords, I thank the Minister for answering this question. Can he say whether he has any further information on the extent to which the Taliban in Afghanistan, particularly around Kabul, are still pursuing those linked to the British administration—and indeed many others who are linked to foreign organisations? As far as I can tell from the media, that is not a huge problem at the moment but I may be entirely wrong.
I thank the noble Baroness for her work in this area. The picture is different across Afghanistan. There are about eight or nine provinces where girls are being allowed to go to school and women are being allowed to work. However, there are certain places where the local commanders may be operating in a way that does not reflect the openness that we wish to see—even in a limited way—and that is being demonstrated in those eight or nine provinces.
On the specific issues around Kabul, I am sure I speak for the whole House when I say that our current focus is on supporting the direct victims of the tragic earthquake that took place in Afghanistan—and we are doing exactly that. However, the situation with some of the other priority issues, including girls’ education and the freedom of women to go out to work, are certainly among our priorities. As all noble Lords know, the situation is very difficult: we do not have a presence on the ground yet, but we are engaging with the Taliban at an official level. Have we seen co-operation? The short answer is yes. Indeed, I pay tribute to the officials in the FCDO who recently worked specifically, as noble Lords will be aware, on the release of British detainees. That was down to the fact that we worked in a very co-ordinated fashion and to the great courage and commitment of officials in the FCDO, who ensured the release of those detainees.
My Lords, if I understand this correctly, these people are contractors for the British Council, and employees of GardaWorld are working as security contractors for the Government and the embassy. In Scotland, they are very well known to us; we know exactly who these people are and we know a lot about them. Presumably, given what they were doing, we must be very sanguine about their attitude towards security. Why were these people excluded from the ARAP scheme in the first place? Why does the British Council now tell us that it was allowed to put only employees through the ARAP scheme and not the contractors? Why is it only now that we recognise that we should fulfil our obligation not only to them but to their families, to the extent of 1,500 people? Why do we not just include them in the ARAP scheme and give them the flexibility that everyone else has, rather than putting these people—a lot of whom, as we know, are living in daily fear of their lives—through this short window of opportunity to get registered for resettlement and, we hope, to get back to security with us?
My Lords, first, as the noble Lord is aware, there are two different schemes: the ARAP scheme has its eligibility criteria and the ACRS—which is now open as this particular pathway—has its own criteria. I know of individual cases of people being considered for the ARAP scheme but not being accepted on to it. However, there have been opportunities, as we have seen in certain cases, allowing others then to go through the ACRS process.
On the small window of opportunity that the noble Lord asked about, there is a cap on the number we will be taking in year one which is both manageable and, I think, consistent with the announcements we have made previously. Equally, this is only year one; other pathways are also open to those seeking settlement, including Pathway 2, on which we are working very closely with the UNHCR. There are those people, including those from the cohorts we have discussed, who will be in neighbouring countries. We are working very closely with the UNHCR on that pathway as well. Therefore, ARAP, ACRS, Pathway 2 and, indeed, ACRS Pathway 3 are different routes, which enable people to go through a process which would allow for their resettlement in the United Kingdom.
(2 years, 1 month ago)
Lords ChamberMy Lords, it is good to be back here; I hope we can finish the last three groups this evening. I am moving our Amendment 156 on “school land and buildings”. We are very worried about what happened to the state of school buildings following the scrapping of Building Schools for the Future by the coalition Government in 2010. It is telling that a very recent former Minister has also felt the need to table what we think is a very reasonable amendment on this issue. There is clearly growing concern across your Lordships’ House and across the sector more widely.
Our amendment seeks to compel the Secretary of State to
“report on … the condition of all school land and buildings, and … the amount of capital investment that would be required to provide all pupils with access to key amenities”.
We think that, unless we require the Government to report on the condition of the school estate, the Treasury will not recognise the scale of the problem. This is probably what has landed us in the state we are in now.
My noble friend Lady Wilcox was hoping to be here this evening to speak to this. She was very keen for us to highlight the work being done in Wales on school buildings. I am very keen that the Minister should understand exactly what is happening in Wales and to know what my noble friend would have talked about if she were here. In Wales, there is a programme called 21st Century Schools, which is a collaboration between the Welsh Government and local government. It is a significant, long-term and strategic capital investment programme that has created 170 new schools or colleges so far in its first phase, with a further 43 projects already approved for the second phase, which will create schools of the right type and size and in the right place. It ensures the effective and efficient use of educational estate by the wider community.
Unfortunately, the Government’s own analysis of England’s school buildings shows that some are “a risk to life” and “crumbling”, according to internal government documents leaked to the Observer. According to the House of Commons Library, spending generally followed a downward trend between 2009-10 and 2013-14; in the years since, it has fluctuated. Overall, between 2009-10 and 2021-22, capital spending has declined by 25% in cash terms and by 29% after adjusting for inflation. We could do a lot worse than refer directly to the emails that were leaked on this issue. I will quote from an email, which is quite startling, from Department for Education officials to No. 10:
“School buildings: the deteriorating condition of the school estate continues to be a risk, with condition funding flat for FY 2022-23, some sites a risk-to-life, too many costly and energy-inefficient repairs rather than rebuilds, and rebuild demand x3 supply.”
This was on 4 April this year. Under the same heading of “Risks and opportunities”, the official repeats the warning that some school sites are a “risk to life”. The second email says:
“We would like to increase the scale of school rebuilding.”
I hope that noble Lords can see why we are quite so concerned about this issue and felt the need to table this amendment, which we hope will assist the Minister in making the case, which I am sure she can see, to her colleagues in the Treasury. If this correspondence is to be believed, and is supported by others working in schools, then it is something that we all need to be concerned about. I ask her what she is able to do and to commit today to help to alleviate some of the concerns raised. I beg to move.
My Lords, the noble Baroness, Lady Brinton, is taking part remotely and I invite her to speak.
My Lords, I declare my interest as a vice-president of the Local Government Association. Amendments 156 and 171 address the issue of school land and buildings that may not be safe. As the noble Baroness, Lady Chapman, outlined, Amendment 156 asks for condition reports on school buildings and land within a year of the Bill being passed. As we have heard from her, there are real worries that too many schools have major condition problems because school budgets have made it impossible to keep buildings safe and there is no money from central government.
I am particularly delighted that the noble Baroness referred to the Welsh 21st Century Schools plan. Kirsty Williams, while Lib Dem Welsh Education Secretary in the Senedd working in coalition with Labour, led with local government on this. It just shows what can be achieved when there is a will to do it. However, I am afraid that England at the moment is a different story. The Treasury is not providing funds for major structural repairs and rebuilds even when there is danger for children and staff.
One such school is Tiverton High School, which is in need of a multi-million-pound overhaul. The Environment Agency says that it is not a safe place for children, with staff having to deal with rain pouring into leaking classrooms; worse, there have been a number of incidents involving asbestos being exposed and then damaged, which is dangerous to both pupils and staff. Even worse, the school sits on a flood plain and requires flood protection. The school was promised a complete rebuild in 2009. It got planning permission and got detailed designs ready over the next four years, but the money never followed. It is vital that we know the condition of school land and buildings across England, and Amendment 171 says that, where a building is unsafe, the Secretary of State should take responsibility for it.
Under Part 1 of this Bill, the school—currently a foundation school—would become an academy. I ask the Minister: does the Secretary of State become responsible for the condition and fabric of school building and land under the extensive powers listed in Part 1 or is the amendment from the noble Baroness, Lady Berridge, necessary? It seems extraordinary that children are required to go to school in a building which other bodies have said is unsafe, the governors and local authority do not have resources to deal with, and central government just refuses to provide the funding for.
Amendment 167 in the name of the noble Lord, Lord Moynihan, calls for the Secretary of State to ensure that all schools are provided with defibrillators, in school and in sports facilities, which I support. Oliver King, who was 12, died of sudden arrhythmic death syndrome, a condition which kills 12 young people under 35 every week. The Oliver King Foundation has been campaigning for a defibrillator in every school. Last September the Secretary of State for Education announced that every school should have a defibrillator.
In an Oral Question in your Lordships’ House on 15 June, the Health Minister said in response to a question from me:
“while we require defibrillators to be purchased when a school is refurbished or built, one of the things we are looking at is how we can retrofit this policy. We are talking to different charity partners about the most appropriate way to do this. What we have to recognise is that it is not just the state that can do this; there are many civil society organisations and local charities that are willing to step up and be partners with us, and we are talking to all of them.”—[Official Report, 15/6/22; col. 1582.]
While I know that the DfE has been working with the department for health and the NHS to make this happen, including schools being able to purchase defibrillators via the DHSC at an advantageous price, only a few thousand appear to have been purchased so far. The Health Minister is clearly expecting schools to find benefactors to fund life-saving defibrillators at a time when there are many other pressures on school budgets. How do the Government plan to enable all 22,000 schools to be given defibrillators now, not just when their school is rebuilt?
It looks as if we may need to support the amendment in front of us today about defibrillators. This is urgent and I hope that the Minister will give it some good consideration.
My Lords, I speak in favour of Amendment 167 in this group, which is in the name of the noble Lord, Lord Moynihan. He was all ready to move it late last Wednesday evening with my support, but is unable to do so today as he has to be in Wales for important meetings as chair of governors at the Haberdashers’ Monmouth Schools. I am pleased to speak to the amendment and grateful to my noble friend Lady Grey-Thompson for her support, and to the noble Baroness, Lady Brinton, for what she has just said.
We have previously discussed a number of issues that should be mandatory parts of the curriculum. One of these is first aid training. As well as that, every school should have access to defibrillators. I use the plural intentionally, as does this amendment, because one may not be enough. The Haberdashers’ Monmouth Schools, for example, have five defibrillators, one of which, close to the cricket nets in the pavilion, has been used to save a life at a school sporting event.
There are some 60,000 sudden out-of-hospital cardiac arrests each year in the UK. Survival depends on prompt action such as CPR or defibrillation. The chances of survival decrease by 10% with every minute that passes without such action and, in fact, only one person in 10 survives.
Of course, the great majority of such cardiac arrests affect older people, most often in their homes or workplaces, but a significant minority of cases are younger people, specifically those who are fitter and more active. The noble Baroness, Lady Brinton, cited the fact that sudden arrhythmic death syndrome kills 12 young people under 35 every week. Young athletes are three times as likely to suffer cardiac arrests as non-athletes, so access to defibrillators is important not just in a school’s main learning areas but equally, if not more importantly, in its sports facilities.
In my recent Question on defibrillators, I mentioned that devices are beginning to appear on the market that are much smaller, lighter and cheaper than existing models—up to a 10th of the size, weight and price. A recent parliamentary drop-in featured a personal defibrillator small enough to fit in my jacket pocket, which is expected to sell for about £200. I know that exhibits are frowned on, but I actually have a training version of such a defibrillator in my jacket pocket.
Developments like this will open up new opportunities for increasing access to defibrillators and making them much more easily available and locatable in schools, workplaces and homes—indeed, wherever there are risks of cardiac arrest and where defibrillators should be easily accessible, even in sports coaches’ kit bags or in private homes.
Of course, there is limited value in increasing access to defibrillators if people are not familiar with when and how to use them. This is an area where the UK lags behind many other countries. While our overall survival rate is only one in 10—and in some parts of the UK it is a great deal lower even than that—in Denmark, where training in CPR is mandatory in schools and for anyone applying for a driving licence, the survival rate tripled within five years. Italy has introduced new laws mandating defibrillators in public buildings, on transport, at sporting events and in schools, and has a cardiac arrest awareness day every October. I will mention one other example, in the USA: Seattle has increased its survival rate to 62% through a city-wide training programme. There are many other examples to show that first aid training and access to defibrillators actually save significant numbers of lives.
Training, both in basic first aid techniques, including the use the defibrillators, and in recognising the symptoms of sudden cardiac arrest, can easily be done in schools. It takes only a few hours, is readily available at a reasonable cost from organisations such as the British Heart Foundation, British Red Cross, Resuscitation Council UK, St John Ambulance and St Andrew’s First Aid in Scotland, is relatively inexpensive and is practical, enjoyable and confidence building for young people—and indeed older ones, as I can testify from having had such training here in Parliament some years ago when there was a first aid APPG. Incidentally, the intranet lists 27 locations where there are defibrillators on the Parliamentary Estate; it also says that
“Staff should familiarise themselves with where the Defibrillators are located.”
I shall not speculate on how many of us could locate one with confidence.
Amendment 167, from the noble Lord, Lord Moynihan, represents an important first step towards reducing the number of deaths from sudden cardiac arrests in and around schools, including at their sports facilities. Defibrillators are already required in all new or refurbished schools; it makes no sense that they should not be a mandatory part of every school’s first aid equipment. Indeed, the noble Lord, Lord, Moynihan, would argue that they should be as common in public places as fire extinguishers. I hope that the Minister will accept this amendment, or at least spell out firm plans to ensure that defibrillators will become mandatory for all schools—obviously with support for how they can afford them. Failing that, this is an issue that I, the noble Lord, Lord Moynihan, and perhaps others may well wish to pursue further on Report.
My Lords, I am grateful for the opportunity to speak to Amendment 167, in the names of the noble Lord, Lord Moynihan, and my noble friend Lord Aberdare. I draw your Lordships’ attention to my interests in the register, including as president of the Local Government Association.
As my noble friend Lord Aberdare, has already pointed out, sudden arhythmic death syndrome kills 12 young people under 35 in the UK every week. Possibly what is less known is that it has been estimated that up to 270 young people a year die in schools—lives that are surely worth saving. The noble Lord, Lord Moynihan, and I have worked on this area for a number of years, but, for me, more specifically in a sports setting. However, as 40% of sports facilities in England are behind school gates, which also have increasing community use, and as there is a greater drive to open school facilities in the summer holidays, it makes sense to have defibs in every single school.
I know that if the noble Lord, Lord Moynihan, were here, he would say that noble Lords on all sides of this Chamber have made the case for ensuring that defibrillators are not just a voluntary addition to a school’s first aid equipment and should not just be required in new or refurbished schools, as is currently the policy. There should not be differentiation between new schools and older schools. Surely all lives are equally important. However, looking at the data from NHS Supply Chain, its website says that there are 23,000 eligible schools in the UK that could have access to defibs through its scheme to make use of bulk purchasing. As the noble Lord, Lord Moynihan, would have pointed out, the Government need to go further and ensure that there are defibs in all 32,163 schools in the UK. I wonder if the noble Baroness the Minister is able to say how many schools in the UK have defibs and how many do not. Last year, Gavin Williamson, when Secretary of State for Education, was on record in another place as saying that the Government would be looking at
“changing the regulations, which are underpinned by secondary legislation, to ensure that all schools have defibrillators in the future and hopefully prevent such a tragedy visiting more families.”—[Official Report, Commons, 6/9/21; col. 19.]
As the noble Baroness, Lady Brinton, pointed out, the Oliver King Foundation has done a tremendous job in getting 5,500 defibrillators into schools, saving 56 lives. The Joe Humphries Memorial Trust has done a huge amount to get them in to use. I was at an event in the north-east of England yesterday with Rotary North East, and its One Life initiative is amazing. In the last two years, a small team of three people has worked with community groups, individuals and local councillors in the north-east to offer advice and guidance on the subject and to promote the installation of further public access defibrillators across the region. It is fantastic that these groups are doing so much good work, but it is far too ad hoc.
Should this amendment be passed, secondary legislation could be introduced to focus on the types of AEDs; their siting; training requirements; how many should be in our schools; and where should they be placed for easy access. I have read too many cases of lives that potentially could have been saved. This should be an open door in terms of protecting and supporting everyone in the school setting. Would the noble Baroness the Minister agree to undertake a meeting with me, the noble Lord, Lord Moynihan, my noble friend Lord Aberdare and other interested Peers to discuss what steps we can take to keep the door open on this conversation?
My Lords, I rise to speak to Amendment 171 in my name. I am grateful to my noble friend the Minister and her officials for taking the time to meet with me.
Although I immediately concede that there may be drafting issues—in particular, the scenario that I am going to outline may not be dealt with as swiftly as it would need to be by the use of regulations—the amendment is a vehicle to explore with Her Majesty’s Government the legal powers that the Secretary of State has, or does not have, if there should be a failure of a building material within the school estate.
The estate comprises nearly 64,000 teaching blocks and its condition, as noble Lords have mentioned, is an issue that is beginning to be discussed more publicly. Many noble Lords spoke to the issue at Second Reading. While I know that my noble friend will not be able to comment on the recent alleged government leak to the media that some issues in the school estate pose a “threat to life”, there are a number of specific issues in the public domain. For example, reinforced autoclaved aerated concrete is found in hospitals in Norfolk and Suffolk; the BBC reported on it on 16 August 2021 and, when I checked, it had made the news again on 27 April 2022. It is a material also found in schools. In the news report from 2021, the NHS foundation trust was taking legal advice on potential liability for corporate manslaughter.
The question that I am asking Her Majesty’s Government to consider is whether the Secretary of State needs a legal power to be able to bring certain school buildings into their ownership or control—usually that would be by way of a power to direct—if there were a failure in such a building material. To try to avoid the risk of this sounding like a law examination paper, there are, I think, four brief steps to consider to get to the scenario where the Secretary of State might need such a power of direction. First, school buildings and virtually all land are not owned by the Secretary of State. Land and buildings are leased to the academy trust—in that scenario, from the landowner, usually the local authority, a diocesan trust, other charitable trusts, occasionally a university or FE college or, in a very small number of cases, from the DfE when it is a free school. The academy trust is, in law, the “responsible body” in charge of the land and buildings. For maintained schools, the responsible body is the local authority and, for maintained church schools, it is the relevant diocesan authority. Responsible bodies are legally responsible for the building.
Secondly, obviously, if there is a building material failure, it could be present in other school buildings. In such a situation, responsible bodies—here I must put on record the excellent capital team of the Department for Education—would of course spring into action. They would be inspecting, sending out surveyors and providing reassurance on the safety of buildings.
However, to move to step 3, if a responsible body says “No, we disagree with the Department for Education and the assessment of our buildings; we are closing them”, the DfE may maintain until the cows come home that the buildings are safe, but it is not the decision-maker.
Fourthly, noble Lords might say to me, “All these responsible bodies and schools are insured.” That is correct, but insurance or the DfE risk assurance protection are irrelevant to the liability that a responsible body, and possibly its trustees, might believe they face under the Health and Safety Executive powers or any criminal liability. The department of course faced similar issues to this when dealing with health and safety during Covid but, under the Coronavirus Act, the Secretary of State did have a power to direct a school to open or close. The political realities of using that power were another matter of course. That power to direct has gone.
I accept that the risk of this occurring is very low but, if it does materialise, there could again be disruption to the education of hundreds, if not thousands, of pupils. I believe this is a legal question that parents and schools should know has been considered in your Lordships’ House if, God forbid, this eventuality ever arises—even if the DfE says to noble Lords, “No, we do not want such a power to direct the ownership or control of school buildings to the department.”
When one of noble Lords’ main criticisms of this Bill is the scope of the powers that the Secretary of State is taking in Part 1, it would be ironic if, by way of this amendment, I have discovered the only power that the Secretary of State does not think he wants. While I appreciate that my noble friend the Minister might not have an answer today, I reserve the right to bring back this important issue on Report.
My Lords, I apologise to the noble Lords, Lord Aberdare and Lord Moynihan, and to the noble Baroness, Lady Grey-Thompson, for having on two occasions said that I must sign an amendment and then failing to do it. I must also declare an interest here; although young people may fall down occasionally, it is usually older, occasional sportsmen who do so, and I am certainly in that category.
As was mentioned before, many sporting facilities are on school grounds. If we want people playing sport, and playing it as safely as possible, we should really make sure that, at the very least, school sports grounds—which have more structure and over which we have more control—have access to defib. It is a pretty common practice now. Most people say that, if you follow the instructions, you will be able to use it correctly, although extra training cannot hurt. Indeed, it sounds like the noble Lord, Lord Aberdare, is a man to be beside when you are under any stress at all if he has the thing with him. If we can put something in the Bill that says we will have better coverage of defib capacity and some training on how to use it, or at least make it more common, that will be a definite step forward.
I live in a village designed for horseracing, and on the high street there is a nice big yellow defibrillator, because if people fall off horses and get injured, defib might be required. This is something we can do easily and in a straightforward manner that will make people’s lives that little bit safer. I recommend that we embrace this and go forward with it, if not in this exact form then, I hope, something very like it.
I will briefly cast my eye over the other two amendments in this group. On the amendment of the noble Baroness, Lady Chapman, I like the idea in proposed new paragraph (b) of having a list, including sports fields, to make sure that we know how they are doing. I have a Private Member’s Bill that puts a little more emphasis on this, so possibly I am biased.
I do not have to tell the noble Baroness who will be responding for the Government just how important is the capacity of computers to help many people in their educational process, and making sure they are up to date. These are two good examples of why the idea within the amendment should probably be brought further forward. It would be a good thing.
As for the noble Baroness, Lady Berridge, I had not really considered what she has brought forward but it does sound sensible. I look forward to hearing the answer. It occurs to me that there is a certain degree of irony here; we often argue against overregulation, but this sounds like one they have missed that might be very useful.
My Lords, we support all three amendments in this group. I declare my interest as vice-president of the Local Government Association.
I start by telling the Committee that every single school on Merseyside has a defibrillator. Why? As we have heard, at the school that my daughter attended at the time, a young boy called Oliver King had a tragic sudden cardiac arrest in the swimming pool and died. As noble Lords can imagine, the school was grief-stricken; the pupils and the staff needed counselling. However, from that awful tragedy something wonderful happened, in that Mark King established a charity in his son’s name, the Oliver King Foundation, with the simple aim of putting a defibrillator in every school on Merseyside. As noble Lords can imagine, the community rallied round—the local press, benefactors, et cetera—and it happened. As we have heard from other noble Lords, Mark has continued his mission, not just for Merseyside but for schools throughout the UK. He was a frequent visitor to Parliament, trying to encourage MPs and Peers to get behind his campaign. I have to single out former Education Minister, the noble Lord, Lord Nash, for whom I managed to arrange meetings with Mark King. The noble Lord had planned to celebrate, so that when we reached the target of, say, 1,000 defibrillators in schools, we would have a party. Unfortunately, the noble Lord, Lord Nash, was reshuffled, or decided to leave, and that never happened, but he was very helpful and supportive in that campaign.
I mention that it is not going to be expensive, as the noble Lord, Lord Aberdare, rightly said. We are not allowed to use props or visual aids in the Chamber, but an Australian and a Canadian—noble Lords have probably met them as well—have come up with something, because most cardiac arrests actually happen in the home. They do not happen in public places, at schools or sporting events; most happen in the home and it is too expensive to spend several thousand pounds to have a defibrillator in your house unless you are very wealthy. These two people—one is an inventor and the other a salesperson—have invented a defibrillator which is about the size of a notebook. They are very simple to use and they cost, I think, just under £200. If you cannot afford that, there is a monthly subscription of a few pounds, and there is no reason why everybody should not have one in their home. For those who cannot afford one, there should be some mechanism of support. I gave mine to my noble friend Lady Walmsley and she promised me she would show it to the Health Minister. Maybe she will show it to the noble Baroness, Lady Barran, as well, or I will get it back off my noble friend. It is a real way forward.
I agree with the noble Lord, Lord Aberdare, when he rightly says that this is about protecting young lives. There are various other things we can do. Defibrillators should be available in every school, but so too, for example, should an EpiPen—it should be mandatory for every school to have one. Again, the noble Lord, Lord Aberdare, puts his finger on it when he says that every school should include first aid training as part of its curriculum. It does not take long. There is a gap when year 6 pupils have finished their SATs and are kicking their heels before they go to secondary school. That is an ideal time to do first aid training. It could be four or five sessions, and St John Ambulance or the Red Cross are only too willing to help out. There are wonderful schemes whereby they can provide lesson notes and all the rest.
Similarly, another area that should be mandated—by the way, I have a Private Member’s Bill on this—is water safety. We could prevent young people drowning if people knew proper water safety. This is about preserving lives, so it is hugely important. I am sorry that I have repeated the points that others have made.
The amendments on school buildings are absolutely right. At Second Reading I mentioned the internal memos, which the Minister will know about, outlining real concerns about the safety of our school buildings. This has gone on for a while—the coalition time was mentioned; I am not sure if that is true but perhaps it is. Of course, the Building Schools for the Future programme was excellent, but many of the buildings were very shoddily built and had a life expectancy of 20 or 25 years. Never mind the whole business of PFIs and whether they were good value for money—we will not go there—but I know from personal experience that many of the buildings, certainly the ones I have seen, are quite shoddy in my opinion; they are well past their proper use. These two amendments are hugely important and I hope that, between now and Report, we can look at them carefully and see what support we can give.
I thank the noble Baroness, Lady Chapman, for Amendment 156. Well-maintained and safe buildings and facilities are essential to support high-quality education, and they remain a priority for this Government. Perhaps the noble Baroness will be very kind and pass on my thanks to the noble Baroness, Lady Wilcox, for her update on the Welsh strategy.
As my noble friend Lady Berridge pointed out, responsibility for school buildings lies with the relevant local authority, academy trust or voluntary-aided school body. Those organisations are best placed to prioritise available resources to keep schools safe and in good working order, based on their local knowledge. We provide significant annual capital funding, major rebuilding programmes, and extensive guidance and support to the sector. We have allocated more than £13 billion to improve the condition of schools since 2015, including £1.8 billion committed this year.
The amendment is not saying that we should compel schools, for that reason. My noble friend may need to come back to this, but what happens in a scenario where there is no agreement between the department and the responsible body about what should happen to a building? That is the key issue in the amendment: transferring the responsibility to the department. Although I appreciate the detailed case-by-case examples, it is a very different scenario if you have a building material fail across thousands of schools and risk going across the system. Can my noble friend say what happens if there is disagreement in that kind of scenario?
It might be most helpful to the Committee if I come back to my noble friend. She is right to insist to have this point discussed on public record but it would be more useful to take a real example that we can quantify in some way.
On Amendment 167 in the names of my noble friend Lord Moynihan, the noble Lord, Lord Aberdare, and the noble Baroness, Lady Grey-Thompson, we absolutely recognise the importance of defibrillators. That is why our guidance for building new schools has included the provision of defibrillators since 2019. As noble Lords referred to, we have also worked with NHS England to establish a framework for schools to purchase defibrillators at a reduced rate. I thank the noble Lord, Lord Aberdare, for his update on the latest in defibrillator technology, and I would of course be delighted to meet with the noble Baroness, Lady Grey-Thompson, and colleagues.
I was touched by the reference of the noble Lord, Lord Storey, to the tragic death of Oliver King; a friend of my children died in a school local to us, so I am all too aware of the tragedy involved in such cases. I am pleased that the Secretary of State has committed to working with the Oliver King Foundation to ensure that all schools have access to defibrillators. We are currently working on options to deliver these life-saving devices, and I look forward to being able to update noble Lords on that before too long.
I am told, for your Lordships’ benefit, that there is a defibrillator in Black Rod’s box, so we are all now informed.
I therefore ask the noble Baroness, Lady Chapman, to withdraw her Amendment 156 and ask other noble Lords not to move the amendments in their names.
I am very pleased to hear what the Minister has just said about defibrillators. I was waiting to hear what noble Lords said on that amendment before responding, and I have to say that the case is overwhelming, given the tragic cases of Oliver King and a young person who was a friend of the Minister’s family, as she said. It is very strange that whether these devices are accessible to you largely depends on when your school was built. That does not seem to make any sense. They are not expensive and the benefits are incredible. I am encouraged by the Minister’s last sentence about wanting to come back to us, I hope on Report, with something more on that.
On the amendments on school land and buildings, I think I followed what the noble Baroness, Lady Berridge, was arguing. Had she not tabled her amendment, that issue probably would not have come to the attention of noble Lords. Again, we need to hear what the Minister has to say on that. If she is intending to write to the noble Baroness, could that letter be shared so that we can all appreciate and understand how the Government intend to answer that question?
On the amendment I tabled alongside my noble friend Lady Wilcox, we remain concerned about the condition of school buildings. I understand the points made from the Liberal Democrat Front Bench about BSF, but I gently point out that if you were a governor at a school who had put a lot of time and effort into their BSF bid—as I did at the time—and then had that cancelled, you would much rather have what the noble Lord describes as a less than gold-plated building to learn in than what we were presented with: a leaky, cold, not particularly safe building that dated back to the 1970s. I would have bitten Michael Gove’s hand off at the time to get that bid agreed. It was not as if BSF was replaced with something less bureaucratic, which I can accept may have been needed. That did not happen and the investment was not forthcoming. I understand that the Minister does not want to comment on leaked documents, but we find ourselves now in a situation where, as a parent, you read that there is great concern that buildings are deemed a risk to life. That is something we need to continue to press Ministers on and may well return to on Report. I beg leave to withdraw.
Our Amendment 171H would require the Government to ask local authorities to work with schools in their area to establish an education partnership organisation. I want to say a little about why that is a good idea in the context of all our schools becoming academies. Partnerships are an excellent way to support schools and to tackle some of the area-wide issues that are difficult for schools to address by themselves. This could include music, theatre or sport; brokering support with external providers; sharing facilities; or, in the spirit of the Bill, doing anything else they can come up with when they get around to thinking about it. Our amendment is very similar to that tabled by my noble friend Lady Morris. I am sure she will share her experience with the Birmingham Education Partnership and the benefits that has brought to children in Birmingham.
The thinking behind this approach is that it takes a village—or a town or a city—to raise a child. The whole community has a stake in making sure that we do the best job possible to support and encourage our young people. My experience of this approach comes from chairing the Darlington Children’s Trust, where we were very keen on partnerships to tackle the trickiest issues. We would apply this approach to just about anything, including long-term health concerns, growing older, anti-social behaviour and school exclusions. We think that anything that needs a joined-up, place-based approach is best tackled with multidisciplinary partnership thinking.
Now that local authorities have a much-diminished role in education, with youth services and early intervention and prevention unrecognisably altered for the worse, we need an approach that encourages public services and schools to pull together—to agree priorities, share strategies and even pool budgets to support children and young people. All the secondary schools in Darlington are academies and, although they no longer have to do it, there is definitely a culture of collaboration. However, that is being increasingly tested the more time moves on and as some join MATs based in other parts of the country.
My amendment and that tabled by my noble friend Lady Morris would be a helpful step in the right direction. Her amendment would enable partnerships to bid for resources and be part of the school system, which is an incredibly good idea and something that we would like to see encouraged in other areas of the country. If the Government take the view that these partnerships should be a coming together of the willing, as opposed to compelling organisations to work together—I can kind of see an argument for that—they could at least be more proactive in encouraging them to work more closely together. It might be that we want to discuss ways that this could be achieved.
The noble Lords, Lord Davies of Brixton and Lord Hunt of Kings Heath, have tabled amendments to extend the role of the Local Government Ombudsman. We particularly support this in relation to admissions, where parents are relatively powerless to challenge in any meaningful way. We think that there should be an independent process; that would be incredibly helpful.
I do not have a strong view whether that should be through the Local Government Ombudsman: there might be other locally based, more user-friendly ways to approach it, but I absolutely agree with my noble friends Lord Hunt and Lord Davies that with so many schools now academies, it is not fair to deny parents the ability to challenge decisions through an independent process. I beg to move.
I shall speak to Amendment 171U in my name in this group. I support the other three amendments, but I shall not comment on those that have not yet been moved. I declare my interest as the chair and a trustee of the Birmingham Education Partnership and a member of the Association of Education Partnerships. I also acknowledge that the Minister has already given me and my colleagues some time to discuss this issue, for which we are grateful, but I have come back in this setting because some legislative change could help the work we do.
I emphasise the differences between this amendment and that just moved. I do not have a problem with children’s trusts: if they develop in that way, that is great and they can be a partnership for all services, but my thinking and experience has been of partnerships for school improvement, hence my amendment today, but I am not against taking that wider to the children’s trust idea. The problem my amendment solves is this. The thrust of the Bill into multi-academy trusts is an acknowledgement that schools need to work together: isolated schools are free to fail as well as free to thrive. In schools that are working together, you add capacity to the system.
At the moment, in any geographical area, we have church schools, maintained schools, academies and schools in multi-academy trusts—in one area or beyond. Even if every school in a group is a member of a family, the problem is still not solved because there are still gaps between the groups. Whereas we worried about the fragmentation of individual schools going it alone, even when every school was in a multi-academy trust in 2010, they could fall between the cracks of different groups in any geographical area. At the moment, the problem is worse, because some schools are in multi-academy trusts and some are still maintained, some are still relating to the regional schools commissioner, some to the local authority and some to the diocese.
In an area as big as Birmingham, with more than 400 schools—and it is not the biggest local authority area in the country—that fragmentation is writ large, even if no school is a stand-alone school unconnected to anybody else. Even if we get everybody into a multi-academy trust by 2030, we will still have the gaps between the trusts. That is a problem, in my mind. It is a built-in weakness of the system, in two ways.
Schools have responsibility, first and foremost, for the children in their school. That is what teachers get up and go to work for, and that is where their prime responsibility lies. I have always thought that every teacher accepts a second responsibility, and that is for the children in the area where they teach. They want their children to be best, but they do not want them to be best at the expense of the failure of children in the neighbouring school. They want to accept both those professional responsibilities: primarily, to the children in the school but, secondarily, to the children in their area.
I taught in a Coventry school. If someone asks, “What were you?”, I say, “A teacher in a Coventry school.” It meant something to me. I was educated in a school in Manchester, and that means something to me. That notion of place defined, in part, my experience as a pupil and defined, in a larger part, my experience as a teacher. We have knocked that out of the system.
Even if we get where the Government want us to go, where everyone is in a multi-academy trust, we will have solved the problem of isolated schools but there will be nothing at all that acknowledges place. Who holds the ring for education in Birmingham as a common good, a common endeavour? That is so important: it is what pupils, parents and teachers feel. All the partnership does is act as an umbrella under which every school can come together to recognise their joint endeavour as delivering a local education service. That is not being part of the local education authority; it is an acknowledgement that they, together, deliver the local education service—call it what you want.
Nothing in any of this legislation will allow that to happen. I am aware of more than 30 geographical areas—usually based on a local authority, because that makes sense to people—where schools have, by their own will, because they know it is needed, formed a partnership to deliver their second professional responsibility, which is to act in the interests of every child in that area. You can say, “That’s great: get on with it, go and do a good job, you do not need government to tell you what to do or give you permission to do it”, and indeed you do not and indeed they will. What is missing is a government acknowledgement that they are a player in the system. That is the important thing.
I can give a number of examples. The Government will put out a request for a bid or initiative, ask for volunteers or seek partnerships, but they only do so with the multi-academy trusts, which means that the partnership cannot collectively, on behalf of all its members, bid for the money, try to be a partner or try to be a player in the game. They have to read between the lines to make sure their local area is not deprived of resources.
That is what is missing. I look to the Government to say, “Yes, there is a need in our education system to acknowledge place and deliver for it, and that schools want responsibility for that that goes beyond the children in their class—they want to accept the wider responsibility for children in the area.” At the moment, as we know, every measurement—every accountability structure—militates against that happening. Even in the bidding arrangements, MAT has to bid against MAT in Birmingham for resource for Birmingham children. That does not make sense. Why would you want one MAT to fragment and bid against another to get resource for Birmingham children? If the partnership could bid and the bid go through the MAT—the partnership is no more than the MATs, it is no more than all the groups within the city of Birmingham—that would focus on school improvement and acknowledge the notion of place.
I very much take the point made by my noble friend Lady Chapman about working with other organisations. If a museum in a geographical area, a sports club, the local orchestra, the drama club or a local employer wants to work with the school, because of the demise of the local authority, there is no one to whom they can go to make those links. They end up either just finding a school and working with it because it is easier—that is great, but no one else gets a look in—or they give up because there is no one door through which they can go to say, “I am now working with all the schools in Coventry”. Partnerships are a one-stop shop for any of those essential partners in educating our children to knock on the door to say, “I want to work with Darlington schools.” We could say, “Right, we are the place that can make the introduction.”
For lots of reasons—and now in particular because the system is fragmented, but even when it is as the Government want it to be; I have my own views on that, but I am not going into them now—there is still the need to work in partnership, to recognise place and to mind the gaps between smaller groups that have been reconstructed into local authority areas.
My Lords, I have two amendments in this group and support my noble friends Lady Chapman and Lady Morris in their Amendments 171H and 171U. I have seen at first hand the huge value of the Birmingham Education Partnership, which my noble friend Lady Morris has led, and the impact that it has had on schools. On this issue of who in education can talk to some of the other sectors, the Minister will know that my principal interest is in health. I have mentioned a couple of times, particularly in relation to mental health, the need for the education sector to have a strong voice around the table of the new integrated care partnerships and integrated care boards that the health service has now established. I do not know who in education in Birmingham will do that, unless we have my noble friend, and have the Government recognising that it has a very valuable role to play. I hope that the Minister will consider this between now and Report, whenever that is—perhaps she will say when Report will be, though I am not hopeful of that.
Turning to my Amendments 171T and 171W, earlier in Committee we had a lot of debate about academisation and the role of parents in schools. Many noble Lords referred to what I can only describe as the chaotic nature of the admissions system to secondary schools, particularly when it comes to academies, where parents are faced with multiple application forms and details of schools. This is bewildering to them and not in the best interests of children. My amendments are an opportunity to strengthen the rights of parents and to increase the public accountability of schools by setting out straightforward, practical changes, to simplify the confusing system of redress that is currently faced by parents and carers if they raise concerns about their child’s education. I am very grateful to my noble friends Lord Davies and Lady Blower for their support, and to my noble friend Lady Chapman for what she said in her introductory remarks, particularly in relation to the admissions system.
The changes that I am proposing can be delivered easily and at low cost, through the logical extensions to the existing remit of the Local Government and Social Care Ombudsman. My noble friend Lady Morris has said that the principle is important and that who does it is a secondary consideration. I accept that, but the Local Government Ombudsman has an important role to play, having had a tried and tested mechanism to remedy public complaints and to improve local services for nearly 50 years. The ombudsman’s remit already includes many education and school-related matters.
My Amendment 171T would enable parents to seek an independent investigation into complaints about admissions to academies if they think that their child has been wrongly denied access to their preferred choice of school. Prior to the introduction of academies, parents had the right to bring complaints about defects in school admissions processes to the local ombudsman. Over many years, this has been a robust system. Indeed, the ombudsman published one of its regular reports just last week, highlighting shortcomings in the admissions process at a popular and oversubscribed school in Surrey. Its intervention resulted in a fresh appeal for the pupil involved and an undertaking from the school to review and improve its system for others in future. It is a practical, transparent and proportionate system that has been proven to work well for parents, pupils, and schools.
However, since the introduction of academies—and we are on a pathway to full academisation by 2030—the complaints process for school admissions has become increasingly disjointed. Although complaints about admissions to maintained and voluntary-aided schools continue to be investigated by the ombudsman, complaints about academy admissions must be addressed to the Education and Skills Funding Agency, a body which does not have the same powers, purpose or independence as the ombudsman. This means that, in practice, parents with concerns about one of their most important decisions regarding their child’s education are potentially faced with navigating two entirely different complaints systems through two entirely different bodies. This amendment will remove this needless complexity by bringing academy and free-school admissions within the single scope of the ombudsman, and we can restore the previous one-stop arrangements for parents and carers.
Amendment 171W proposes an equally practical but perhaps an even more important extension to the rights of parents and pupils: the right to complain about what goes on within the school itself. It is remarkable that schools are one of the only public services in this country for which there is no completely independent right of complaint and redress. People have a statutory right of access to an independent investigation into complaints about their local council, the police, the Armed Forces, the health service, universities, and central government departments, but not about schools.
There is an in-house schools investigation service that operates within the Minister’s department, and which looks at complaints about local authority-maintained schools. There is also a separate academy complaints service run by the ESFA. However, these services are limited in their scope. They are mainly responsible for checking whether schools have followed the required complaints procedure. They do not carry out a fresh investigation into the substance of the issue that was complained about. They do not come to an independent view on whether there has been fault, and they cannot provide a remedy for parents or pupils.
I am not critical of the staff who carry out the current arrangements. However, those arrangements fall a long way short of the rights and redress available in most comparable sectors. My amendment would provide a comprehensive and genuinely independent schools complaints service simply by extending the functions of the ombudsman. It is important to note that this is not a novel or untried proposition. This is a role that the Northern Ireland Public Services Ombudsman already performs with great success. It is a duty that was previously piloted by the Local Government and Social Care Ombudsman in England under the Apprenticeships, Skills, Children and Learning Act 2009. Unfortunately, the 2010 election intervened, and the function was not implemented, but it was thoroughly tested at that time in schools across 14 local authority areas.
There is support from the Commons Education Committee for an extension to the ombudsman’s remit so that it might look more effectively at the support given in schools to children with special educational needs. If that is right, and if the committee is right, if it makes sense to extend that to SEND children, then surely it makes sense to extend it to all children in all schools, whatever category. I very much hope that the Minister can consider this.
My Lords, I support these amendments, particularly Amendments 171T and 171W, to which I have added my name. The case has been set out extremely clearly by my noble friend Lord Hunt, but it is worth emphasising the logic of the proposed change.
To a parent faced with one of the most difficult decisions in relation to their child—choosing a secondary school—it is incumbent on us to make that process as simple and as clear as possible. Unfortunately, because of how the system has developed, that is currently not the case. We have the extraordinary circumstances that in some local authorities the appeals system for academies is run jointly with the local authority. A parent may have applied to a maintained school and to an academy and been dissatisfied with the result but then discover that there is one system of appeal for the maintained school and another system of appeal for the academy, which cannot make sense.
It is reasonable to propose that the ombudsman has considerable experience in the tried and tested process of reviewing problems with school choice. My noble friend said that who should do the job is not an issue of principle, but the ombudsman is there and has been doing this work. It would be wrong to make the system of appealing against school decisions out of line with the generality. If people have a complaint, they should know where to go and should not have the barrier of figuring out which is the appropriate appeal body. There is considerable justification for allocating it to the ombudsman but, if another proposal were to come forward from the Government, we would have to consider it seriously.
The point has been made that the ombudsman currently cannot make judgments on issues within the school gates: it can if it is a local authority issue but, if it is within the school gates, it has no right to pursue an issue on behalf of concerned parents. Again, this cannot make sense. This is a public service. We need a proper system of review by an independent body.
I spent a bit of time trying to discover the argument behind dropping the provision in the 2009 Act, which provided for the ombudsman. Could the Minister enlighten us and explain why it was taken out in the Education Act 2011? It appeared to be a case of the Minister wanting not to lose power to an ombudsman. On balance, I think that the Committee would prefer the ombudsman to make this sort of decision as opposed to it being a matter for the Minister. I am sure that parents would prefer to have an independent expert body looking at the issue, whether the ombudsman or some other body.
I strongly support the amendments and hope that the Minister can give a helpful response.
My Lords, I will make a brief intervention. I agree with what the noble Lords, Lord Hunt and Lord Davies, said about the ombudsman. A process is being proposed; if you extend the ombudsman’s remit, you have the advantage of a process that is understandable to those who might wish to make a complaint. I very much hope that the Minister might be willing to look at how an amendment could be phrased, perhaps by the Government or by all-party agreement, on Report. That might bring us to a solution on how those who want to make a complaint can be assisted because, as the noble Lord, Lord Davies of Brixton, just said, it would be better if this were done by someone who is perceived to be independent than by the Minister.
The other half of the group relates to partnership boards. Noble Lords explained why there are two amendments, Amendments 171H and 171U. When I read the amendments, I much preferred the one from the noble Baroness, Lady Morris, partly because it is quicker: it would force the Government to do something practical very quickly, which is to produce the guidance. The truth is that the two amendments could be brought together. As the noble Baroness, Lady Chapman, said, we should have a culture of partnership rather than competition and, as the noble Baroness, Lady Morris, said, we need a one-stop shop to fill the gap between the groups of schools. All that seems eminently logical and would therefore have my support.
Previously in Committee, I talked about partnerships between schools and FE. Of course, there is the potential for greater partnership working with the independent sector as well. How all that is brought together seems to be of fundamental importance. The whole concept of working education partnership boards is very important to a local area. Again, I hope that the Minister will be agreeable to finding ways in which this could all be brought together through all-party agreement to ensure that there is this local focus created by education partnership boards.
My Lords, I thank the noble Baroness, Lady Chapman, for Amendment 171H and the noble Baroness, Lady Morris, for Amendment 171U, both on local education partnerships. I very much enjoyed my meeting with the noble Baroness, Lady Morris, a few months ago to discuss her important work chairing the Area-Based Education Partnerships Association. I absolutely agree with both noble Baronesses and other noble Lords about the importance of local coherence and collaboration between different parts of our schools system.
The noble Baroness, Lady Morris, talked about the importance of school improvement in part underpinning her amendment. She will be aware that, in the schools White Paper, we set out a specific plank of the strong trust framework focused on school improvement. We absolutely support the spirit of her amendment but, as she knows, we believe that this is best done through strong multi-academy trusts.
However, as all of your Lordships have said, it is vital that trusts, local authorities and other actors in the school system work together effectively. The schools White Paper sets out our commitment to ensure that this is the case, and the special educational needs and disability and alternative provision Green Paper outlines proposals to enable statutory local SEND partnerships. We are also establishing local partnership boards in the 24 priority education investment areas that bring together local authorities and strong trusts to help identify local priorities and drive improvement at key stage 2 and key stage 4.
However, we do not believe that either of these amendments is necessary. We have already committed to developing a collaborative standard, which will facilitate effective partnerships between trusts, local authorities and third sector organisations to impact their communities positively in the way your Lordships have described. We will work with the sector to develop the detail of this standard as part of the regulatory review.
The noble Baroness, Lady Morris, talked about the importance of place. Again, we agree with her. She will be well aware of our work previously on the opportunity areas and, more recently, on the education investment areas.
What the Minister just said is very interesting. I was going to intervene to ask what mechanism the Government will use to bring them together. Am I right in interpreting what she said as that the mechanism might be something the Government will look at in the regulatory review? If so, at that point, would she consider partnerships as one of the mechanisms that might bring it about?
I am sure that the noble Baroness would not allow me to get away with prejudging the findings of the regulatory review. In all seriousness, the point of the review is to engage intensively with the sector and partners. I was going to invite her to meet to talk about some of these points in more detail as the review progresses. The review will also develop not just the collaborative standard that both noble Baronesses pointed towards but the area-based approach to commissioning, which we articulated in the guidance we released in May on implementing school system reform.
I also point to the work done by the Confederation of School Trusts, which represents many in the sector. It has done a lot of work on public benefit and civic duty, which speaks to the spirit of what is behind both noble Baronesses’ amendments and which we support very strongly. Although we continue to emphasise the importance of local partnerships, we do not believe it is for government to mandate a particular form in every area, and we believe that local partners are best placed to determine the arrangements that are right for their areas.
I now turn to Amendments 171T and 171W, both tabled in the name of the noble Lord, Lord Hunt, which seek to extend the role of the Local Government and Social Care Ombudsman to include complaints about academy admissions. There is already a strong and effective route for complaints by anyone, including parents, about academy admission arrangements, including oversubscription criteria, through the independent Office of the Schools Adjudicator, whose decisions are binding and enforceable. Forgive me: I am not sure I heard the noble Lord refer to that, but we believe that system works very well.
Where an individual child is refused a place at a school they have applied to, the parent always has the right to an independent appeal. We made changes to the School Admissions Code last year to improve the process for managing in-year admissions and to improve the effectiveness of the fair access protocols, the mechanism to find places for vulnerable and unplaced children in-year. The local authority can direct a maintained school to admit a child and the Secretary of State has the power to direct an academy to admit a child. Looking forward, the schools White Paper confirmed that the Government will consult on a new statutory framework for pupil movements between schools and a back-up power to enable local authorities to direct an academy trust to admit a child. More broadly, there is a requirement that every academy trust has a published complaints procedure and, in turn, that this must include an opportunity for the complaint to be heard by a panel containing members not involved in the subject of the complaint and one person not involved in the management or running of the school.
As noble Lords have rightly said, it is important that parents have access to a strong and effective appeals process. The department currently provides a route for independent consideration of complaints about maladministration of appeals in relation to academy schools. To put this in perspective, we received 374 complaints about maladministration by independent appeal panels between 1 April and 31 December 2020. Of these, 123 complaints were in scope and were considered further. However, that is a tiny number compared to the total number of appeals that year, which was 41,000 for academies and maintained schools. We are aware that the Local Government and Social Care Ombudsman has made proposal in its triennial review, similar to the one supported by the noble Lord, Lord Davies of Brixton, that it should include maladministration of academy appeals. We are considering its proposals and will publish a response in due course. Therefore, we believe that there are sufficient measures in place for academy complaints and that these amendments are not necessary. I ask the noble Baroness, Lady Chapman, to withdraw Amendment 171H and other noble Lords not to move theirs.
I am very grateful to the Minister for her response. The amendments that my noble friend Lady Morris and I tabled are different, but they come from the same place, if I may put it like that. My experience is more about getting anyone who has any interest whatever in the life of young people in a particular place together, and I found that useful, but I completely understand and support the idea of getting a focus on school improvement. There is a lot to be said for that and it is pleasing that the Government are, I think, starting to recognise the value that brings and the need to allow for a place-based approach. Children live in a particular area and a particular community, and it is a problem when schools do not work together.
As an example, we had a problem with transition between primary and secondary school. We were able to get all the schools to work together and to agree that they would have one week that primary schoolchildren spent in their secondary school and the secondary schoolkids spent at work experience or in their sixth form or FE college nearby. Everyone did it together, it made life a lot easier and it made the experience far more beneficial for the children involved. There are practical things but it needs somebody to hold the ring and to organise and broker that agreement. If you do not have that, these things just do not get done. That is all we are trying to get at.
The other thing it does is to make head teachers and subject leaders, and perhaps a PHSE group in primary schools, accountable to one another. That is so valuable. My noble friend Lady Morris said that she felt she was a teacher in Coventry and had a responsibility to that place in which she had an identity. Mutual accountability brings out the best in school leaders. We are very pleased to hear that the Government are looking at it. I will go away and have a look at the things the Minister referred to, but I wonder whether the approach she outlined is strong or energetic enough to inspire that collaboration at a local level everywhere that needs it. It is interesting that EIAs will be asked to work on that. I would have thought that if it is beneficial to areas with that kind of problem, it would be beneficial to areas that fall just outside the criteria for them. I cannot think of a place that would not benefit from having school leaders and others working together.
On the Local Government and Social Care Ombudsman, we need to look at the Office of the Schools Adjudicator, but having said what I said initially and having listened to my noble friend make an incredibly good case, perhaps I have to look again at my experience of the Local Government and Social Care Ombudsman, at how user-friendly or not it might be and at whether there is something that could be done quite straightforwardly along the lines outlined by my noble friend that would improve the situation. I beg leave to withdraw the amendment.
My Lords, I am speaking to Amendments 171J and 171 K in my name, and I should declare an interest as a vice-chair of the All-Party Parliamentary Group on Oracy. I want to acknowledge the support I have received from I CAN, the Royal College of Speech and Language Therapists and Voice 21, just three of the 39 organisations which have circulated a comprehensive briefing on these amendments to noble Lords.
These are probing amendments to clarify how the Government intend to ensure that children are adequately supported in schools to develop proficiency in spoken language, or “oracy”. In framing these amendments, the aim was to ask questions of the Minister, specifically on how the Government will raise the status of spoken language in the education system to reflect its importance to children and young people’s outcomes in education, as per evidence from the Education Endowment Foundation, how they will support schools to address the ongoing impact of school closures on children’s spoken language across all ages, and how they will ensure that every teacher is equipped to understand how to develop children’s spoken language skills and ability and are trained to identify those who struggle with their speech, language and communication and are thus in need of further support.
The noble Baroness, Lady Brinton, is taking part remotely. I invite the noble Baroness to speak.
My Lords, I declare my interests as a patron of the Traveller Movement, a member of the All-Party Group for Gypsies, Travellers and Roma and a founding chair of the All-Party Group on Bullying. The noble Lord, Lord Watson of Invergowrie, has introduced his probing Amendments 171J and 171K, ensuring that the Secretary of State reports on spoken language, or oracy, and communication, and that Ofsted
“must assess the provision available to develop pupils’ spoken language and communication skills”.
I support these amendments, and not just because of the problems that very young pupils have had with lockdown during the pandemic. He laid out very clearly why oracy is absolutely critical for children right from the very start, and certainly in their early years once they get to school.
In some areas it can be extremely difficult for children with speech and language difficulties to get any appointment at all, let alone a speedy appointment, with speech and language therapists, who, frankly, are among the unsung heroes of the NHS and the education system. The Royal College of Speech and Language Therapists, in its response to the Health and Social Care Select Committee inquiry into clearing the backlog caused by the pandemic, has identified that a minimum increase is needed in the speech and language therapist workforce of 15%, but year-on-year increases in recent times have been around 1/10th tenth of that, at 1.7%. Then there are delays while newly qualified speech and language therapists gain the expertise they need. Meanwhile, the schools White Paper—Opportunity for All, which was published in March—is silent on how to reduce the ever-widening language gap for disadvantaged or disabled schoolchildren.
I know from my granddaughter’s experience of SLT support almost from birth—because she frequently used an oxygen mask and had a feeding tube down her throat for the first three years of her life—that SLTs can perform miracles with babies, toddlers and children who literally cannot use their voice for large parts of the day. Without more staff, though, they cannot work with more children. I absolutely support the aims of the amendments from the noble Lord, Lord Watson, but, frankly, we have to tackle the workforce issue too. I hope the Minister will tell the House how the increasing speech and language workload can be managed without a corresponding increase in therapists.
Amendment 171L, on a children’s Covid-19 recovery plan, looks extremely sensible. I have one question for the Minister. Last week, an employment tribunal confirmed that an employee suffering from symptoms of long Covid was disabled for the purposes of the Equality Act 2010—by the way, more cases are in the pipeline and lawyers are saying we will shortly have a considerable amount of case law history. In addition to that, academic studies in the UK, Europe and the USA now recognise that a small number of children get long Covid, and get it badly. Can the Minister say if the advice to head teachers about long Covid, for both staff and pupils, will be updated to reflect that some may have long Covid so badly that they are to be regarded as disabled, with consequences for employment and for SEND?
I have signed Amendments 171N, 171O, 171P and 171Q, in the name of the noble Baroness, Lady Whitaker, on the creation of a duty to register protected-characteristic-based bullying, and I am very much looking forward to hearing the noble Baroness. She is an outstanding advocate for our Gypsy, Roma and Traveller communities, and is co-chair of the All-Party Parliamentary Group for Gypsies, Travellers and Roma.
I think it might be helpful to quote from the statutory guidance for schools on pupils with medical conditions. Paragraph 3 says:
“In addition to the educational impacts, there are social and emotional implications associated with medical conditions. Children may be self-conscious about their condition and some may be bullied or develop emotional disorders such as anxiety or depression around their medical condition.”
Many schools now have effective anti-bullying policies and practices but that is not universal, and still too many children suffer immensely from bullying.
I am a co-founder of the All-Party Parliamentary Group on Bullying, and we have had joint meetings with the All-Party Parliamentary Group on Gypsies, Travellers and Roma, of which I am also a member, to take evidence about how GRT children are treated in and out of school. Our last session, which was pre pandemic, was eye-opening. Perhaps the most shocking evidence was of the number of racist incidents to GRT children in schools by their teachers that were then copied by other children. The use of derogatory names, assumptions about their lifestyles and the lack of interest in their academic progress all breached the Equality Act 2010, but very rarely could families take them up, as head teachers or governors were not interested. As a contrast to that, we also had evidence from schools that were doing an exceptional job with the same sort of children, and you could not recognise that this was the same community at all.
However, I am afraid that the same challenges were faced by other children who look or sound different. The wonderful charity Changing Faces continues to fight for ending appearance-related discrimination, but it has told the All-Party Parliamentary Group on Bullying that, for many children with a visible deformity, school is not the welcoming place that we all assume it should be.
My Lords, I add my support for Amendments 171J and 171K in the names of my noble friends Lord Watson of Invergowrie and Lady Blower.
As a vice-chair of the All-Party Parliamentary Group on Speech and Language Difficulties, patron of the British Stammering Association and a stammerer myself, I emphasise the importance of fluency for all aspects of education. My noble friends’ amendments would raise the profile of the subject and lodge it more decisively in schools’ responsibilities, to the benefit of the very many children who suffer from speech and language defects. That is apart from the fact that oracy development has been generally underestimated as a life skill in the maintained system, as my noble friend Lord Watson so eloquently set out.
Now that we are at the end of Committee, I will not detain your Lordships with a detailed explanation of Amendments 171N to 171Q in my name and that of the noble Baroness, Lady Brinton, for whose expert and committed support I am most grateful—they are self-explanatory. They are there because current anti-bullying policies are simply not achieving the eradication of bullying in school cultures, with all its damaging effects on well-being, mental health and education itself.
Bullying is particularly harmful when it is on the basis of an attribute which is part of the child’s identity—a protected characteristic such as race, for example—and so we have focused on that, as a means of reinforcing the public sector equality duty. Bullying is ascribed as the cause of a large proportion of the drop-out from secondary school of Gypsy, Traveller and Roma children, among others, although there is a regrettable absence of targeted data. It is relevant that 76% of Gypsy, Traveller and Roma children surveyed felt a need to hide their identity. That is a shameful admission.
Many anecdotes testify to inaction on the part of teachers when faced with complaints of bullying. In some cases, they may simply not know what to do. I draw the Committee’s attention to a letter from the chair of the Education Select Committee, Robert Halfon MP, to the Minister for School Standards, where he says:
“witnesses repeatedly raised incidents of bullying and racism faced by children, from both their peers and teachers. Many ethnic minority groups experience bullying, including Gypsy, Roma and Traveller pupils however, there are no official statistics which break these cases down by ethnicity. We believe that, to understand the scale of the issue and the impact it has upon educational outcomes, local authorities should work with schools to better understand the extent of the problem”.
Incidentally, how surprised and disappointed would Robert Halfon be to see a Report stage of the Bill ahead of the regulatory review? Following the Select Committee, we think the incidence of bullying must be made more salient in local authority records, with a register of incidents and necessary information about them. Our amendments also require parents to be fully informed, if the child consents, soon after the incident. We think the prevalence of bullying in local authority areas must be made known to the Secretary of State, so that remedial action can be taken if this violence against children is getting out of control. These amendments would go far to really make bullying on the grounds of identity unacceptable, and I hope the Minister will agree.
My Lords, I will say a few brief words on these amendments. The noble Lord, Lord Watson, undersold the point he is making slightly, because for many people the disparity between verbal skills and written skills is actually a sign of special educational needs. Dyslexia is the classic example of this, and often dyspraxia as well. It is also the coping mechanism—the primary coping mechanism—by which people handle this. I put my hand up as an example of that. If people can explain their case verbally, they stand a chance of getting some form of accommodation on a casual basis. If you have the ability to come forward and explain yourself to a new teacher in a classroom—this was drummed into me from an early age—the teacher then has the chance of making some response that is appropriate. If you are terrified of doing this, or not told how to do so, then you have another problem. The ability to talk coherently is incredibly important, as it underpins just about everything else that goes through.
I know this is not exactly what the noble Lord was driving at, given the tone of all the discussion so far, but I hope that when the Minister responds she will have some idea of how disparities between expected verbal communication are going to figure in the Government’s thinking when it comes to things such as the new version of special educational needs. The Government must have a little guidance on this already. I know they are having a review; there must be some undertaking of what is going to happen. The interventions we have spoken about, with a speech and language facility and support, are incredibly important, because the whole thing is underpinned by the ability to talk. Very few people master good written language if they cannot at least talk coherently. Can the Minister give us some idea of how they are planning to bring these two together? If they do not, they are missing a trick, and also the identification of a need that is very important for dealing with many problems in our education system.
These amendments are hugely important. There is a rhyme, is there not?
“Sticks and stones may hurt my bones, but words can never harm me.”
But how wrong that is. Words are very harmful and are often used by bullies. However, it is not just the person being bullied who needs support; it is also the bully themselves. Many of the bullies have real problems, and we must not forget that.
Secondly, we have made tremendous strides on bullying issues at schools. I pay tribute to the work that schools have done over the past decade or so on the issue of bullying there. I was quite shocked when my noble friend Lady Brinton said that many—or some— schools still do not have anti-bullying policies, as I thought they were a requirement. I thought that this was one of the things Ofsted looks at when it inspects schools, particularly for safeguarding reasons. My noble friend Lord Addington is absolutely right that it should be part of teacher training—it is not because of time constraints—as dealing with incidents of bullying is quite a complex issue. Teachers need to feel supported and equipped to be able to deal with it.
I thank the noble Lord, Lord Watson, for putting down his probing amendment on oracy in schools. I think that we have forgotten the importance of oracy or the spoken word. I always remember my education tutor saying to us that the three most important things for developing children in the early years were good toilet training, play, and talking and speaking. Our national curriculum and SATs do not give teachers the time and space they should have to develop the spoken word.
Many schools do things as part of the school day. Remember how we used to have children reading aloud? When I go into schools, if you suggest that children should read aloud, people look at you as though you are a bit barmy. We should go back to some of those practices, such as school class assemblies where children can perform and talk in front of their peers; school drama productions are really good for that too. There is a whole list of things we can do but, looking back, I just get the feeling that we were so focused on the literacy hour and all its ingredients that the spoken word—oracy—was somehow sidelined and lost. No doubt the Minister will give us chapter and verse in her reply about all the things we are doing but I want all those things to happen in every school; I get the feeling that that is not the case.
To reiterate what the noble Lord, Lord Watson, said, there are four things. We want to raise the status and priority of spoken language in education. We want to equip teachers in schools to develop their students’ spoken language. We want to make children’s spoken language a key pillar of education recovery after Covid, which we will hear about in a minute. We want to ensure that children with speech, language and communication needs are adequately supported, as in the point that my noble friend Lady Brinton made.
First, I want to say a few words about Amendment 171J in the name of my noble friends Lord Watson of Invergowrie and Lady Blower. It is such an important amendment because it highlights the need for the Government to report on the level of spoken language and communication ability in academies, independent schools and maintained schools. I do not know whether I need to declare an interest but my husband is a former director of campaigns at the Royal College of Speech and Language Therapists, so I am very familiar with some of the issues.
My noble friend Lord Watson did a fantastic job of explaining why this issue matters. I pay tribute to his work, not just on this amendment but in this area more generally. He made the case very powerfully and both his amendments raise a vital issue. We would like to see it properly considered by the Government and look forward to the Minister’s response. We are hopeful that she can say something positive.
Amendments 171N, 171O and 171Q, in the names of my noble friend Lady Whitaker and the noble Baroness, Lady Brinton, would require the reporting and recording of bullying based on protected characteristics, the provision of information to parents and the sharing of that information in the interests of the welfare of the child. We support my noble friend and the noble Baroness in their amendments and feel that they would assist us in tracking what is going on and enabling us to do something about it. Their amendments would go a long way to help address and prevent bullying, especially that directed against minority groups and particularly, as they said, the GRT community. That is probably now the least well recognised form of racism that we see, sadly, in schools.
Our Amendment 171L would require the Government to consult on and launch a children’s recovery plan, including breakfast clubs, music and drama, small group tutoring and other measures that I will not bore the Committee by reading out; they are all there in the amendment. So far, the catch-up measures that the Government have introduced have either not worked in the places where they are needed most, such as the tutoring programme in the north of England, or have been so far short of the scale of intervention needed that they have resulted, as my noble friend Lord Watson said, in the resignation of the expert brought in to advise the Government.
My Lords, I thank the noble Lord, Lord Watson, for highlighting the importance of spoken language and communication in his Amendments 171J and 171K. I pay tribute to him for his work in advocating for the importance of oracy, and I thank the APPG for its work. I mentioned to the noble Lord the other day that, certainly in the schools I visit, oracy is often mentioned as an absolutely key skill and tool in a child’s development and the way in which they approach and understand the world. However, I take the point of the noble Lord, Lord Storey, that it is about not anecdotes but a systematic approach.
Children’s spoken language levels are assessed during their time at school, including as part of the early years foundation stage profile, which happens as children leave reception year and again in GCSE English language. Last year, the Government published non-statutory guidance aimed at improving the teaching of the foundations of reading in primary schools, including guidance on developing spoken language. As the noble Lord mentioned, Ofsted recently published its English research review, which contains guidance on the importance of high-quality spoken language. However, it is hard to envisage how the Government would report on the overall level of pupils’ spoken language and communication without a new statutory national assessment. After a period of disruption in education due to the pandemic, new assessments monitored by the Government would place pressure on teachers and school leaders.
On the specific matter of Ofsted inspection, raised in Amendment 171K, Ofsted’s methodology is designed to ensure a holistic assessment of the quality of education provided. Inspectors undertake deep-dive explorations of a sample of curriculum subjects in each inspection to help build an understanding of the school’s curriculum. When English language is included, inspectors will expect to see pupils developing effective spoken language and communication skills as part of a strong English curriculum. All inspectors are trained in how to evaluate children’s language development, which includes their spoken English skills. The Government do not wish to limit a school’s inspection outcome based on one specific factor—although we absolutely understand the spirit of the noble Lord’s amendment—but, of course, the job of an inspector is to weigh up a range of evidence to reach a balanced assessment.
Finally, Ofsted is planning a subject report on English, which will include specific consideration of the quality of spoken language education in English schools. I hope that that addresses some of the concerns behind the noble Lord’s amendments. This will report next year.
I move to Amendment 171L, in the name of the noble Baroness, Lady Chapman. Getting students back in face-to-face education has obviously been one of the Government’s top priorities. Since June 2020, we have committed nearly £5 billion to fund a recovery package prioritising the most disadvantaged and those with the least time left in education. I note the noble Baroness’s emphasis on early years but I know that she will also acknowledge the pressures on children who have little time left at school and have missed a big chunk of their education. Our investment will provide 500,000 training opportunities for early years practitioners and teachers and up to 100 million tutoring hours for five to 19 year-olds by 2024.
We are great believers in the added value that undergraduates and graduates can offer to schools. We have spoken to universities about how their undergraduates may become National Tutoring Programme tutors, and we welcome other programmes that enable undergraduates and graduates to work in schools. The Government are providing an additional £1 billion to extend the recovery premium over the next two academic years to support the most disadvantaged pupils. If I followed her correctly, the noble Baroness focused particularly on the importance of the recovery premium and the pupil premium more broadly.
Primary schools will continue to benefit from an additional £145 per eligible pupil, and secondary schools will receive £276 per eligible pupil. For special schools and alternative provision, there will be an additional £290 at primary level and £552 at secondary. The noble Baroness makes very sound points regarding the importance of early years; the Government understand those points and have focused, particularly through our family hubs, to ensure that support is there for the youngest children and their families. We also stress the point that older children have little time left, hence the choices we have made, as we have almost doubled the secondary rate—also to reflect the greater learning loss that has been seen in secondary pupils. We are always reviewing and assessing our approach to targeting funding towards deprivation. That includes not only the pupil premium funding but the national funding formula. We are allocating £6.7 billion this financial year through the national funding formula towards additional needs, which includes deprivation. This is one-sixth of all our available funding.
Many of our recovery programmes can be used to tackle problems with attendance and behaviour, deliver social and emotional support and provide enrichment elements, in relation to both physical and mental health and well-being. The Committee will be aware that we published the national plan for music education on 25 June, together with the Department for Department for Digital, Culture, Media and Sport, which sets out our vision to enable all children and young people to learn to sing, play an instrument, create music together and have the opportunity to progress their musical interests and talents.
We are also supporting free breakfast provision by investing up to £24 million for 2021 to 2023, supporting up to 2,500 schools in the most disadvantaged areas. We are also considering ways to collect further data on the provision of breakfasts in schools; we are aware of a number of organisations that do great work in this area.
I now turn to Amendments 171N, 171O, 171P and 171Q in the name of the noble Baroness, Lady Whitaker. Of course, all types of bullying are unacceptable and schools play a vital role in preventing and tackling bullying. We believe that the basis for addressing bullying starts with a strong culture regarding behaviour in schools to support pupils, prevent all forms of bullying and ensure that there is a calm environment in each school to do well. All schools are required by law to have a behaviour policy that aims not only to encourage good behaviour but to prevent bullying among pupils. Schools are also required to have regard to the Keeping Children Safe in Education guidance, which will be relevant where there is a safeguarding risk to a child.
The Government are providing over £2 million of funding between 2021 and 2023 to anti-bullying organisations targeting the bullying of children and young people with protected characteristics. Part of our funding has gone to resources specifically on the bullying of Gypsy, Roma and Traveller children, such as an e-learning course on that subject that is now available to all schools in England.
Our Preventing and Tackling Bullying guidance sets out that schools should develop a consistent approach to monitoring bullying and evaluating their approaches. Schools are accountable to Ofsted, which will look at how effectively they prevent or deal with bullying incidents, including whether they have recorded incidents of bullying. We know, anecdotally, that formal reporting of incidents can act as a disincentive to record, which is why we worked with Ofsted to make its position on recording bullying very clear in guidance. The Government will continue to support the current school-level approach to recording, supporting schools to meet their duties to take action to tackle bullying.
My Lords, I thank all noble Lords who have spoken in this group. Before I come specifically to the two amendments in my name and that of my noble friend Lady Blower I would just like to say, on the amendments in the names of my noble friend Lady Whitaker and the noble Baroness, Lady Brinton, that bullying is one of those issues that if you do not measure it, you cannot improve it. The Minister has just said that Ofsted has issued guidance on schools recording bullying. That is all right for those schools which are doing that, but the point is that it is guidance. What about those instances where it is not recorded, for whatever reason—the school may wish to protect its reputation or whatever?
The noble Baroness talked about local authorities having a register. I think it is important to go beyond the individual school. We are moving away from a situation in this Bill where we thought academies were a law unto themselves; we are now finding that perhaps that is not the case after all. I think it is important to broaden that.
I will give some examples of bullying. Noble Lords have highlighted issues, and I would like to mention some more. One is that it is not just those you might think are obvious targets for bullying. Children who are adopted often suffer very badly from being bullied, if the fact that they are adopted becomes known. Noble Lords may remember that, following the MacAlister report on the children’s social care review, a day of action was organised here on Wednesday last week by a number of children’s charities. They brought along a lot of children in care and, in speaking to them, I was very disappointed to hear some of them say that they are stigmatised in school because they are in care. They said that some teachers will ask, “What do your mum and dad think of this?” Of course, a child in care can find that most distressing. That is not bullying—I am not suggesting that teachers bully—but it allows it to emerge, and children can then be subject to bullying by their peers. It takes so many forms and it has to be more carefully recorded, and schools held to account if they are not acting appropriately.
On Amendments 171J and 171K, I acknowledge the point made by the noble Lord, Lord Addington, about young people with dyslexia and dyspraxia. I should at least have referred to the fact that the amendment was as broad as possible and covered all children who, for whatever reason, need assistance with developing their speech and communication skills.
I hear what the Minister said about the guidance that is available. Again, the point is the same as with bullying: it is guidance. For those schools that abide by it, fine; but those that do not are the problem, and these are the areas where it has to be strengthened. That is why I think that a statutory position is necessary.
The Minister contradicted herself, because she said at one point, “We cannot really have statutory assessment at this stage”, in relation to the need to check on spoken and communication skills because, post-pandemic, that would put undue stress on teachers and school staff. That is basically saying, “It is a good idea, but this is not the time to do it”. If we say that, that means that the older children—the ones who will have moved on in three or four years, or however long it takes for us to be in a proper post-pandemic situation—have not benefited. Then the Minister said, in relation to my noble friend Lady Chapman’s amendment, that we need to concentrate funding now because the older pupils will have moved on by the time the funding reaches them. I understand her point about needing to make sure that older pupils get that consideration, but you cannot on the one hand say, “We cannot do it now” for one reason, but then say that older pupils have to get that consideration now in terms of the funding. I do not think it is an either/or situation.
I apologise if I was not clear. What I was saying was that to introduce an additional assessment early on would put greater resource strain on the system. What I was saying in relation to investment in older children was not about assessment; it was just making sure that we prioritise them for greater funding because they have less time left in school, so we want to give them as much support as possible.
I thank the Minister for that clarification. I accept what she says about the differences as well, but I was drawing attention to the fact that older children, by definition, do not have much longer in school, so we need to ensure that they get every support that we can give them, either financial or through encouragement to improve their speaking skills. I also note what the Minister says about the current situation, so I invite her to bring forward an amendment on Report which might have a time-limited introduction of the sort of resources necessary for the suggestion I made in Amendment 171J.
I hope I have covered the points. I am not suggesting that the Minister is not taking these issues seriously—I know her well enough to know that she is and does—but there has to be some kind of step change, because the views and surveys I referred to earlier have pointed out that, however well meant things are, there are too many children who are not getting the assistance they need to make sure they have the skills that we discussed for many hours on the skills Bill not so long ago. To bring young people on to the jobs market, they need these skills—that is the key. There is no point in having a bit of paper that says “So-and-so has passed this qualification” if he or she is not really able to make the most of it by articulating in a way that helps them to do that job effectively. With those remarks, I beg leave to withdraw the amendment.