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Oral Answers to Questions
(2 years, 5 months ago)
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Mark Menzies (Fylde) (Con)
Caroline Ansell (Eastbourne) (Con)
The Secretary of State for Transport (Grant Shapps)
The Government are delivering on the reforms set out in the Williams-Shapps plan for rail, making passengers’ journeys easier, more reliable and more affordable.
Mark Menzies
I am very passionate about this subject. Fylde is home to a number of world-class events, bringing thousands of people into our great county, but they need good rail connections. I am delighted that the project to double the number of services on the South Fylde line remains very much on the Government’s agenda, with a bid still under consideration. With similar projects progressing to the next stage of development, and some seeing shovels in the ground, what assurance can the Secretary of State give me that we will see similar progress on the South Fylde line?
Grant Shapps
I think the whole House recognises my hon. Friend’s enthusiasm for the South Fylde line. We received the strategic outline business case in November 2021, we continue to review that and the next steps will be outlined in the coming months.
Caroline Ansell
It was game, set and match Eastbourne last week, at the conclusion of our pre-Wimbledon tournament. That international event puts us on the map as a visitor destination, with its global coverage, but our great potential is wrapped up with our transport links. In that light, what progress has been made with Network Rail’s proposals to extend high-speed services to Eastbourne to enhance those links to the continent, London and the north?
Grant Shapps
My hon. Friend serves her constituents incredibly well. Again, a strategic outline business plan for high-speed services from St Pancras to Eastbourne is in, and I can confirm that the status of the project will be updated very shortly, in the rail network enhancements pipeline—RNEP.
Daniel Zeichner (Cambridge) (Lab)
The census figures show the east of England to be one of the fastest growing areas of the country, and Cambridge is fast within that, but in recent months the Treasury appears to have been going cold on some of the important rail developments in the region, particularly Ely junction and the completion of the Bedford-Cambridge east-west line. What representations has the Secretary of State made to the Treasury and what has the response been?
Grant Shapps
Or course we have a record investment in the railway—nobody can argue with that; I believe the figure is £34 billion for developments. We will be publishing the RNEP shortly, and the hon. Gentleman will be able to see more in that—that is without even mentioning the £96 billion, not in his region, but for the midlands and north through the integrated rail plan. There have never been a Government more committed to rail, and the hon. Gentleman will not have to wait long to find out more.
Chris Elmore (Ogmore) (Lab)
The reality is that Wales has higher levels of rail track than it has received in investment from the UK Government. Also, commitments on electrification beyond Cardiff have been scrapped. Will the Secretary of State set out when he is going to start investing in the railway lines right across Wales? Or are the Tories simply going to keep underfunding Welsh railways?
Grant Shapps
I am passionate about rail, including in Wales. I will be announcing more in the RNEP, and the hon. Gentleman will not have to wait too long for that. I think he can see that, as I have already pointed out to the House, the Department for Transport has a lot of success in its discussions with the Treasury, which is how we have managed to invest record amounts in rail under this Government.
Mr Speaker
We love the passion, but do not forget Coppull railway station. I call the shadow Secretary of State, Louise Haigh.
Louise Haigh (Sheffield, Heeley) (Lab)
Last week, our part-time Transport Secretary claimed it was a stunt to suggest that he could do anything to resolve the rail disputes. At the weekend, that claim was blown apart, as it was revealed that a policy he issued means that he has direct powers over train operators to get them to follow his directions on disputes. Can he explain to the British public why on the eve of last week’s strikes he found time to wine and dine Tory donors, but still cannot find a single second to resolve these disputes?
Grant Shapps
I think that I have actually just discovered the root of the hon. Lady’s accusation that I am a part-time Transport Secretary. Just to correct the record—and I will give her the opportunity to withdraw her remarks—I can tell her that I was not, in fact, at the event that she mentions. I am full-time on this job. It would be rather surprising, to get to the nub of her case, if the Transport Secretary were not setting the overall mandate for a negotiation that is extremely important for the future of rail in this country.
Gavin Newlands (Paisley and Renfrewshire North) (SNP)
The railway is continually being modernised, and anybody who says differently is being disingenuous. I do wonder, though, whether the Government’s modernisation is just an excuse for cuts in a workforce reform programme, including compulsory redundancies. I thank the Minister of State, Department for Transport, the hon. Member for Aldridge-Brownhills (Wendy Morton) for the response I received this week on the inordinately high track access charges that ScotRail has to pay. It was not that helpful, but I thank her none the less. Can the Secretary of State explain in detail why ScotRail, running broadly similar services by distance travelled, had to fork out £340 million versus Northern Rail’s £150 million?
Grant Shapps
The one thing I would say is that ScotRail has been run latterly by the Scottish Government. The amount of delays even before that was extremely high. The disputes that have taken place, despite ScotRail being taken into public hands by the SNP, have been particularly pronounced. On his detailed questions, I will leave it to my hon. Friend the Minister of State to write back to him.
Aaron Bell (Newcastle-under-Lyme) (Con)
The Secretary of State for Transport (Grant Shapps)
Since 2020, the Government have committed £2.5 billion to supporting the transition to electric vehicles.
Aaron Bell
Today, Newcastle-under-Lyme submits its business case for our £23.6 million town deal, which will be granted through the towns fund. Given his answer, I know that the Secretary of State will welcome the transport projects that we have in place, including the new circular bus route and most importantly, in light of what he has just said, the 40 electric vehicle charging points in the town centre, which will support 375 journeys to work each day by electric vehicles. Will the Secretary of State welcome those measures in our town deal, and will he come up to Newcastle to see the projects for himself?
Grant Shapps
I congratulate my hon. Friend on the work that he has done in winning that funding. He mentions the important work that will happen with 40 new electric chargers in his patch. It is worth pointing out that this country now has more rapid chargers per mile of road than any other European country.
Ruth Cadbury (Brentford and Isleworth) (Lab)
The Government have recently cut the plug-in grant, and the UK is now the only major European country without any incentive in place to switch to electric vehicles. How will this help us end the sale of new petrol and diesel vehicles by 2030 and become net zero by 2050?
Grant Shapps
Just to correct the record: that is not true. We still have the grant for vans, for taxis and for other vehicles. The reality is that when the grant, which is a direct payment to people buying their cars, was first brought in, it was envisaged that, by 2020, about 5% of cars would be electric. In fact, we have reached 20% in roughly that time, so that is clearly working. It is better to put the £2.5 billion into the investment of the infrastructure—the rapid charging—particularly given the price of electric cars and the fact that second-hand cars have started to come on to the market. This country is doing very well with electric cars. It is time that the Opposition recognised that fact, with one in five cars now electric.
Gill Furniss (Sheffield, Brightside and Hillsborough) (Lab)
A reliable charging network is vital to give motorists the peace of mind that they will be able to charge their car wherever they are in the country. We will need up to 480,000 public charging points by 2030. However, the Government have set themselves no target on the roll-out. The electric vehicle infrastructure strategy simply contains an expectation of at least 300,000 charging points. The Government are pinning responsibility solely on local councils and providing no national co-ordination. Placing the entire burden on our already overstretched local authorities means that we will be woefully unprepared for 2030. When will the Transport Secretary finally do something useful and set a national charging points target and give motorists the confidence they need to make the transition to electric?
Grant Shapps
I do not know whether the hon. Lady has, like me, been driving an electric car for the past three years, but in that period of time I have noticed that the number of chargers available publicly has gone up a great deal. In fact, it has doubled since I have been Secretary of State. We have also said that by 2030, in just seven and a half years’ time, we will increase that 10 times to 300,000 public chargers. It is also the case that the majority of people charge their vehicles on driveways or off-street parking at home—about 70% of the total. Our entire emphasis, through the levy fund on local authorities, is to enable people without off-street parking to park on the street. That fund is delivering great work. She underestimates how much progress this country is making.
Chris Loder (West Dorset) (Con)
The Parliamentary Under-Secretary of State for Transport (Trudy Harrison)
We have contacted all local authorities not receiving immediate BSIP funding and are working with them to help improve their local bus services.
Chris Loder
The Dorset BSIP has returned no investment to rural Dorset. In the light of that, will the Minister consider giving Dorset Council the power to run its own services? Will she also consider enabling journeys using concessionary bus passes to attract the full commercial value of that journey to the operator?
Trudy Harrison
I thank my hon. Friend for his determination to secure better bus services in West Dorset. In our national bus strategy, we committed to reviewing the annual concession reimbursement guidance and calculator that he refers to. I reassure him that we will continue to fund the practical support to develop enhanced partnerships. I know he has frequent meetings with my noble Friend in the other place, Baroness Vere, in which he will be able to discuss his specific question further.
Chi Onwurah (Newcastle upon Tyne Central) (Lab)
As the Prime Minister apparently contemplates a third term, we on Tyneside are left facing bus fare rises and reduced services. I will ask the question I have asked many times before but have still to receive an answer to: when can we on Tyneside expect to see our bus fares levelled down to those in London, at £1.65 to cross the entire metropolitan area?
Trudy Harrison
I have written to the hon. Lady with specific information. At the October 2021 spending review, the Department announced £1.1 billion of dedicated funding for BSIPs, which is part of the £3 billion new spend on buses over the Parliament.
Louise Haigh (Sheffield, Heeley) (Lab)
I apologise to the Secretary of State, but what he has said raises even bigger questions about what he has been doing with his time.
From near-record delays on railways, mile-long tailbacks at Dover, disruption at airports and the first national strike in three decades, everything this Transport Secretary is responsible for is falling apart, and now so is his promise on buses. From October, when the covid funding runs out, there will be four buses across the whole of South Yorkshire after 10 pm. That is four buses for more than 1.3 million people. That is not levelling up, is it? It is managed decline.
Trudy Harrison
To date, the Government have made available more than £2 billion of support through emergency and recovery grants since March 2020 to mitigate the impact of the pandemic for bus and light rail services. Those measures are in addition to the £200 million provided annually directly to commercial operators to keep the fares down and to run an extensive network through the bus service operators grant.
John Penrose (Weston-super-Mare) (Con)
The Minister of State, Department for Transport (Wendy Morton)
Great British Railways will incentivise improved services for rail users through new passenger service contracts, and there will be opportunities for new and innovative open access services where spare capacity exists.
John Penrose
I share the Minister’s attractive vision for more choice and variety on our railways; the trouble is that that is not what the Government’s plans will introduce. They weaken competition, reduce choice and extend state central planning and control enormously. Anyone using Hull Trains, Lumo or Grand Central Rail can kiss them goodbye, because they will be the last of their kind. I could understand it if these proposals were being introduced by a Labour Government, but they are not. It is we Conservatives who are doing this, not them. I urge Ministers to take a long, hard look in the mirror before introducing any legislation based on these plans.
Wendy Morton
I am conscious of my hon. Friend’s strong interest in open-access services. Where there is spare capacity on the network, we will support applications from open-access providers who promise new and innovative services that benefit passengers without leading to significant costs for taxpayers. To be clear, I assure him that as part of the Government’s reform proposals the Office of Rail and Road will maintain its role as the independent regulator for access, ensuring that applications are treated fairly, and it will be able to direct GBR to grant access should it think it appropriate.
Mr Speaker
We have been waiting for Chorley railway station for four years, but there we are; I hope it is better elsewhere. I call shadow Minister Tanmanjeet Singh Dhesi.
Mr Tanmanjeet Singh Dhesi (Slough) (Lab)
This Government are presiding over complete transport chaos. We have had backlogs at the ports and backlogs at airports, even though people cannot get passports, and our railways came to a grinding halt thanks to Tory-induced rail strikes. While millions of Brits are suffering from Tory tax hikes, inflation and stagnant wages, rather than doing his job the Transport Secretary has been busy touring media studios to union-bash, pitting rail workers against the British public and washing his hands of all responsibility. Now Ministers are proposing to use agency staff to cover absences, which is both unsafe and reckless. If I can organise and attend meetings with both the Network Rail chief executive and the RMT union general secretary, why are Ministers finding it so difficult? Is it because the Tory Government are prioritising stripping workers of their rights—[Interruption.]
Mr Speaker
Order. When I stand up and ask the shadow Minister to sit down, I expect him to sit down, not just carry on ranting. I do not think that is acceptable. I worked with him to get him in at this point, because he would not have got in otherwise. Please do not take advantage of the Chair or the Chamber. We expect your question to be shorter. Minister, I am sure you can answer briefly.
Wendy Morton
Thank you, Mr Speaker. I would like to put on record that we had a very good meeting following your request for a meeting about stations in your own constituency. [Interruption.] He is nothing if not enthusiastic.
Going back to the matter of industrial action, let us be absolutely clear: we are incredibly disappointed that the unions took the step to go down the route of industrial action. It should be the last resort, not the first resort. On the hon. Gentleman’s specific point about meetings, he will know full well that it is the place of the employers to have the negotiations with the union, not for the Government. It seems a bit rich that the Opposition go on and on but the simple thing to prevent the strikes—[Interruption.]
Lee Anderson (Ashfield) (Con)
Jonathan Gullis (Stoke-on-Trent North) (Con)
The Minister of State, Department for Transport (Wendy Morton)
Through the £500 million Restoring Your Railway fund we have already reopened the Dartmoor line, and we are supporting more than 45 other promising schemes. This month we announced £15 million to further develop nine schemes to level up areas and grow the economy.
Lee Anderson
Last year the leader of Ashfield District Council announced in the local paper that the Maid Marian line was a goer and claimed full credit. This year he has announced to the local paper that it is not going ahead and blamed the Government. Will the Minister please confirm exactly where we are with the Maid Marian line just to avoid any more embarrassment for the council leader?
Wendy Morton
I am happy to give the clarity that my hon. Friend is seeking. I know he takes a keen interest in and is a passionate supporter of the Maid Marian line. Although the bid to reopen the Maid Marian line to passenger services was unsuccessful as part of the Restoring Your Railways programme, I want to be absolutely clear that the case will now be considered under the remit of the Toton study. This is the best opportunity to get the line reopened, and I am happy to meet him to discuss it further.
Jonathan Gullis
My hon. Friend will know that it was not just Beeching who cut stations serving Stoke-on-Trent; it was also the last Labour Government. Will she confirm that this Government are determined to deliver rail improvements to Stoke-on-Trent North, Kidsgrove and Talke, and that reopening the line from Stoke to Leek via Milton, with services running on from Stoke to Longport and Kidsgrove, is a serious option for relieving transport deprivation and chronic road congestion for all?
Wendy Morton
My hon. Friend rightly highlights the importance and the benefits of good rail connections to levelling up. He will know that the Stoke-Leek line has successfully secured initial development funding of up to £50,000, and we will be working with the scheme’s promoters to develop a full business case so that a decision can be made later this year.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
The Minister will know that the railways have not only a large number of old stations but a lot of property. Will she take seriously making some property from the rail sector available in Huddersfield close to the George Hotel, where we desperately need the perfect site for the rugby league museum? Could she look into that, because there is a lot of property around the hotel? We desperately need her help. Will she intervene?
Wendy Morton
The hon. Gentleman raises a specific point in his constituency. I would be more than happy to look into it and respond to him.
Mr Clive Betts (Sheffield South East) (Lab)
I am pleased that the reopening of the Barrow Hill line to passenger services has reached the next stage of the review. The problem is that it will be a heavy rail service to a reopened Sheffield Victoria, which has very poor connectivity. Will she look again at the idea of a tram train, following the successful service between Sheffield and Rotherham, which would go into the centre of Sheffield and have real connectivity there? People could then use the newly reopened Beighton station to access it. I know the Minister has offered to meet me already, but will she have a look at that in advance of our meeting?
Wendy Morton
I am glad that the hon. Gentleman recognises the step forward with the Barrow Hill line, and I will certainly look at the issue he raises in advance of our meeting.
Alun Cairns (Vale of Glamorgan) (Con)
Re-establishing a new railway station in St Athan has been a priority for me for some time. The Minister and I have met on several occasions, but we have also discovered that the Welsh Government failed to include it in the new stations fund programme. Will the Minister therefore agree to meet me again, so that we can consider how we can best take this project forward? It is a priority not only for me but for the whole of the Vale of Glamorgan.
Chris Bryant (Rhondda) (Lab)
The Secretary of State knows that he has promised twice to come to the Rhondda to be dangled down a hole into the Rhondda tunnel. We are happy to welcome him at any time. I have had a meeting with him and one with the Minister. They keep promising that they will get this sorted, and that there will be another meeting with all the different stakeholders. We chase and chase, and just like you have seen, Mr Speaker, nothing ever gets done. Can they please sort out the Rhondda tunnel so that we can open it up? It will be a great historic reinvention.
Wendy Morton
Mr Deputy Speaker—sorry, Mr Speaker. Three strikes and I will be out. The hon. Gentleman knows that it is a matter for the Welsh Government. I have had a meeting with him, and I am more than happy to have another meeting with him, but it is time that the Welsh Government put some money forward.
Dr Andrew Murrison (South West Wiltshire) (Con)
The Minister and I have met to discuss the notorious Tisbury loop arrangement before. Can she update the House on what she proposes to do about this, since for the expenditure of very little money, she could dramatically improve services between Waterloo and Exeter?
Wendy Morton
I know that my right hon. Friend has raised this matter before, and I will be happy to give him a written update on the Tisbury loop.
Margaret Ferrier (Rutherglen and Hamilton West) (Ind)
The Parliamentary Under-Secretary of State for Transport (Trudy Harrison)
Safety is our priority, and we continue to assess ongoing e-scooter trials, international experience and further research to inform forthcoming legislation.
Margaret Ferrier
Vehicle standards remain a reserved issue, so any changes legislated for by the UK Government will impact on Scotland. What data have the Government gathered through trials on the impact that changes would have on people with sight loss, and how will Ministers share trial data with the Scottish Government, as no trials have taken place there yet?
Trudy Harrison
The hon. Member is absolutely correct. The 30 e-scooter trials have been hugely successful across England and will inform how we legislate, but let me assure her, and thank her for the opportunity to say, that we will share our data. We will publish it and the findings, and we will of course work with the Administrations across Northern Ireland, Wales and Scotland.
Tim Loughton (East Worthing and Shoreham) (Con)
The Parliamentary Under-Secretary of State for Transport (Robert Courts)
National Highways is currently finalising option proposals for the A27 upgrade scheme. We expect that the proposals will be put to public consultation later this year.
Tim Loughton
The Minister will be aware that the A27 between Worthing and Shoreham is so congested that at times it resembles the biggest car park in the south-east of England. Last week, National Highways produced a summary of all the failed suggestions it has come up with. At the same time, Transport for the South East came up with much more imaginative proposals, including tunnelling options at some pinch point junctions, which many of us have been suggesting for the past 25 years. What do we need to do to get Transport for the South East’s proposals translated into action, after waiting decades for these improvements?
Robert Courts
I thank my hon. Friend for the powerful points he has made. The Department is very aware of the draft report by Transport for the South East, and I thank it for that report. The proposals are being considered carefully and looked at closely by the Department, and I know that the Roads Minister will respond in detail in due course.
Sarah Green (Chesham and Amersham) (LD)
The Parliamentary Under-Secretary of State for Transport (Robert Courts)
The Department is investing more than £5 billion over this Parliament in local highways maintenance, which is helping to fix potholes and other road defects.
Sarah Green
The roads in Buckinghamshire are a mess—they are some of the worst in the country—and Buckinghamshire Council blames a lack of funding from central Government when it says that it cannot invest in long-term repairs. What specifically are the Government doing to help the worst-affected parts of the country address the backlog of potholes and road repairs?
Robert Courts
The Government are putting in approximately £950 million a year, and have committed to do so for over three years. That enables local authorities to plan over the longer term to manage their highways assets and to tackle potholes and other defects. I note that Buckinghamshire Council is putting £100 million into a four-year highway improvement programme, which is a clear sign of a Conservative council working with Conservative MPs to achieve results.
Jacob Young (Redcar) (Con)
The Minister of State, Department for Transport (Andrew Stephenson)
The Department is levelling up rail links and growing the economy through near-term investment in additional inter-city services and longer-term investments such as High Speed 2 and the integrated rail plan.
Jacob Young
In December, we welcomed the first direct rail connection from Middlesbrough to King’s Cross for 31 years, helping to boost connectivity between Teesside and London. Will the Minister consider asking his officials to help us build a business case for extending the service through to Redcar Central, which would further unlock the potential across Teesside and connect the UK’s largest freeport with our capital city?
Andrew Stephenson
Redcar is a fantastic part of the country, and my hon. Friend is a valued, consistent and doughty champion of his constituency. I understand that Redcar station is to receive a £6 million refurbishment, thanks to his hard work. As his hard work continues to prevail and Redcar continues to thrive, I am sure that LNER will consider extending its service to this vital northern town, which, as he says, is home to the UK’s largest freeport.
Cherilyn Mackrory (Truro and Falmouth) (Con)
The Parliamentary Under-Secretary of State for Transport (Trudy Harrison)
We have established the framework to enable the first launch to space from the UK, and we remain on track for it to happen later this year.
Cherilyn Mackrory
We have heard a lot about railways around the country this morning, but Cornwall is leading from the front when it comes to rockets and satellites. This year, we expect to see the first launch from UK soil, when lift-off takes place at Spaceport Cornwall in Newquay. One hundred and fifty-seven businesses across Cornwall are now linked with the space industry. I ask the Minister to ensure that the Civil Aviation Authority makes progress as soon as possible with issuing the necessary licences to ensure that the launch can take place this summer.
Trudy Harrison
I have seen for myself the beauty of Cornwall and the ingenuity at Spaceport Cornwall’s integration facility. It is thanks to the championing of my hon. Friend, and that of my hon. Friend the Member for St Austell and Newquay (Steve Double), that in partnership with Virgin Orbit, and with the CAA and the UK Space Agency firmly on board, we will see the first ever space launch from UK soil later this year.
Mary Kelly Foy (City of Durham) (Lab)
The Minister of State, Department for Transport (Andrew Stephenson)
Automatic route setting is an existing system that Network Rail has used for more than 30 years to support the safe and efficient running of our railways. I am delighted to report that this week, my right hon. Friend the Secretary of State announced a £1 billion investment in digital signalling on the east coast main line, which will mean faster, safer and more regular trains for millions of people.
Mary Kelly Foy
My constituent Paul Day is a recently retired signaller for Network Rail. While in his role, he provided the Office of Rail and Road and Network Rail with nearly a decade’s-worth of information about the safety issues posed by poor data quality, data management and information security on the nation’s rail network. Despite the fact that he first raised his concerns in 2012, nothing has changed, with Network Rail’s 2018 report highlighting that the issues were the same as those identified in 2015. Does the Minister agree that the lack of accountability in the rush for further automation cannot be ignored any longer? Will he meet me and my constituent to look at the issues further?
Andrew Stephenson
We will never compromise on the safety of our railways and the UK railway network will remain one of the safest in Europe. It is important to emphasise, however, that ARS is not a safety system and would never be able to override one. Interlocking is a key safety part of the signalling system and would never permit ARS to set a train into a collision. The Department has invested in early design and testing work to enhance traffic management systems, and we will continue to invest record amounts to ensure that our railways remain some of the safest in Europe.
Rachael Maskell (York Central) (Lab/Co-op)
The Parliamentary Under-Secretary of State for Transport (Trudy Harrison)
We are investing £2 billion in active travel over this Parliament to encourage more people to walk and cycle for short journeys.
Rachael Maskell
York should be the UK’s cycling capital—it is the home of Active Travel England and it is easy cycling terrain. It was seeing sustained growth, but the growth in car journeys is now exceeding the growth in cycling, and there are concerns about accidents, confidence and a lack of infrastructure. The active travel budget is woefully small compared with that for roads, and less than a third of what is needed to reach the 2025 target for cycling and walking, so what is the Minister doing to ensure that the funding is in place for the scale of modal shift that is needed?
Trudy Harrison
The hon. Lady shares the Prime Minister’s ambition to ensure that half of all journeys are walked or cycled in towns and cities by 2030, as set out in “Gear Change”. We are investing more money than ever—£2 billion—and we have established Active Travel England in York. We have now appointed Chris Boardman MBE as England’s active travel commissioner and I will soon publish the second cycling and walking strategy. Mr Speaker, put simply, there has never been a better time to get on your bike.
Stephen Hammond (Wimbledon) (Con)
The shift from cars to all modes of transport, which will benefit us in environmental and health terms, would undoubtedly be improved by a better ticketing offer for the railways. Does the Minister agree that it is the Government’s job to ensure a well-functioning ticketing system, as opposed to mandating Great British Railways? We have some of the world’s leading ticketing companies putting forward innovative new offers, and it would be better to ensure that shift by incentivising those companies.
Trudy Harrison
That is a bit of a stretch from the question on active travel, but I agree that it is equally important to have modal continuity between active travel and public services. I suggest that my hon. Friend meets the Rail Minister, my hon. Friend the Member for Aldridge-Brownhills (Wendy Morton), about that specific question.
Jim Shannon (Strangford) (DUP)
Although it is important for people to move from cars to more active travel, the reality for many of us in rural communities is that we cannot, because the bus services are not there and cars are our mode of transport. One way to do it would be through a park and ride—in other words, for people to make their journey from the countryside to the town, park, then ride on a Glider. Is the Minister looking at that?
Trudy Harrison
I certainly am. We are looking at all ways to reduce congestion and enable people to be fitter and to get from A to B in the most cost-effective way. I would be delighted to meet the hon. Member to talk in more detail about all the roles of active travel, lift sharing and park and ride, and the different ways people can now get around with the modern transport revolution.
Mark Fletcher (Bolsover) (Con)
The Parliamentary Under-Secretary of State for Transport (Robert Courts)
We have published a future of freight plan, supporting efficient, resilient and sustainable supply chains.
Mark Fletcher
I thank the Minister for that very brief answer. I recently met Rick Bromley, who runs a road haulage business in my constituency, and he was very concerned about the impact of rising fuel prices on the industry and the uncertainty that such prices are creating. What assessment have the Minister and the Department made of the sustainability of the haulage sector given the current uncertainties?
Robert Courts
I will reply at more length now, if that is what my hon. Friend would like. We recognise that the cost of fuel, driven by global factors, means that businesses are of course facing increased operating costs, and we are taking steps to mitigate that. My hon. Friend will be aware that we cut fuel duty by 5p in the spring, and we have recently instructed the Competition and Markets Authority to conduct an urgent review of competition in the fuel retail market to ensure that customers and businesses are not getting ripped off.
Sam Tarry (Ilford South) (Lab)
Mr Speaker, I apologise for my lack of a tie earlier this morning. You know that I usually take my sartorial choices incredibly seriously, given how much the media like to comment on them.
From fashion to transport chaos. We know that the Government have allowed supply chains to deteriorate to breaking point over the past few weeks. Countless businesses are on the verge of going bust, and the knock-on impact on families has been heartbreaking given the full force of the cost of living crisis. Throughout this, the Secretary of State has been and continues to be missing in action. Time and again, he has refused to meet the Mayor of London to agree a long-term funding deal for Transport for London, jeopardising UK-wide supply chains. He did nothing—nothing—to halt last week’s rail strikes, and instead just attacked the workers, who had legitimate grievances. It is clear that the Secretary of State does not care about fixing supply chains; instead, he spends his time making TikToks. So will the Minister get a grip on the transport chaos?
Robert Courts
Let me enlighten the hon. Member. There is, for example, the action we have taken on HGV drivers. We have taken 33 measures, which have been praised by Logistics UK. That is what we are doing. This Department has a very firm grip of the transport network, and that is why we are seeing results.
Daniel Kawczynski (Shrewsbury and Atcham) (Con)
The Minister of State, Department for Transport (Wendy Morton)
We are expecting to receive a strategic outline business case from Midlands Connect in July, which I hope will set out the potential impacts of this scheme on employment, training and education.
Daniel Kawczynski
I thank my hon. Friend for that answer. As she says, a business case is going in to her Department in July to increase the line speed between Shrewsbury and Birmingham, which could be done by 2025 if signed off quickly. Will she use her good offices to agree the funding for the outline business case, so that we can finally level up for Shropshire with connectivity and speed to our regional capital, Birmingham?
Wendy Morton
My hon. Friend is absolutely right that rail projects such as this are a vital way of levelling up and growing the economy right across every part of the country. I look forward to receiving the business case next month, and I would be very happy to meet my hon. Friend and stakeholders to discuss the scheme further.
Mr Gagan Mohindra (South West Hertfordshire) (Con)
Gareth Davies (Grantham and Stamford) (Con)
The Secretary of State for Transport (Grant Shapps)
The Centre for Economics and Business Research has estimated the cost of the RMT’s strike action to be at least £91 million due to workplace absences. However, Network Rail has estimated the direct cost of last week’s strike to the rail industry to be between £100 million and £150 million.
Mr Mohindra
I thank the Secretary of State for that answer. The effect of the covid-19 pandemic on the rail industry has been well documented, as have been his and the Chancellor’s extensive efforts in providing support for our railways during that time. Does my right hon. Friend share my disappointment that, after two years of taxpayers’ money being spent subsidising the rail industry, the RMT chose to strike instead of accepting the pay rise it has been offered or continuing to negotiate?
Grant Shapps
My hon. Friend is right, but it is actually even worse than that. Not only was £16 billion of taxpayers’ money put in—£600 per family in this country, or £160,000 per individual railway employee—but the RMT balloted for strike action under the false pretence that there would not be a pay rise, when in fact the pay freeze had already ended. That is unjustified and unjustifiable action that the whole House should be condemning.
Gareth Davies
Given the significant cost of the strikes, what progress can we make towards the introduction of minimum service levels, like they have in many other European countries, albeit as a longer-term solution?
Grant Shapps
We are intending to progress with minimum service levels. That is in our manifesto, and we will be introducing legislation later this year. As my hon. Friend rightly points out, minimum service levels exist in civilised countries such as France, Italy and Spain, and it is about time we had them in the UK as well.
Peter Grant (Glenrothes) (SNP)
Will the Secretary of State explain why it is that when essential goods such as fuel are in short supply the price has to go up, but when essential workers are in short supply, their wages are expected to go down?
Grant Shapps
As I have explained to the House, a pay rise was already on the cards, and it is false to have called a strike on the basis that there would be a pay freeze. The pay freeze had ended. It is also untrue to say that there needed to be wide-scale compulsory redundancies. Indeed, we had a voluntary redundancy programme, where 5,500 members of staff came forward, and we only accepted 2,500 of them. This strike has been called on the false pretences that I have described. It is time to end the strike and ensure that people get back to work, and it is time for those on the Opposition Benches to condemn the strikes.
Martyn Day (Linlithgow and East Falkirk) (SNP)
The Secretary of State for Transport (Grant Shapps)
I know the whole House will share our concerns about the potential for aviation disruption this summer. Millions of families are looking forward to getting away on holiday, which is perhaps the first one they have had since the pandemic. We appreciate that the airports are busy as they recover, but the last thing we want is a repeat of the scenes that we saw at Easter and half term. Let me stress that there is absolutely no excuse for further widespread disruption. It is more than 100 days since we announced the easing of travel restrictions; further to support the industry as it prepares for the summer, I am today announcing, with a written ministerial statement to the House, a 22-point plan to help recruit and retain staff, and improve resilience, so that disruption to passengers this summer is minimised, and if delays do unfortunately occur, so that travellers get properly compensated. Those measures are what we are doing, and we look to the aviation sector to do its part.
Martyn Day
My constituents who work at the Alexander Dennis Limited factory in Camelon, along with many others throughout the industry, suspect that the Prime Minister’s green bus pledge will not be met. In the same timeframe, the Scottish Government have, per capita, ordered the equivalent of more than three times as many buses as the UK Government’s figure. Will the 4,000 buses be on the roads by the end of this parliamentary term?
Giles Watling (Clacton) (Con)
The Minister of State, Department for Transport (Wendy Morton)
I have spoken to my hon. Friend several times, including recently, about that scheme, and he is a keen campaigner for getting faster and more reliable trains from Clacton to London. We want to provide as much certainty as possible on rail enhancements, and we will set out our plans, including our proposals on Haughley junction, in the upcoming update to the rail network enhancement pipeline.
Mike Kane (Wythenshawe and Sale East) (Lab)
It is my great pleasure to welcome the Secretary of State to oral questions today, because he was absent without leave last time, and he is missing in action when it comes to aviation. He mentioned the chaos over Easter and the jubilee weekend, but he did not hold one meeting with aviation bosses during that time. Now EasyJet, among others, has announced that it could cancel 10,000 flights in the next three months. The Secretary of State needs to step up to the plate. He needs to go to the Prime Minister, knock on the door, and clean up the mess.
Grant Shapps
I am not sure what the question was. During the last oral questions, I was taking on the UK presidency of the International Transport Forum, which is the world’s most important international transport body. If the hon. Gentleman does not think that a Secretary of State should be doing that, he is very mistaken indeed.
Peter Aldous (Waveney) (Con)
Wendy Morton
My hon. Friend has previously raised the issue of Haughley and Ely junctions with me. We remain committed to publishing the RNEP update, which has been delayed by the need to take account of the impacts of the pandemic and the spending review. However, I want to be in a position where we can provide as much clarity and certainty as possible. We will set out our plans shortly.
Gavin Newlands (Paisley and Renfrewshire North) (SNP)
The Secretary of State will doubtless be aware of the existence of proof that Inverness airport, having proactively asked about the private jet flight to Moscow two days after the Russian invasion, was told by NATS that it had no reason to intervene and that it should expect contact from the Department for Transport on anything specific. He sought to embarrass Inverness airport and blame it publicly. Would he like to correct the record and apologise to Highlands and Islands Airports Ltd for his error?
Grant Shapps
As a pilot, I understand how NOTAMs—notices to aviation—work: they are the responsibility of either the pilot or the aviation operator, which in this case was the airport, to follow. There is simply no excuse for not following them.
Nickie Aiken (Cities of London and Westminster) (Con)
With more strike days on the tube under this Mayor than his predecessor, his wanting to slash our bus services—in particular, the 24 and the 211 in my constituency—and with the Met now in special measures, does my right hon. Friend think it is time that the Department for Transport considers putting Transport for London in special measures?
Grant Shapps
My hon. Friend makes an interesting point. Labour Members constantly call on me to enter into direct negotiations with the unions. They may be able to tell us whether the Mayor of London has done the same thing with the RMT strikes. If he has, it has not worked. If he has not, why are they not calling on him to do that?
To add to my hon. Friend’s lengthy list of problems, I got a letter yesterday from the monitoring officer at the Greater London Authority, who says that she will be referring to the formal complaints process guidance as a result of the Mayor’s releasing information about both the Elizabeth line and TfL in advance of the markets.
Peter Dowd (Bootle) (Lab)
The Parliamentary Under-Secretary of State for Transport (Trudy Harrison)
The hon. Member makes a particularly important point, which is exactly why we are investing £577 million in research and development, more than half of which is on decarbonisation of transport, including programmes such as ADEPT live labs where we look specifically at how we can reduce carbon emissions from bituminous materials and road making provisions.
Greg Smith (Buckingham) (Con)
Many of the roads in north Buckinghamshire are in a perilous and dangerous state because of the thousands of heavy goods vehicle movements related to the construction of High Speed 2 and East West Rail. Does my hon. Friend agree that, as a point of principle, that which those companies break, they should fix without question?
The Minister of State, Department for Transport (Andrew Stephenson)
My hon. Friend remains a doughty champion of his constituency and the state of its roads. I continue to work with him to ensure that any damage done by HS2 or East West Rail is put right. The company has committed to that, and I will continue to work with him and his local councillors to ensure that that happens.
Ms Karen Buck (Westminster North) (Lab)
Grant Shapps
There have been numerous meetings with the Mayor, and they have included our officials as well as me from time to time. The Mayor has failed to bring forward his plan for the reform of pensions, missing the deadline and causing us to have to, in part, create an additional extension for that purpose. On Thursday or Friday of last week, he stood up and made a speech saying that he would dodge the difficult issues set up by his own independent review of the pensions and that there was not even a cause for having a pensions review, which has cost the taxpayer hundreds of millions of pounds. The Mayor needs to start taking some responsibility for his own transport system in London.
Alicia Kearns (Rutland and Melton) (Con)
I recently met the parents of Emily, a nine-year-old girl from the Vale of Belvoir who was killed in a tragic car accident. They want me to ask the Secretary of State what consideration he has given to graduated driving licences, which we know have saved lives around the world. Will he meet me to discuss the most dangerous roads in Rutland and Melton, particularly the A52 junction at Bottesford?
Grant Shapps
Reducing road deaths and injuries is something that I am very passionate about. We are working all the time with National Highways and the local highways authorities. I will certainly make sure that my hon. Friend gets an urgent meeting with the Roads Minister to discuss her specific issues.
Jessica Morden (Newport East) (Lab)
Wendy Morton
I assure the hon. Lady that my office has been endeavouring to set up that meeting. I will chase them and make sure that it happens.
Felicity Buchan (Kensington) (Con)
The Mayor of London is consulting on cutting 18% of London’s bus routes. This will badly affect my constituency, with seven routes cut completely and seven severely affected, even though the elderly, the disabled and the vulnerable are dependent on buses. Does my right hon. Friend the Secretary of State agree that the Mayor needs to stop these plans?
Grant Shapps
My hon. Friend is absolutely right. We have provided £5 billion to TfL. What the Mayor does with that money and how he spends it is his choice. As I mentioned a moment ago, rather than doing the difficult things—for example, tackling the pension fund that his own review says requires tackling—he is cutting buses for Londoners, and that cannot be right.
Peter Grant (Glenrothes) (SNP)
Grant Shapps
No, no and no. For clarity, I will write to the hon. Gentleman and put a copy of the letter in the Library, explaining how a notice to airmen, as it used to be called—it is now called a notice to aviation—operates. As soon as it is issued, it is the job of the aviation organisation or pilot to obey it. There are no ifs and buts—a NOTAM is a NOTAM. It does not matter what anybody else says—that is what has to be followed. I will illustrate that in a letter to the hon. Gentleman, and I hope we can put this issue to bed.
Jonathan Gullis (Stoke-on-Trent North) (Con)
The No. 7 bus, which connects Smallthorne, Chell, Packmoor and Kidsgrove, is sadly at risk, so could my right hon. Friend ask the Bus Minister to hold an urgent meeting with me, Stoke-on-Trent City Council and First Potteries, to make sure that this vital service is not lost?
Grant Shapps
I know that the Bus Minister will be delighted to meet my hon. Friend.
Nadia Whittome (Nottingham East) (Lab)
Grant Shapps
I know that the hon. Lady is passionate about transport issues. I saw that she was on the picket line last week, although that, unfortunately, stopped hard-working people getting to their jobs to earn a living. I also know she will be a big fan of the recent great British rail sale, which saved the public £7 million, with lots of tickets up to half price. That was massively successful, with about 1.5 million tickets sold. I hope to repeat such exercises.
Jacob Young (Redcar) (Con)
Will the Minister confirm that the DFT will use the upcoming Government response to the consultation on the renewable transport fuel obligation to fine-tune the regulations and stimulate the use of hydrogen in transport?
Trudy Harrison
It is an absolute pleasure to respond to Mr Hydrogen on this issue, because we in the Department share his enthusiasm for hydrogen in the transport sector. We are looking at the RTFO to see how it could support hydrogen in transport more effectively while working with colleagues across the Department for Business, Energy and Industrial Strategy to do the same.
Cat Smith (Lancaster and Fleetwood) (Lab)
I thank the Rail Minister, the hon. Member for Aldridge-Brownhills (Wendy Morton), for her announcement on 18 June about more funding for the development of the line between Poulton-le-Fylde and Fleetwood. Will she reassure my constituents, who are important stakeholders in that potential reopening, that they will be consulted by Network Rail as plans develop?
Wendy Morton
I was really pleased that we were able to make that announcement. I assure the hon. Member that, as we continue with that, we will keep in touch with her and stakeholders as appropriate.
Gareth Thomas (Harrow West) (Lab/Co-op)
There are media reports today that another 30 flights from Heathrow have been cancelled, with considerable disruption for many passengers. Many passengers have turned up to Heathrow not knowing that those flights were set to be cancelled, so it is disappointing that the Secretary of State has chosen not to initiate an oral statement on his response to the crisis. How many people does he think have been affected by the situation facing our airlines? And if he does not know, why not?
The Parliamentary Under-Secretary of State for Transport (Robert Courts)
We have made it absolutely clear that the scenes we have seen at airports are unacceptable and that we do not want a repeat of them. It is important to remember that the responsibility for ensuring the safe, efficient operation of airlines rests with the aviation sector. We have announced a 22-point plan today to make it clear what the Government are doing in support.
David Linden (Glasgow East) (SNP)
On Saturday, I met RMT Scotland workers on the picket line at Glasgow central station and was incredibly proud to do so. One of the things they told me is that they are sick, tired and fed up of the Secretary of State vilifying them in public. Will he take this opportunity to apologise to RMT workers, our hard-working railway staff who keep the railways safe every day, and actually get around the table with them?
Grant Shapps
I am happy to clear this up: I think that railway workers are very hard-working people who have been sold a duffer by their union bosses, who are hard-line—in many cases—Marxists who want to bring this Government down and bring the country to a standstill. It is a great shame that the hon. Member is encouraging that, rather than condemning it. Fortunately, they are paid well above the average in the country—£44,000 for the average railway worker compared with only £31,000 for a nurse.
Speaker’s Statement
Mr Speaker
I wish to record my deep, deep disappointment at the fact that the Minister for Crime and Policing yesterday failed to follow the usual procedures and chose to share an incomplete advance version of the statement with the Chairs and others. My office has compared the two versions; around 150 words were added to a 900-word statement. I note that the Minister returned to the House last night to apologise in general terms, but I do not think that is quite good enough. It was also suggested that it was late and therefore he could not give advance notice to others, but it seemed funny that Government Back Benchers had been given briefings on the questions that were missing, so it is totally not acceptable. I have to tell the House that he has still not apologised directly or personally to me.
I also look to the Leader of the House to confirm now that all Departments will be reminded by him not to repeat such discourteous behaviour. Back Benchers are here to hold the Government to account and not just on what the Government choose to be held to account on. There was nothing wrong in what the Minister for Crime and Policing said, but everybody should know what was going to be said.
Business of the House
(2 years, 5 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Thangam Debbonaire (Bristol West) (Lab)
Will the Leader of the House give us the forthcoming business?
The Leader of the House of Commons (Mark Spencer)
It will be a pleasure.
The business for the week commencing 4 July will include:
Monday 4 July—Conclusion of consideration in Committee and remaining stages of the Northern Ireland Troubles (Legacy and Reconciliation) Bill.
Tuesday 5 July—Estimates day (1st allotted day). There will be a debate on estimates relating to the Department for Work and Pensions in so far as it relates to the spending of the Department for Work and Pensions on the cost of living measures, on the Office of the Secretary of State for Wales in so far as it relates to the spending of the Office of the Secretary of State for Wales on measures to support the Welsh economy and its consequences for funding the devolved institutions, and on the Department for Business, Energy and Industrial Strategy in so far as it relates to the spending of the Department for Business, Energy and Industrial Strategy on action on climate change and decarbonisation, followed by a motion to approve a Ways and Means resolution relating to the energy (oil and gas) profits levy.
Wednesday 6 July—Estimates day (2nd allotted day). There will be a debate on estimates relating to the Department for Education, and on the Foreign, Commonwealth and Development Office in so far as it relates to the spending of the Foreign, Commonwealth and Development Office on the strategy for international development. At 7 pm, the House will be asked to agree all outstanding estimates.
Thursday 7 July—Proceedings on the Supply and Appropriation (Main Estimates) Bill, followed by a debate on a motion on economic crime law enforcement resourcing, followed by a general debate on the Government’s alcohol taxation considerations and alcohol duty review. The subjects for these debates were determined by the Backbench Business Committee.
Friday 8 July—The House will not be sitting.
The provisional business for the week commencing 11 July will include:
Monday 11 July—Consideration of an allocation of time motion, followed by all stages of the Energy (Oil and Gas) Profits Levy Bill.
Tuesday 12 July—Remaining stages of the Online Safety Bill (day 1), followed by debate on a motion on restoration and renewal of the Palace of Westminster.
Wednesday 13 July—Consideration in Committee of the Northern Ireland Protocol Bill (day 1).
Thursday 14 July—Business to be determined by the Backbench Business Committee.
Friday 15 July—The House will consider private Members’ Bills.
Thangam Debbonaire
I thank the Leader of the House for the forthcoming business. I have to ask him: what is it about Tuesday afternoons and Tory MPs finding themselves anywhere but the voting Lobby to defend their own Government? For the fourth week in a row, Labour has successfully passed Opposition day motions in this House. From cracking down on Tory sleaze and scandal to tackling the cost of living crisis and getting a grip on backlog Britain, Labour has a plan and Tories do not even bother turning up. Picking and choosing which votes they will respect and which they will ignore is no way to run a parliamentary democracy. It is disrespectful to this House, to which I remind him his Government are accountable. How will the Government honour Labour’s successful motions?
Whether it is passports, driving licences, GP and hospital appointments, queues at airports or even waiting times to start cancer treatment, backlog Britain is having a serious impact on people’s lives. Where is the plan? While I am on it, the Government have no plan that I can see to end the 12 years of slow growth and high taxation that we have suffered under successive Tory Governments. Will the Leader of the House ask the Chancellor to come to this House and deliver the emergency Budget that the country so badly needs?
Last week, the Leader of the House did not answer my question about when we can expect a new Government ethics adviser in post. I know that it is a tough job, given this Government’s record, but it is an important one and we need urgency. I ask the Leader of the House again: when will the vacancy be filled? Can he guarantee that investigations that were ongoing prior to Lord Geidt’s resignation will be completed?
The Social Security (Special Rules for End of Life) Bill will allow people who are thought to be in the final year of their life to get fast-tracked access to various benefits. My hon. Friend the Member for Newport East (Jessica Morden) has long campaigned for it. We all agree with it. There really is no excuse for the hold-up of this Bill. Terminally ill people deserve the reassurance that they will have the financial support that they need. It is a short Bill and has passed all stages in the Lords. Will the Leader of the House bring forward this incredibly important yet uncontroversial legislation for Second Reading as soon as possible?
I understand that the Youth Parliament has not yet received a date for when its members will be allowed to come to the House again. Is that because the Government have nothing to say about the many important issues affecting young people, and we do? Could the Leader of the House give the Youth Parliament a date for when its members will be welcomed back to the Chamber?
On Tuesday, Nicola Sturgeon announced plans to go through the courts to try to hold an illegal referendum in Scotland. However, the First Minister gave the game away in her statement to the Scottish Parliament. It seems that it was not about a referendum; it was about the next general election. Nicola Sturgeon seems to be happy for the 700,000 people on NHS waiting lists in Scotland to take a back seat while constitutional debates take precedence for the Scottish National party. I note the striking similarities with the Conservative Westminster Government, who want to make the next election all about cultural wedge issues. The best way to protect and strengthen the UK is clearly to elect a Labour Government who will deliver for every nation and region of our country. The SNP has no greater asset in its attempt to break up the UK than the Prime Minister. Does the Leader of the House really think that propping up this failed Prime Minister is helping the Union?
Yesterday, the International Trade Secretary pulled out of her scheduled evidence session with the International Trade Committee on the UK-Australia trade deal, following a damning report the night before on—ironically—the lack of parliamentary scrutiny of the deal. As my right hon. Friend the Member for Torfaen (Nick Thomas-Symonds) said yesterday, when a Secretary of State runs away from scrutiny of her own trade deal, it is worrying and, frankly, embarrassing. Will the Leader of the House remind his colleague of the importance of simply turning up for Select Committee sessions?
This Tory sense of entitlement is symbolic of a Government who have dragged their feet for more than a decade; a Government who are out of touch and out of ideas; a Government who are unable to govern, unwilling to govern, and indeed incapable of governing. As the voters said last Thursday, the Prime Minister’s game is up. It is time for a Labour Government with a plan to back working families.
Mark Spencer
I thank the hon. Lady for her questions. Let me begin by saying that we do have a plan for the NHS: we have a plan to invest in our health service. We introduced the health and social care levy in order to invest billions in it. She complained about the backlogs that covid has caused and the challenges that it has presented to the UK. Our plan is to invest in our health service, but she chose to vote against that investment rather than supporting it.
The hon. Lady talked about a Labour Government delivering for the UK. Let us just look at the facts. Let us, for instance, compare cancer outcomes in England with those in Wales. In England, 65% of cancer patients start treatment within six weeks; in Wales, the figure is only 55%. It is because Labour runs the NHS in Wales, and does not run it as efficiently as England, that the outcomes in Wales are not as positive as those in England, and that is a great shame.
The hon. Lady mentioned the Youth Parliament. I think Mr Speaker has plans to allow it to return, but that is a matter for him.
Mr Speaker
Order. May I qualify that? It is actually for the Leader of the House to lay a motion. We have been through this. Every Youth Parliament sitting here has been arranged in that way. Rather than passing this round, let us be clear about the fact that a motion must be laid.
Mark Spencer
Thank you, Mr Speaker. When I receive a letter requesting that a motion be laid, we will of course lay that motion. I am happy to take this offline, Mr Speaker, but I do not think we have had that letter. I am fairly confident about this.
Mark Spencer
I am not going to battle with you at the Dispatch Box, Mr Speaker, but should you write to me, of course we will lay that motion.
The hon. Lady talked about the International Trade Committee. I understand that the Secretary of State has agreed a new date on which to go back to the Committee. It has had that report to scrutinise for more than six months. By the time we finish the CRaG process, we will have had seven months of scrutiny on that matter and I think that is right.
The hon. Lady can spend her time here complaining and claiming that Labour has a plan, but the simple fact is that the Labour party does not have a plan for the United Kingdom. The Government are getting on with meeting the challenges and solving the problems that we face. We said that we would recruit over 20,000 more police officers, and we have already recruited 13,500. We are investing a huge amount of cash—£39 billion—in helping people with the challenges of the cost of living. We are leading internationally on Ukraine and making sure that we are seen to be leading. Only the US is beating us in the amount invested in supporting Ukraine. We are fighting with a global inflation spike and succeeding in helping people through this crisis, and the hon. Lady should support the Government in what we are trying to achieve, rather than just complain from the sidelines.
Karen Bradley (Staffordshire Moorlands) (Con)
In two weeks’ time I will be hosting my first in-person event since the pandemic, which is a pensioners fair to bring together those organisations and agencies that help to support and provide opportunities for the more mature constituents of the Staffordshire Moorlands. Will my right hon. Friend find time for a debate on those community groups that help to provide such great support to more mature people, particularly in the light of the loneliness and social isolation that many of them suffer?
Mark Spencer
Of course I would be delighted to support my right hon. Friend in that, and I pay tribute to her and the work she does in her constituency to support pensioners and give them help and advice on how to engage with the Government. I also pay tribute to members across the House who hold such events, which are a great asset to our communities.
Mr Speaker
We now come to the Scottish National party spokesperson, Pete Wishart.
Pete Wishart (Perth and North Perthshire) (SNP)
We need a debate about democracy across the UK. We need to properly consider why this Government think it is okay to try to legally imprison a nation in what is supposed to be a voluntary Union of equals. We need to figure out why this Government seem to believe that democracy can somehow be put into some sort of Tory deep-freeze where people are not allowed to change their minds and their parliamentary majorities do not seem to matter. We need to debate why a nation should continually endure Governments that it did not vote for, and why these Tories think that our country is better being governed by them, rather than by the people who live and work in Scotland. We need to consider what Scotland has done to whatever Almighty is out there to end up being governed by this particular Prime Minister.
We need to debate all the broken promises that were made to Scotland last time: the untruth that only by voting to stay in the Union would we remain in the EU; and the daily attacks on our Parliament when we were promised near-federalism. We have to ask: is this broken Brexit Britain the best that Scotland can ever be and ever aspire to? In that debate, we have to look at the examples of similar-sized countries to Scotland that are powering ahead of Scotland, unshackled as they are from that bunch over on the Government Benches. We need to challenge the Government’s assumption that, with all our resources, skills and history of invention and creation, Scotland would somehow uniquely fail in the world. We need to ask them why they still believe that we are somehow too wee, poor and stupid to run our own affairs. More than that, we need to leave, and most importantly, we need to debate why any self-respecting country would want to remain in a Union that is prepared to do this to Scotland.
Mark Spencer
I think the direct answer to the hon. Gentleman’s question as to why other countries of a similar size are bouncing forward quicker than Scotland is that they do not have the anchor of the SNP running their Government and holding them back. I pay tribute to the hon. Gentleman: he is the master of smoke and mirrors. He wants to talk about this issue because he does not want people to focus on the disastrous education system in Scotland or the debacle of the Scottish ferries. He wants to put ideology ahead of the needs of the Scottish people. He talked about broken promises. What about the broken promises of the SNP Government, who said they would protect their children’s education and futures? They have not delivered on that; they have made it far worse. And when we look at the economic performance in Scotland, we can see that it is being held back by the SNP Government. The sooner Scotland has a Conservative-controlled Administration, the better off it will be.
Mr Tobias Ellwood (Bournemouth East) (Con)
I strongly commend the Government’s exemplary support for Ukraine, but when the head of the British Army compares today to 1937, we must listen and we must act. This is clearly not the time to be cutting our Army by 10,000 troops, because that sends a clear message to Putin that we are not in it for the long haul. We cannot sustain two battlegroups in Estonia and place pressure on the Army to conduct all its other duties to keep the nation safe. Can we have a debate, and indeed a vote, on reversing these cuts? If there were a free vote, I know how the House would act, and it would have the nation’s support.
Mark Spencer
My right hon. Friend will be aware that we are increasing defence spending by more than £24 billion over the next four years. We have announced another £1 billion of military support to Ukraine, taking our total military support to £2.3 billion, which is more than any country other than the United States. Our military have a huge, proud record around the world and in the UK, and we will continue to support them.
Mr Speaker
I call the Chair of the Backbench Business Committee, Ian Mearns.
Ian Mearns (Gateshead) (Lab)
I apologise to the House for missing the last two Thursdays due to the recurrence of a slipped disc. I managed to get a physiotherapy appointment last Thursday, which I am glad to say seems to be working.
I am glad the Leader of the House has announced Backbench Business time on 14 July, when we will debate the commemoration of Srebrenica, the memorial date for which is on 11 July.
I received a letter from Her Majesty’s Passport Office yesterday in response to 17 different inquiries about missing passports on behalf of my constituents. Some of these 17 answers date back to inquiries submitted in March. We are still getting inquiries, on an almost daily basis, from constituents who are worried about their missing passports. The situation does not seem to have improved since I first raised it in the House back in late February or early March. Can we have a statement from the Home Secretary on what is being done to improve the situation? Whatever has been done already is not working.
Mark Spencer
I am glad to see the hon. Gentleman back in his place, and I hope his slipped disc is now better. I know how heavy those RMT banners can be, so he should be careful when carrying them.
On the challenges for the hon. Gentleman’s constituents in getting their passports, I hope he will recognise that the Home Office has recruited another 550 staff, with another 600 to come very soon. We are trying to meet the challenge, and 91% of people now get their passport within six weeks. If he wants to write to me with specific cases, I will, of course, raise them directly with the Home Secretary on his behalf.
Sir Charles Walker (Broxbourne) (Con)
Can we have an urgent debate about the Secretary of State for Education’s mobile telephone? I have been lobbying him on behalf of Haileybury Turnford School for the past six months, as the sixth form needs a new roof. I have sent videos of water flooding into buckets through the leaking roof.
The Secretary of State says, “Send me a text, and I will see what I can do.” So I sent him a text, but it cannot have arrived because nothing happened. I say that because he may have a smartphone and I have this wonderful little Nokia, and maybe the two are not compatible. May I make a serious point? I think it is not fair on him not to be receiving my texts, and we need to find a fix to make sure action happens in future.
Mark Spencer
I do not underestimate my hon. Friend’s effort in typing texts on that phone. I will make sure his comments are passed to the Secretary of State for Education. The Government are investing huge amounts in our schools to make sure they are fit to educate the next generation, and I am sure the Secretary of State will continue to do that. I will pass on my hon. Friend’s comments.
Mr Speaker
He should borrow the Leader of the House’s phone, as it might get through quicker.
Barry Gardiner (Brent North) (Lab)
Each morning, Royal Mail delivery offices around the country are having to decide which streets to rotate and not get their letters. This is because of the wholesale restructuring in Royal Mail, by agreement, involving about 1,400 managers, but a further 900 delivery office managers are now being made redundant and the strain is showing in service delivery. Can we have an urgent statement from the Secretary of State for Business, Energy and Industrial Strategy on the failure of Royal Mail senior management to implement a restructuring that actually delivers a service for the people of this country?
Mark Spencer
Of course, I will pass the hon. Gentleman’s comments directly to the Secretary of State. Royal Mail is an organisation that delivers, literally, for our constituents up and down the country, and people deserve to have their mail arrive on time. Lots of businesses and individuals rely on that service, and I will make sure the Secretary of State is aware of his comments directly.
Mrs Pauline Latham (Mid Derbyshire) (Con)
I have raised the issue of Belper mill with my right hon. Friend on previous occasions, as well as directly with the heritage Minister. The Derwent Valley mills world heritage site brings huge benefits to Derbyshire, both economically and culturally. Unfortunately, Belper mill, in the middle of the world heritage site, is in terrible disrepair, under the management of an absent, dreadful owner. Please may we have a debate in this House about the importance of cultural heritage assets to local communities, particularly the country’s globally renowned UNESCO world heritage sites, so that this does not continue to happen in other places, as well as in Belper?
Mark Spencer
I thank my hon. Friend for her question, and I pay tribute to her and the work she has done on this matter. It is important that we protect our nation’s cultural heritage for everyone to enjoy for many years to come. Our 38 designated world heritage sites across the UK are some of the finest examples that are recognised at a global level by UNESCO, and I will ensure that the heritage Minister is made aware of her concerns and will write directly.
Lilian Greenwood (Nottingham South) (Lab)
In 2020, the Government finally admitted that the four-year freeze on local housing allowance was completely unsustainable and raised rates to the 30th percentile of local rents, but since then the freeze has been reimposed. Last year alone, rents across the UK rose by an average of 11% and in Nottingham they rose by 13%. There are simply no homes available right now in our city at LHA rates, and families, who are already facing huge energy bills, rising food prices and higher taxes, cannot fill the gap. May we have a statement from the Secretary of State for Levelling up, Housing and Communities on whether he intends to do his job and take action to protect my constituents from, at best, severe hardship and, at worst, homelessness?
Mark Spencer
I hope the hon. Lady would recognise the huge contribution that the Exchequer is making to support people with the challenges on the cost of living and what the Secretary of State is doing to help people in the circumstances that she describes. This is why we are introducing the renters reform Bill. It was announced in the Queen’s Speech and is coming in this Session. That will be a huge step forward to help people in those circumstances, and I hope she will be in her place to support that Bill as it progresses through the House.
Katherine Fletcher (South Ribble) (Con)
This week, I have had the honour of hosting the delegation from Mozambique for Mozambique in the UK Week. Yesterday, we were in the City to see agricultural investment opportunities in both our countries. I am fortunate to be serving on the Genetic Technology (Precision Breeding) Bill Committee, where we heard evidence from the National Farmers Union this week about how it wants us to press on with this legislation to give opportunities for increased crop yields and trade, and reduced environmental impact. Does the Leader of the House agree that Britain is a world-class agricultural leader and it is a shame that the SNP Administration in Scotland and Welsh Labour are not allowing this opportunity for us to show our scientific endeavour, on the basis of historical and unscientific fears?
Mark Spencer
I thank my hon. Friend for her timely question. Yesterday, I had the privilege of visiting the Roslin Institute in Edinburgh, where I learnt at first hand about how world-leading genetic research is being conducted in Scotland. I met Professor Bruce Whitelaw, who explained how the fascinating research can help us to reduce the terrible impact of disease in our agricultural sector. This will bring huge opportunities to UK agriculture and promises fantastic opportunities for the whole of the UK. I sincerely hope that her prediction is wrong and that the Scottish and Welsh Governments will reconsider and give and Scottish and Welsh farmers access to that brilliant technology, so that they can work alongside English farmers together.
Dave Doogan (Angus) (SNP)
Since 1975, Scotland has had six referendums: in ’75 on the EEC; in ’79 on home rule in Scotland; in ’97 on the Scottish Parliament; in 2011 on the additional vote; in 2014 on independence; and in 2016 on Brexit.
Dave Doogan
It is nice to see how Labour and the Conservatives ally on this issue.
Those referendums took place over 47 years. That means that a referendum happens in Scotland every 7.8 years. Our referendum on Indyref2, which will take place next year, will be comfortably within that margin. Why are the Government using time as a measure of why this is not appropriate at this time? The Leader of the House cannot say what the people of Scotland want, because we have been rejecting his party since 1955.
Mark Spencer
It is a question not of time, but of priority. The priority of the UK Government is supporting our constituents with the challenges of the cost of living, with improving our education service, and with investing in police officers. I understand why the SNP wants to distract people from its terrible record in Scotland. It wants to put ideology ahead of the needs of the Scottish people. It should be concentrating on making sure that the Scottish people get the level of service from their Government that they deserve.
Greg Smith (Buckingham) (Con)
As we look forward to the UK’s largest sporting event, the British Grand Prix, this weekend, by your kind permission, Mr Speaker, Parliament came alive this week to the technologies that the motor sport sector has offered us over the years—from the examples of the Formula 1 turbo-hybrid era, to all-electric Extreme E, Formula E and the bambino karts and to a classic Jaguar E-Type that ran solely on sustainable fuels at Goodwood last weekend.
Where motorsport technology leads, other sectors follow. Can we have a debate to explore the full panoply of technologies being developed by the motorsport sector to ensure that, in terms of their future use, cars, aviation, shipping, agricultural machinery and beyond have a wide eclectic future, and not just a monotype battery electric future?
Mark Spencer
I pay tribute to my hon. Friend, because I think he is the chair of the all-party group on motorsport, and to you, Mr Speaker, for allowing the use of Speaker’s Court for some of that amazing technology and for those amazing cars. It was a true privilege to be able to see those motor vehicles.
My hon. Friend is right to pay tribute to the industry, which brings forward amazing technology here in the United Kingdom that is driving world investment and benefiting the UK economy. I do not know whether he had the opportunity to raise this in Transport questions this morning, but I will make sure that his comments are passed on to the Secretary of State.
Justin Madders (Ellesmere Port and Neston) (Lab)
Later today, the all-party group on leasehold and commonhold reform, of which I am proud to be a co-chair, will be hosting a reception. Among other things, it will be marking the life of the late Louis Burns, who did so much to campaign on leasehold reform. We will also be marking the introduction of the Leasehold Reform (Ground Rent) Act 2022. However, the big question that we will all still be asking is: when will ground rents be banned for existing leaseholders? We have had promises now for nearly five years from successive Government Ministers. Can we have a statement, please, with a date when leasehold ground rents will be banned on all homes?
Mark Spencer
As I said to the hon. Gentleman’s colleague, the hon. Member for Nottingham South (Lilian Greenwood), a moment ago, the lease reform Bill is coming forward, which is a huge step forward. It will be an opportunity for the House to debate those matters, but the Government are committed to help and support people across all constituencies to get access to housing. We want to see people own their own home, and also to be able to get on to the housing ladder and to access a home to build a future for themselves.
Sarah Atherton (Wrexham) (Con)
Unscrupulous private parking companies are a blight to my constituents in Wrexham. Following a survey that I undertook, I highlighted concerns to Ministers, and, last February, they introduced a code of practice for parking firms. However, all has gone quiet. Can the Leader of the House please explain what is happening and how we can ensure that the Government hold these unjust private companies to task?
Mark Spencer
I thank my hon. Friend for her question; it is a very important one. I know that the Department has temporarily withdrawn the code in response to legal proceedings issued by some members of the private parking industry. We are disappointed by that setback, but we are committed to reintroducing a code that provides the best possible protection for motorists, and we will continue to work with the industry and consumer groups to introduce a new code as quickly as possible.
Mr Alistair Carmichael (Orkney and Shetland) (LD)
Can we have a debate on the teaching of geography, especially to Ministers and civil servants? Anyone passing through a UK airport at the moment will see adverts—doubtless quite expensive adverts—for the GREAT campaign, which features a map of most of the country. I say “most” of the country, because that map does not include Orkney or Shetland. It does include the Isle of Man—which, last time I looked, was not part of this country. It is a bit insulting to the many businesses in Orkney and Shetland, which are at the forefront of leading technology exports, to see ourselves excluded by our own Government in this way. Will the Leader of the House fix it?
Mark Spencer
I understand the point the right hon. Gentleman makes. He is a huge advocate for Orkney and Shetland, and I know he will continue to ensure their voice is heard in this House. I will make sure that those Ministers responsible for the advertising campaign are aware of their faux pas.
Dr Matthew Offord (Hendon) (Con)
I sympathise with the Chairman of the Backbench Business Committee, as I am suffering from the same condition; perhaps he will grant a debate on the use of NHS chiropractors for the relief of pain.
My constituents Max and Janet are the parents of Adam, who was born last year with a rare neurological condition that will require full-time care. They are just two of many parents who will be full-time carers to a disabled child. As the Leader of the House will know, disability living allowance and carer’s allowance for children are there to assist with the extra costs of caring for a child, but not necessarily as a supplement for lost income. Can the Government make time for a debate on how we can better support parents who are full-time carers for disabled children and therefore unable to work full time?
Mark Spencer
Of course the Government want to do all we can to support parents such as Max and Janet. I will pass on my hon. Friend’s question to the appropriate Minister. Carers on low incomes can claim income-related benefits such as universal credit and pensions credit, and millions of the most vulnerable households, including carers, will receive at least £1,200 in one-off support later this year to help with the cost of living challenges they face. The household support fund is worth, I think, £1.5 billion; that is a huge investment to try to help people such as Max and Janet.
Tonia Antoniazzi (Gower) (Lab)
On 26 September 2018, in a letter to Hannah Deacon, the mum of Alfie Dingley—one of only three children in the United Kingdom with an NHS prescription for medicinal cannabis for severe epilepsy—the then Home Secretary said he was determined to do all he could to help in this area. Yesterday, the Medicines and Healthcare products Regulatory Agency informed parents of children who do not have an NHS prescription that it will no longer continue to allow compassionate imports from Israel of Celixir 20. Will the Leader of the House call on the then Home Secretary, now Secretary of State for Health and Social Care, to come to this House and make a statement on the urgent import of medicinal cannabis for these desperate children?
Mark Spencer
The hon. Lady will have an opportunity directly to question the Secretary of State for Health on 19 July at health questions. I know she is tenacious in her pursuit of the challenge those families face, but I am sure the Secretary of State will have heard her comments and that she will be in her place on 19 July to challenge him directly.
Lucy Allan (Telford) (Con)
My constituent was asleep in his bed with his pregnant wife and a small child when a drunken neighbour started kicking in his door. He went to answer the door and was attacked. He needed 10 stitches to his face and mouth. The custody sergeant in this case decided that a caution was the appropriate sanction. We believe the punishment must fit the crime. May we have a debate on the issue of cautions where there is assault occasioning actual bodily harm?
Mark Spencer
My hon. Friend raises a very concerning case and I will pass on her question directly to the Home Secretary. The Government have made clear our determination to cut crime and make our streets safer; that is why this financial year we will invest £130 million in tackling serious violent crime, including £64 million for violence reduction units and our commitment to recruiting 20,000 more police officers before the next general election.
Cat Smith (Lancaster and Fleetwood) (Lab)
With the cost of living crisis hitting, I have been contacted by many constituents who live on houseboats, in flats or in park homes who are not eligible for the £400 discount on energy bills. Can we have a debate in Government time on ways in which we can support people who do not pay their energy bills direct?
Mark Spencer
The Government are very much aware of this issue, which was raised a number of times at Treasury questions this week. That is why the Treasury is looking at the way in which these things are calculated. It is also why we are investing £39 billion to support people with the cost of living challenge that we face. We recognise that challenge and that is why we are helping and supporting people through it.
Alun Cairns (Vale of Glamorgan) (Con)
Howard Provis from Barry recently completed his 1,000th donation of blood and blood platelets. He is an example to us all. His first donation was made at the age of 18 and he has continued to donate for almost 50 years. Can we have a debate on the importance of giving blood? That would be an opportunity to recognise people such as Howard Provis for their commitment to the NHS and to NHS patients and as a great example of how people can give back in support of their community.
Mark Spencer
Wow! Howard has clearly been a huge servant to the NHS, and thousands and thousands of people will have benefited from his donations. I join my right hon. Friend in paying tribute to him. Giving blood saves lives and donations are vital to our NHS. It would be a suitable topic for a Westminster Hall debate, and I encourage him to seek such a debate so that he can once again pay tribute to Howard.
Florence Eshalomi (Vauxhall) (Lab/Co-op)
Earlier this month, I met Magic Breakfast, a fantastic charity that supports young people with a nutritious, healthy breakfast. It supports five schools across my constituency. But the cost of living crisis is hitting families so hard, with 33% of London parents saying that they have skipped a meal to save money so that their children can eat, and this is only going to get worse as we see the cost of living increasing into the autumn and winter. Children will be going to school hungry. Will the Leader of the House find time to have an urgent debate on how we can all work together to make sure that no child is going to school hungry?
Mark Spencer
I pay tribute to the work that Magic Breakfast is doing, but the Government do understand this challenge. That is why we are bringing forward £37 billion in support this year alone. We are providing new one-off cost of living payments of £650 to more than 8 million low-income households, separate one-off payments of £300 to 8 million pensioner households, and £150 to individuals receiving disability benefits. That is a huge amount of cash that is going to go to those people who are the most vulnerable in society, and it is a recognition of the challenge we face and the level of support we want to offer them.
Nick Fletcher (Don Valley) (Con)
Does the Leader of the House agree that after years of neglect our mining towns need more than words to really level up? With that in mind, will he ask the Department for Levelling Up, Housing and Communities to look favourably at Don Valley’s bid in round 2 of the levelling-up funding when submitted, as evidently my constituency has been forgotten for far too long?
Mark Spencer
I declare my interest as someone who represents former mining communities that have also put in levelling-up bids to try to improve the outcomes in those communities. I wish my hon. Friend well with his bid. I know that Members across the House are putting bids forward. This is a huge investment that we are about to make in those communities, and I wish him well with his pursuit of it.
Dame Diana Johnson (Kingston upon Hull North) (Lab)
The Government and the rail industry are failing Hull and the Humber—and this has nothing to do with strikes. The Government left Hull and the Humber out of the 30-year integrated rail plan. TransPennine is cancelling services every day because it cannot provide drivers for the trains, and Network Rail seems to have a problem with signalling on a number of occasions each week. Can we have a debate on why this Government are not levelling up transport for Hull and the Humber?
Mark Spencer
Obviously we had Transport questions this morning. I think the right hon. Lady is a little disingenuous in what she says. The Government are investing billions of pounds in rail, with £35 billion of rail investment from 2022 to 2025, £96 billion through the integrated rail plan and £16 billion during the pandemic to keep the railways running, as well as over £24 billion of strategic road investment. We are investing in our infrastructure systems, and especially in rail. We are investing in our infrastructure systems, and especially in rail. That is because of our commitment to those rail industries. She said this has nothing to do with strikes, but I would gently to say to her that those strikes are having a huge impact on people’s ability to get around the country, and I hope she would encourage her union friends to get back to the table and to talk to Network Rail.
Dean Russell (Watford) (Con)
This week I handed in a petition to Parliament to raise awareness of the campaign to save PRYZM nightclub in Watford. Not only is PRYZM the only town-based nightclub in Hertfordshire, but it has played a role in Watford’s night-time economy for more than 40 years under various names, including Paradise Lost, Baileys and Oceana, bringing thousands of people to the high street every weekend. Will my right hon. Friend confirm how I could hold a debate on protecting PRYZM and other similar venues across the country, which play such an important role in our night-time economy and in communities, where their loss could have a devastating impact on local businesses and the taxi trade?
Mark Spencer
I recognise the huge contribution to the night-time economy that nightclubs and bars make in our towns up and down the country. My nightclubbing days are probably now behind me, but I encourage my hon. Friend to talk to my right hon. Friends the Members for West Suffolk (Matt Hancock) and for Surrey Heath (Michael Gove), who may be able to assist him.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
I remind the Leader of the House of my call for a debate last week on road air pollution, which is killing so many children and adults up and down the country in every constituency. May I inform him that I am wearing a sophisticated air quality monitor? I will keep Mr Speaker and the Leader of the House in touch about what it is picking up—it is looking pretty worrying at the moment. Could we have an early debate on what is happening in universities to the humanities and the arts? Many departments are being closed. The Government seem to be pushing universities not to have a full spread of higher education subjects. Surely we do not want to go back to renaming half the universities in the country as polytechnics. Could we have an early debate?
Mark Spencer
I recognise what the hon. Gentleman said about air quality. We are spending £900 million to tackle air pollution and improve public health, and our clean air strategy has been praised by the World Health Organisation. He also mentioned the arts and what universities are doing to promote them. That is clearly a huge industry in the UK, and a big part of the global market is owned and occupied by UK-based artists, and that will continue, and the Government will continue to support them.
Felicity Buchan (Kensington) (Con)
Can we please have a debate on London? The Mayor of London has three principal priorities. One is policing, one is transport, and one is housing. The Met is in special measures, the tube is on strike, buses are being cut, and housing starts are way behind target. Frankly, he is failing my constituents, and they deserve better. Can we have a debate on London?
Mark Spencer
My hon. Friend is once again right to draw the House’s attention to how the Mayor of London is letting Londoners down. In her, he has a tenacious opponent, and someone who will continue to fight for her constituents. I know she will not allow the Mayor to continue unchallenged in not delivering for her constituents, and I am sure that the House would be delighted to support her in a debate of such a nature.
Chris Bryant (Rhondda) (Lab)
It is more than 100 months since Putin started his invasion of Ukraine, and he must fail. I am truly worried that we are not taking this anywhere near seriously enough, even after what the Government and NATO have done in the past few days. We still have not tackled the illegal dodgy Russian money in the UK. We have not got pretty much any hardware left to send to Ukraine, and we need to ramp that up rapidly. It looks like the defence budget will be seeing a real-terms cut over the next three years. Can we have the debate that the Chair of the Defence Committee, the right hon. Member for Bournemouth East (Mr Ellwood) called for earlier, and a vote, because we really need—all of us—to take this issue far more urgently and seriously?
Mark Spencer
I recognise that this topic has the benefit of cross-party support. I know that the whole House wants to see Putin’s invasion of Ukraine fail. We are serious about dealing with the challenge of those who support that regime. That is why we passed the sanctions Act and introduced the first economic crime Act. There will be a further Bill in this Session to continue to clamp down on this issue. The hon. Gentleman will have seen that yesterday the Prime Minister announced another £1 billion-worth of support for Ukraine. That makes us its second biggest supporter behind the US of any country in the world. The Government will continue to lead on this matter.
David Linden (Glasgow East) (SNP)
May we have a debate or a statement from the Government on round 2 of the levelling-up fund? My local authority, Glasgow City Council, is putting in an ambitious bid for the regeneration of Easterhouse town centre. Such a statement or debate would allow me the opportunity to lobby the Secretary of State for Levelling Up, Housing and Communities to give that money to Easterhouse to ensure that we can make huge progress on the development, along with the Scottish Government.
Mark Spencer
The hon. Gentleman will be aware that the second round of bidding is under way. People are putting forward their bids. I wish him well, as I do Members across the House. The Government are committed to making that investment across our communities, and I know that there will be much excitement when the results are announced.
Alexander Stafford (Rother Valley) (Con)
The Thornberry animal sanctuary in North Anston in Rother Valley suffered a power cut early in the morning on 19 June. It was left totally without power for more than six hours, ruining valuable medical supplies, vaccines and dog food. Not only that, but the loss of refrigeration in the café meant that it had to cancel all the bookings for father’s day lunches. The electricity distributor, Northern Powergrid, has refused to offer it compensation for loss of earnings or supplies, forcing the Thornberry animal sanctuary to plead for extra donations from the good people of Rother Valley to survive. Will my right hon. Friend allow a debate on helping charities and businesses in the event of unforeseen electricity failures, and ensuring that no charity is left behind?
Mark Spencer
I am sorry to hear of the plight of that animal sanctuary. Ofgem sets the service levels that distribution network operators must meet. I understand that, due to the length of the power outage experienced by Thornberry animal sanctuary, the criteria for compensation were not met. I pay tribute to my hon. Friend who, in asking the question today, has shone a spotlight on the animal sanctuary’s plight. I only hope that it results in charitable support for the animal sanctuary, and that the sanctuary recognises his work to support it as a small contribution to that.
Judith Cummins (Bradford South) (Lab)
My constituent Debra and her daughter Poppy recently attended my surgery to ask for my help in raising awareness of brittle asthma, a rare but severe condition that can easily be triggered by smoke from barbeques or bonfires, and that can quickly lead to weeks in hospital or even prove fatal. Will the Leader of the House join me in praising the campaigning work of Debra and Poppy? May we have a debate in Government time on the importance of clean air and raising awareness of the dangers of second-hand smoke?
Mark Spencer
Of course I join the hon. Lady in praising Debra and Poppy for their work to highlight this condition. In communities, it can almost be antisocial to have bonfires, given the impact on friends and neighbours. In pursuing this matter, the hon. Lady will draw that antisocial behaviour to the attention of many people across the House.
Patricia Gibson (North Ayrshire and Arran) (SNP)
The National Institute of Economic and Social Research, which is, incidentally, the oldest non-partisan economic research institute in the UK, recommended that the UK Government insure against rate rises in quantitative easing reserves by converting them into Government bonds with longer maturity. The Government did not take that advice, with the result that the UK has an enormous bill, as well as heavy and continuing exposure to interest rate risk. That has led to the squandering of £11 billion of taxpayers’ money—that is £2,000 for every man, woman and child in Scotland. Will the Leader of the House make a statement explaining the staggering level of UK Government incompetence and say who he believes should be held responsible?
Mark Spencer
The hon. Lady will be aware that Treasury questions happened this week. I am not sure whether she was in her place to ask the Chancellor about that directly. The Chancellor of the Exchequer is making sure that our economy is robust and fit for the future, so that we can continue to invest in our great public services. That is the way forward. We must continue to get more people into work to make sure that the economy is bouncing forward, so that we have the cash available to keep investing.
Jonathan Gullis (Stoke-on-Trent North) (Con)
I was delighted to be at the opening of the Harper Street project in the great village of Middleport, next door to the mothertown of Burslem, where we recently hosted the UK Cabinet. The project has regenerated a row of terraced houses: some are now businesses, one will host the Middleport Matters community trust, and another is a 1950s lodgekeeper’s house that transports people back in time to life in the Potteries at their peak. Will my right hon. Friend congratulate Stoke-on-Trent City Council, Historic England, the National Lottery Heritage Fund and all the other organisations that made the £2.5 million regeneration project possible? Let us have a debate on how Stoke-on-Trent is the leading city in the country for heritage regeneration.
Mark Spencer
I am delighted to join my hon. Friend in paying tribute to all the organisations that are supporting Stoke-on-Trent. I also pay tribute to him, because he is a true champion for Stoke-on-Trent and has brought renewed enthusiasm and vigour to that town, along with his colleagues. Stoke-on-Trent has a bright future with him as its champion.
Gareth Thomas (Harrow West) (Lab/Co-op)
Gujarat is one of India’s greatest and fastest growing states. As part of our country’s efforts to increase trade with India, one would have thought that there would be at least a small package of support for those in this country who want to teach the next generation the languages of Gujarat, in particular Gujarati, but there is not. As a result, there has been a steep decline in the number of people taking GCSE Gujarati in the last 10 years. Can the Leader of the House encourage the Secretary of State for Education to publish a statement setting out what he might do to reverse that trend?
Mark Spencer
The hon. Gentleman will have the opportunity to raise that important matter directly at Education questions next week. As he identifies, India is a great opportunity for UK trade, which is to the mutual benefit of India and the United Kingdom. We should invest in anything that we can do to support and encourage that trade, including the speaking of languages.
Gavin Newlands (Paisley and Renfrewshire North) (SNP)
There are undoubtedly many good people in the Home Office working hard on the Ukraine visa schemes, but we have all seen the evidence that it is just too slow. We have two cases that are now approaching 10 weeks old. The applicants are generally women and young people who are fleeing a war zone in desperately stressful circumstances. Can we have a debate about how we can get more resource into the Home Office to help out those who work there?
Mark Spencer
I pay tribute to the hon. Gentleman for raising this important matter. As of 23 June, we had granted more than 135,000 visas through the two uncapped humanitarian routes, and more than 82,000 people have already arrived. That is a huge contribution from the United Kingdom and from people up and down the country who are taking people into their homes. We should be enormously proud of that and I am sure that we will continue to support people coming from Ukraine.
Chris Elmore (Ogmore) (Lab)
May I press the Leader of the House on the issue of people waiting for passports, specifically children and young people? I have young people who have been waiting for passports since April. In some cases, the parents have received the renewed passports and the children have not. I am sure he understands that that is causing significant anxiety for parents who want to take their children away in the summer holidays, which are fast approaching. Some parents are utterly perplexed by how changing a name, or going from a five-year passport to a 10-year passport, can cause such a delay. I ask him to bring forward a statement from the Home Office to explain what specific support it is providing to families to ensure that passports are issued in good time for the summer.
Mark Spencer
The whole House will recognise that we all deserve a holiday. Up and down the country, people are keen to take that opportunity and they need their passports to do that. The House has debated the matter a lot: we have had two urgent questions and an Opposition day debate. That is why the Home Office is investing in extra staff, and will continue to do so; some 650 additional staff have already been brought in and another 550 will arrive soon. If the hon. Gentleman writes to me with the specific case that he highlights, I will make sure that the Home Secretary looks at it.
Peter Grant (Glenrothes) (SNP)
It is now 462 days since the end of the consultation on the Government’s proposed reform of gambling legislation. Five hundred people have taken their own lives as a direct result of problem gambling since then, and today someone else will take that tragic way out. I have heard the reasons and excuses for the delay in publishing the White Paper, but, frankly, none of those excuses stands up to any scrutiny. Can the Leader of the House give us an assurance that the White Paper will be published at the very latest before the start of the summer recess? Can I urge him to advise his Cabinet colleagues, if the cause of the delay is that they cannot agree, to bring a Bill to this House and let Parliament do its job, rather than whipping their Back Benchers to do something they may not want to do? Every day’s delay costs another human life.
Mark Spencer
I thank the hon. Gentleman for his question, and we do want to make sure that we get the right balance between respecting freedom of choice and preventing harm. In the coming weeks we will publish the White Paper, which will set out our vision for the sector, but I am sure the relevant Ministers will have heard the hon. Gentleman’s comments.
Margaret Ferrier (Rutherglen and Hamilton West) (Ind)
I am becoming increasingly concerned about the lack of response from the Home Office on urgent non-Ukraine asylum and visa applications. In fact, my team have been told that standard completion times have been suspended. One of many cases I am dealing with is that of a young man whose asylum application has been pending for five years, with no resolution in sight. Can the Leader of the House please assist me with this, and urge his colleagues to ensure that their teams have the necessary resources to action long-standing casework urgently?
Mark Spencer
I thank the hon. Lady for her question, and this is of course something the Government take very seriously. We are a very generous nation when it comes to asylum seekers. We want to make sure that we continue to be a generous nation and support those who come here via legitimate routes, but we also want to break the model of those who exploit the very vulnerable people crossing the channel. I am sure we will continue that support and continue to be a very generous nation in the world.
Jim Shannon (Strangford) (DUP)
Next week, the United Kingdom of Great Britain and Northern Ireland hosts the 2022 freedom of religion or belief international ministerial conference. We all welcome that, and I am very pleased that the Government have taken that step. This is the largest UK Government-hosted event this year, and it will bring together Government officials, Ministers, faith and belief leaders and civil society organisations from over 60 countries to promote respect between different religious and non-religious communities around the world. During the conference, there will be more than 35 side events happening in Parliament. As the chair of the all-party parliamentary group on international freedom of religion or belief, can I please use this opportunity to invite the Leader of the House and all present today to as many of those events as they are able to attend?
Mark Spencer
I was concerned for a moment that the hon. Gentleman was not bobbing, because his question reminds me of that moment when I rummage around in the Quality Street tin and find the last little green triangle at the bottom. If he could pass on the details of those events, I will do my best to attend and support him in the way he supports religious groups all around the world on a regular basis.
Post Office: Compensation for Horizon Scandal
(2 years, 5 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Mr Speaker
Before the statement, I wish to make a short statement about the sub judice resolution. I have been advised that there are relevant active legal proceedings in the Court of Appeal. I am exercising the discretion given to the Chair in respect of matters sub judice to allow reference to those proceedings, as they may concern issues of national importance. However, I urge Members to exercise caution in what they say and to avoid referring in detail to cases that remain before the Court of Appeal.
The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Paul Scully)
With permission, I will make a statement on the latest steps that the Government are taking to ensure that swift and fair compensation is made available to postmasters impacted by the Horizon IT scandal.
The House is well aware of the terrible impact felt by the many postmasters affected by the issues with the Post Office’s Horizon IT system that began over 20 years ago. Those distressing consequences have been widely documented in the courts—in the 2019 group litigation order judgments and in the more recent Court of Appeal judgments—as well as in the media. I have met postmasters personally to hear how their lives and the lives of their families have been affected by these events, and every time I am moved by the impact that these events have had on individual postmasters’ lives and their fight for justice over a number of years. I pay tribute to colleagues on both sides of the House for the way they have supported postmasters in their efforts to expose the truth and see justice done.
Today, I will update the House on the latest steps that the Government are taking to ensure that fair compensation is paid to people impacted by the scandal. As Members will know, members of the GLO group performed a great public service by bringing the case in 2019 that exposed the scandal. That is why I was pleased when the Chancellor announced in March this year that further funding is being made available, to ensure that those people receive similar levels of compensation to that available to their non-GLO peers. The Government intend to make an interim payment of compensation to eligible members of the GLO who are not already covered by other compensation support, totalling £19.5 million. Together with the share of the December 2019 settlement, which we understand was distributed to the GLO postmasters, that brings the total level of compensation to around £30 million. Postmasters will be contacted in the coming weeks to submit an application, and we aim to distribute funds within a few weeks of receiving that application. I hope that will go some way towards helping many postmasters who have faced and still are facing hardships.
In parallel, we are continuing to work at pace on delivering the final compensation scheme for the GLO. I confirm that we will be appointing Freeths to access the data and methodology that it developed in relation to the distribution of the 2019 settlement. Freeths represented the GLO claimants, and it has vital knowledge and expertise based on its involvement in the case. That will allow us to work at pace on the design of a scheme with the Justice for Subpostmasters Alliance, and Freeths, to give those in the GLO similar compensation to their non-GLO peers. As promised in March, we will informally consult with members of the GLO about the proposed scheme’s operation. I am also pleased to announce that members of the GLO group will be able to claim reasonable legal fees as part of participating in the compensation scheme. I hope that will allay any concerns they might have about meeting the costs of seeking legal advice and support when applying to the scheme.
Turning to progress on compensation for overturned criminal convictions, I am pleased to report that interim payments are progressing well. As of 29 June, there have been 75 overturned convictions, with the most recent being overturned in recent weeks. The Post Office has received 74 applications for interim payments, including several new applications recently. Sixty-seven offers have been accepted by and paid out to claimants, totalling nearly £7 million. That marks significant progress, with 10 additional interim payments made to postmasters since I updated the Business, Energy and Industrial Strategy Committee on 11 January 2022. I am pleased that those interim payments have helped to deliver an early down payment on the compensation due to affected postmasters, in advance of full and final compensation packages being agreed.
For those postmasters with an overturned conviction who have already submitted quantified claims, we are working with the Post Office to agree, wherever possible, part payments of agreed elements of claims, such as loss of earnings, and we will continue to do so with additional claims when they are submitted. That step should enable us to avoid undue delays, by awarding partial compensation while outstanding matters are resolved.
One area where it has been challenging to agree compensation is non-pecuniary damages, some of which reflect the wider impact on postmasters’ lives that the wrongful convictions have had. That includes compensation for their loss of liberty, or impacts on their mental health. A number of postmasters have agreed to refer this issue to the process of early neutral evaluation, to be conducted by former Supreme Court judge Lord Dyson. It is hoped that that evaluation will facilitate the resolution of those issues. The Government stand ready to support the delivery of the early neutral evaluation process, and are keen to ensure that the outcomes of the process enable swift compensation.
I urge all postmasters with a Horizon-related conviction to continue to come forward to seek to have them overturned. Indeed, postmasters are being contacted individually by the Criminal Cases Review Commission, and other relevant bodies, to encourage them to do so.
In addition to progress on compensation for those with overturned criminal convictions, good progress has been made on delivering compensation for those in the historical shortfall scheme. As of 23 June, 65% of eligible claimants have now received an offer, meaning that £29 million has now been offered, and 444 further postmasters have been offered compensation since my last update to the House. I thank the independent panels for their diligent work in progressing those cases.
As I have said previously, I have set the Post Office the ambition to make 100% of HSS offers by the end of the calendar year, and the Government are working closely with the Post Office to achieve that. It is important, however, that in addition to providing compensation, we learn lessons so that something similar can never happen again. That is why the Government set up the Post Office Horizon IT inquiry and put it on a statutory footing, to ensure that it has all the powers it needs to investigate what happened, establish the facts, and make recommendations for the future. We are co-operating fully with the inquiry to ensure that the facts of what happened are established and lessons are learned, and I commend this statement to the House.
Chi Onwurah (Newcastle upon Tyne Central) (Lab)
I thank the Minister for advance sight of his statement and for keeping the House informed of progress. The Horizon scandal is perhaps the greatest miscarriage of justice in our country’s history. Its victims have waited for justice for far too long. I pay tribute to the Justice for Subpostmasters Alliance for its tireless work and acknowledge the work of colleagues on both sides of the House who have gone to considerable lengths to highlight the plight of their constituents. In particular, I pay tribute to my right hon. Friend the Member for North Durham (Mr Jones), whose commitment to the cause has been unwavering, and to Lord Arbuthnot in the other place.
I also pay tribute to the Minister—and I do not say that lightly. Successive Conservative Governments have sat on the scandal, but he has made real progress in moving us to a place where we can see that justice is in sight. I acknowledge that. I also welcome the update on the March announcement that, as Labour has repeatedly called for, the 505 litigants will receive the compensation payments that they are entitled to. However, I emphasise that, as I am sure the Minister will acknowledge, it is unacceptable that it has taken so long when the right course of action was always clear. There really was no need for victims to have spent so long in limbo.
At the core of this unforgivable scandal is the belief that workers were dishonest and technology was infallible. Perhaps that is not surprising, given the Government’s track record on defending the rights of working people. Decent, honest people have had their lives torn apart, been put in prison and been made to wait years for justice. For some, that wait has been too long. We must not forget those who are not with us and will not see the justice to which they were so entitled.
As I have previously done in the Chamber, I implore the Minister to act quickly and decisively to draw a line under this horrific miscarriage of justice. There can be no further delays in providing the compensation that will go at least some way in helping to right this wrong. As such, will he provide a timescale for when all compensation payments will have been made? Will he confirm that the compensation will not affect the Post Office’s core funding, day-to-day operations or viability in—I stress this—any way? Given the vital role that post offices perform in our communities—we all acknowledge that—it is essential that today’s communities are not made to pay for the unacceptable mistakes of the past. Labour has called for all those involved to be held accountable. Will he therefore update the House on what investigations are ongoing into the role of Fujitsu and others involved in the technology that led to the failure?
The Minister spoke about learning the lessons from this horrific scandal. The Government were, and remain, the only shareholder in the Post Office. They have a financial responsibility and a moral responsibility to ensure that nothing like this ever happens again.
Paul Scully
I thank the hon. Lady for her kind words, and I totally echo her thanks and congratulations to the right hon. Member for North Durham (Mr Jones) and Lord Arbuthnot. My hon. Friend the Member for Telford (Lucy Allan) and others sitting behind me have also worked tirelessly on this for so long, as has the hon. Member for Motherwell and Wishaw (Marion Fellows), who chairs the all-party parliamentary group on post offices.
It is not possible to listen to the stories and fail to be moved. There is always something else that comes out and brings a tear to the eye and, frankly, anger that this was ever allowed to happen. The Government have moved to do something about it, but we are all doing something, because this is about a human cost. We are humans first and politicians second.
The hon. Member for Newcastle upon Tyne Central (Chi Onwurah) talked about the timing. There is an application form for the 555 to fill in. It is comparatively simple and Freeths will work with each of them and walk them through the process, because the last thing we want to do is put hurdles in their way. We want to make sure that within a few weeks the money goes out of the door to them. They need the money now. In parallel with that, the compensation scheme has started. We want informal consultation with the 555, to make sure that they are happy with the scheme and have faith and confidence that the funding will be delivered. As I have said, we want the historical shortfall scheme to be wrapped up and to at least make offers to each person by the end of the year.
I think we will be able to start moving quickly on overturning criminal convictions as soon as Lord Dyson has responded through his early neutral evaluation, but that also depends on the flow of cases via the solicitors. I have been working closely with Hudgells and other solicitors who represent the groups, to make sure that it is as speedy as possible.
I can confirm that this will not affect the Post Office’s core funding. We want to make sure that the Post Office has a future, but we cannot have that future until we have rectified the mistakes of the past.
The hon. Lady also talked about Fujitsu, learning the lessons and holding people to account. The next stage of the statutory inquiry starts next week, when the Government, the Post Office, Fujitsu and others will go in front of Wyn Williams. That will start the process of making sure that we know exactly who knew what, who did what and when.
Lucy Allan (Telford) (Con)
I thank the Minister for all his good work. Obviously, today is a great day because he has been able to make this statement to the House.
I remain deeply concerned about the role of Fujitsu, UK Government Investments and all those who sent Ministers to this House, even after the Justice Fraser judgment, to say, “Nothing to see here.” That was wrong. I know that Sir Wyn Williams is investigating, as the Minister has rightly said, but will my hon. Friend personally commit to ensuring that those individuals are held to account?
Paul Scully
I thank my hon. Friend for all the work that she has done. Having set up the statutory inquiry, what I cannot do at this Dispatch Box, at this moment in time, is direct Sir Wyn towards any particular area of findings. That is for him to do and I want him to remain an independent chair. But we absolutely want to make sure that lessons are learned and that people are genuinely held accountable.
Marion Fellows (Motherwell and Wishaw) (SNP)
Thank you, Mr Speaker. I thank the Minister both for his statement and for prior sight of it. I also thank all members of the APPG, both former and current, because they have been the power behind this. I merely chair it. I came along quite a way into all of this, and I am grateful for the help I have had.
The Minister has been diligent in his work leading to today’s announcement on interim compensation. Though that is very welcome, it has taken a long time to get here. I thank him for the thought that has gone into the administration of the scheme, and welcome the proactive action to be taken in contacting those GLO members who are yet to receive compensation.
Will the Minister—I know this is a big ask—reopen the historical shortfall scheme without a cut-off date, as the NFSP called for? Lots of sub-postmasters have still not applied for the compensation to which they are entitled. Post Office failures go a long way back under Conservative, Labour and Lib Dem Ministers, and sub-postmasters still struggle to make a decent living. Will the Minister confirm that the Government will continue to support post offices and sub-postmasters so that they thrive and do not suffer for grievous past mistakes that are now rightly being dealt with?
Paul Scully
I thank the hon. Lady for all her work and for her remarks. It is not practical to reopen the historical shortfall scheme in full, but cases are still coming forward and the Post Office is looking at them on an individual basis, because we want to make sure that we catch as many people as possible who have been wronged.
As for remuneration for postmasters, I talked about the fact that we have to give post offices a future. That has to be done on the back of the people—the postmasters up and down the country—who make the Post Office what it is. Remuneration remains a key topic of discussion with the Post Office, the NFSP and postmasters in general.
Mr David Davis (Haltemprice and Howden) (Con)
I have watched many Ministers do a good job at the Dispatch Box, but it takes a very special Minister to take an issue such as this to heart and really make it move, as this Minister has. The compensation that he talks about is long overdue, particularly for litigants—he knows that I represent one of them—and it will go a good way to correcting some of the historical injustices in this sorry case. I congratulate him on that and I know that this is not the end of the tale.
There is another way in which this cannot be the end. We have heard about learning lessons and all that, but this is about more than learning lessons; there is a massive question of justice. People have covered up—let us make no bones about it—a massive injustice to their advantage and for their own profit, pay and honours. I know that the Minister cannot say certain things and that sub judice issues apply to him, but I hope that he will keep a very close eye on this issue and make sure that the people who need to be punished are punished and that justice is done.
Paul Scully
I thank my right hon. Friend for all his work and the conversations that we have had. I should not have to be here making these statements and the taxpayer should not be covering compensation for the Post Office. This is being done because people have been wronged by those in authority and they have been let down time and again over 20 years. That is why we need compensation, justice and answers and to be able to draw a line under this, so that people who have been wronged can move on with their lives.
Clive Efford (Eltham) (Lab)
The Minister knows that I have two such cases. One person is in front of the independent panel giving advice on the historical shortfall scheme. The other person has a conviction that was overturned by the Criminal Cases Review Commission. However, the Post Office does not accept that that was a Horizon-related conviction and is therefore refusing to provide any form of compensation. Given the comprehensive nature of the failure of Horizon, how can the Post Office say that with any confidence? Will the Minister confirm that we will consider compensation for former postmasters who are in my constituent’s position?
Paul Scully
The hon. Gentleman and I have discussed this matter and I think the interim payments are his constituent’s concern. If Horizon is deemed not to have been the main driver of what happened—the Post Office contested that—his constituent would not be entitled to the interim payments, but that does not stop them applying for compensation.
Mr David Jones (Clwyd West) (Con)
Like my right hon. Friend the Member for Haltemprice and Howden (Mr Davis), I commend the Minister for his personal dedication to this cause. It is outstanding and I am sure that a lot of postmasters around the country appreciate it. The cost of the settlement that he has announced will fall on the public purse. In due course, it should be possible to seek indemnity in whole or in part from the companies—I suggest Fujitsu, most notably—that are responsible in whole or in part for this issue. What steps is he taking to ensure that they are made aware that, in due course, such indemnity will be sought?
Paul Scully
I think that all parties who will be in front of the inquiry will know exactly that. I do not want to pre-empt anything that we may do, but as my right hon. Friend says, the taxpayer clearly should not have to foot the bill. However, we want to make sure that we get all the answers before we take further steps.
Mr Kevan Jones (North Durham) (Lab)
I thank the Minister for his statement. I put my thanks to him on the record, because of the numerous Ministers I have dealt with on the issue in the past 10 years or more, he is the only one who has challenged the system and compassionately realised that this wrong needs to be righted. He should be congratulated and take full credit.
The interim payments will make a difference because a lot of these individuals, such as my constituent Tom Brown, have been living in abject poverty for the past few years through no fault of their own. Proud individuals who served their community were ruined by the state. Like the hon. Member for Telford (Lucy Allan) and the right hon. Member for Haltemprice and Howden (Mr Davis), I would like to know what the next process will be.
I accept that the compensation scheme will be put in place, and I am pleased that Freeths is involved, but what about holding people to account? My layman’s view is that criminal activity was involved in some of the decisions that were made. When will the individuals involved face a day of reckoning? I accept that the Minister cannot speak about what will come out of the public inquiry, but it is very important that the Government have a strategy to ensure not only that those individuals are identified, but that there is a process for dealing with them in the criminal courts.
Paul Scully
I thank the right hon. Gentleman for all his work and for his kind words, which mean a lot from someone who has done so much in this area. I do not want to pre-empt the inquiry, but I know from looking back at the records that the Director of Public Prosecutions was interested in the findings of the Fraser judgment. That is the process for further criminal action, should it be deemed appropriate.
Duncan Baker (North Norfolk) (Con)
I echo everything that has been said to the Minister; I will not go over it all again, but he really deserves the credit that has been given. As a former postmaster—I think I am the only one in the House—I absolutely believe that those responsible, including Fujitsu and senior people in the Post Office, must be held to account.
I also want to say something different to the Minister: will he please, please look at the remuneration structure for postmasters? We are losing post offices up and down our high streets and in our communities, because it is sometimes unviable to run a post office as a stand-alone unit. When communities lose post offices, we struggle to get them back. Once this horrendous scandal is dealt with, will the Minister please look at remunerating postmasters properly so that we can get these great institutions back on our high streets? My goodness, we need them.
Paul Scully
I thank my hon. Friend, whose comments come from experience. We are not waiting until this is over. The Post Office has conversations all the time with sub-postmasters and their representatives about remuneration. It relates partly to the future of post offices. Some postmasters rely on extra services to bring in footfall so that they can then sell other products in their retail outlets; some find that too binding, including in some smaller units in Scotland—the hon. Member for Motherwell and Wishaw (Marion Fellows) is nodding— because they are full of parcels, which is preventing them from doing other trading. That is why we need to work together to make sure we have a viable approach for post offices, not just for economic value but for social value.
Chris Elmore (Ogmore) (Lab)
I pay tribute to the Minister for righting this wrong and for working to get more justice for postmasters. He is aware that I have a constituent who has faced hardship for many years, having been a sub-postmaster for about 10 years. May I press him slightly on his statement, in relation to the 33 postmasters who are no longer with us, four of whom took their own lives during the wait for justice? Will he ensure that their families, including husbands, wives and children, get support to receive compensation? There can never be enough compensation for those families, but that would go some way towards righting this wrong and ensuring that they get the justice that they deserve.
Paul Scully
I thank the hon. Gentleman for his comments. I ask him please to pass my condolences to the family of the postmaster to whom I know he is referring, and to others with whom he has been in contact who have a family member who has taken their life as a result of this. The compensation schemes all include the estates of the postmasters who have died, whether they died of natural causes or unfortunately took their own lives.
Sir Robert Buckland (South Swindon) (Con)
I want to add my tribute to my hon. Friend, who is working tenaciously on behalf of—as he has just said—not just the living, but those who have sadly died. I think he will agree that we can have the fullest confidence in the experience of the High Court judge Sir Wyn Williams and his independent statutory inquiry, but does he agree that the inquiry should examine in particular the way in which, before evidence that is the product of information technology—which is only going to grow as a phenomenon in the years ahead—is presented to any court, it is the subject of its own verification? That seems to me to be at the heart of the problem that was the root of what has been, in terms of its scale, the greatest miscarriage of justice in our English and Welsh legal history.
Paul Scully
I thank my right hon. and learned Friend for what he has said and for the experience that he brings to the House. Sir Wyn Williams has had to learn very quickly and import considerable resources because of the technology that has been involved. It is easy to baffle people with high tech, and to say that there is nothing to see here and absolutely nothing is wrong. It is extremely complex, and I hope that Sir Wyn does get to the bottom of exactly the issue that my right hon. and learned Friend has raised.
Mr Alistair Carmichael (Orkney and Shetland) (LD)
May I add my voice to those who have said that the Minister deserves full credit for getting us to this point?
The inquiry is of course about ensuring that those who have done wrong in the past are accountable. However, we already know that at the heart of this problem was the culture at the top and the centre of the Post Office, which essentially did not trust the people at the coalface. If we are to ensure that this never happens again, we have to know that that culture has changed. Quite apart from the inquiry into the past, is the Minister satisfied that those who are currently at the top and the centre of the Post Office have genuinely received that message about a change in the culture?
Paul Scully
Yes, I definitely am. We have already talked about remuneration, but Nick Read brings with him a different type of culture—a different approach—because he does not see post offices as merely branches of a central location. He was used to dealing, in his previous occupation, with supermarkets which were part of a bigger organisation, and I believe that the culture is shifting under his leadership.
Bob Blackman (Harrow East) (Con)
I, too, congratulate my hon. Friend—not just on the work that he has done in respect of this matter, but on keeping the House updated, and listening to what Back Benchers have had to say and then dealing with it. He has, for example, announced the interim payments that were requested by Members during the last statement.
Sub-postmasters are essentially running small businesses, for the benefit of the community and to provide services. The accounting systems prior to Horizon were chaotic, to put it mildly. May I urge my hon. Friend to ensure that evidence is presented relating not just to what happened during the scandal of people being charged with offences which they clearly had not committed, but to what happened previously and led to this chaos in the first place?
Paul Scully
I thank my hon. Friend for his kind words. Sir Wyn will be looking at the Horizon scandal in the round to see how it progressed over those 20 years, and at the history that is documented in Nick Wallace’s book “The Great Post Office Scandal”, which is a very comprehensive read. As for the interim payments, they will clearly never be enough for people to settle their debts, but they are a first step. This is not the end of the process, but it is a really important step.
Gareth Thomas (Harrow West) (Lab/Co-op)
Further to the question from the chair of the all-party parliamentary group on post offices, the hon. Member for Motherwell and Wishaw (Marion Fellows), about the scope for flexibility on the closing date for the historical shortfall scheme, I have constituents who ran a sub-post office in a nearby borough but had it shut down and the franchise taken away by the Post Office. At first glance, it looks as though Horizon issues were very much involved. They submitted an application to the historical shortfall scheme, but for a series of reasons it seems that their application was not received by the Post Office. If the Post Office is unwilling to consider their case, would the Minister be willing to meet me to see if together we might persuade it to rethink?
Paul Scully
I will gladly meet the hon. Gentleman to look at that case. It is difficult for me to make a judgment here, but I have talked about the fact that the Post Office is looking at things on an individual basis and I will gladly meet him to talk about his constituents’ case.
Aaron Bell (Newcastle-under-Lyme) (Con)
Can I add my name to the chorus of praise for the Minister? I also thank the shadow Minister, the hon. Member for Newcastle upon Tyne Central (Chi Onwurah), for her generous words to him. The reality is that it has taken far too long to get to this point, and not just in miscarriages of justice like this. We have also seen scandals in the NHS where people have to wait too long for Governments finally to admit fault and then to compensate people. That is often because they have been badly advised along the way. Given what we have heard from so many people around the Chamber today about the people involved in these cases being old, retired and often still in poverty—and, as the hon. Member for Ogmore (Chris Elmore) said, some of them have died—can I impress on the Minister the urgency of his continuing his good work so that we can get this fully resolved as speedily as possible and everyone can get the justice and compensation they deserve?
Paul Scully
I thank my hon. Friend for his kind words. Receiving this praise is great for me, but this is not about me. As he rightly says—please do carry on, by the way—it is about the people who have suffered terribly at the hands of people in authority. Some of them have taken their own lives and many of them have been stigmatised and left in debt and abject poverty, so we have to keep the pace going, not just to get that compensation for them but to get those lessons learned and hold people to account.
Peter Grant (Glenrothes) (SNP)
Among the other catastrophic and inexcusable failures, this House failed. This House was made to fail in its duty to get to the bottom of this quicker, because somewhere in the machinery of government there was a deliberate and sustained conspiracy to send Minister after Minister unwittingly to the Dispatch Box to say things that we now know are not true. This House has to look at that very seriously indeed. It cannot be acceptable in any circumstances for this House to be prevented from doing its job by conspirators, whether in Government or in outside agencies, and I hope the appropriate authorities of the House will look into that urgently.
Can the Minister tell me what further action he proposes to take in forthcoming legislation to widen the circumstances in which directors of companies can be held personally liable as well as corporately liable for serious misconduct in office? In particular, one of the things my constituents find frustrating is that directors of these companies, who at the very least should have known what was going on and did nothing to stop it, were able to walk away and become directors of other companies. They have had 20 years of a good lifestyle that was denied to the victims and, if they are called to account, they will get a fair trial, which was denied to the victims. Will the Minister look for ways to speed up the process of preventing directors from taking up other highly paid directorships if there are serious questions to be answered about their conduct in office?
Paul Scully
I am not sure if it is the House authorities, but it is certainly the case that Wyn Williams’s inquiry will see exactly where the failings were—including, if there are any, failings by Ministers or others who have stood here—without fear or favour. In terms of directors, we have already brought in a number of measures since I have been a Minister, including the disqualified directors legislation, which allows the Insolvency Service to bring companies back on the books and then to take action against their directors, but we will always look to make sure we have the most robust system to tackle rogue directors.
Margaret Ferrier (Rutherglen and Hamilton West) (Ind)
I would like to thank the Minister for his determination to get this issue sorted for sub-postmasters where other Ministers have failed. With post offices getting harder and harder to come by in recent years, how do the Government intend to restore confidence so that potential sub-postmasters are not put off opening these businesses that are so essential to our communities?
Paul Scully
We want to ensure that, by drawing a line under this historic miscarriage of justice and scandal, we can work on the future of the Post Office. To do that, we need to make sure we are engaging everybody—rural, coastal and city-wide post offices—on how we get the right balance between the Post Office’s economic value and its social value. I will continue to work with the APPG and with Members on both sides of the House to get this right.
Jim Shannon (Strangford) (DUP)
I thank the Minister for grasping the core of the issue and getting the job done. The Chamber is unanimous in thanking him, and I add my thanks, too. I welcome that those who initially missed out on the scheme now have the opportunity to apply. It is good to see fairness and equity set as the standard for those who have passed away. Will their sponsors or next of kin be eligible to apply?
Paul Scully
I thank the hon. Gentleman for his kind words. The solicitors will work with the estates of postmasters who were subject to overturned convictions or historical shortfalls, or indeed the original 555. It is important that we get the equity he seeks.
Proxy Voting and Presence of Babies in the Chamber and Westminster Hall
Madam Deputy Speaker (Dame Eleanor Laing)
Karen Bradley, representing the Procedure Committee, will speak for up to 10 minutes, during which no interventions may be taken. At the conclusion of her statement, I will call Members to put questions on the subject of the statement and call Karen Bradley to respond to these in turn. I remind the House that questions should be directed to Karen Bradley, as the Chairman of the Committee, and not to the relevant Minister. Interventions should be questions and should be brief. Front Benchers may take part in questioning.
Karen Bradley (Staffordshire Moorlands) (Con)
This morning, the Procedure Committee published its first report of the new Session, concluding two inquiries: the first on extending eligibility for proxy voting to those with long-term medical conditions; and the second on the presence of babies in the Chamber and Westminster Hall. I am grateful to the Backbench Business Committee for this opportunity to make a short statement to the House.
Our predecessor Committee did not consider the case for non-parental proxies in detail. When it came to our review at the beginning of this Parliament, we said we would consider the matter when pandemic proxies ended, if there was interest to justify a closer look. Pandemic proxies ended in July 2021 and we launched this inquiry on 23 September, to consider whether eligibility for proxy voting should be broadened.
To cut to the chase, I will quote directly from our report:
“the overwhelming balance of evidence that we heard was in favour of proxy voting being extended to include Members suffering from serious long-term illness or injury.”
The House will be aware that there have been several cases in the recent past of Members feeling compelled or being required to vote in person while seriously unwell, which risks bringing the House into disrepute. These events have led to increasing calls for proxy votes to be offered to Members suffering serious long-term illness, which would allow them to recover in their own home while still being able to exercise their vote.
However, discussions on a possible extension to the proxy voting system provoked concerns, principally on a Member’s right to privacy. I make it clear that Members who do not wish to use the proxy voting system can use pairing or, if appropriate, nodding through. We do not propose any changes to the mechanisms that are not procedural. Were the House to vote to extend the proxy voting scheme, it is essential that Members who favour a more private mechanism are able to access one.
It is also important to note that access to a proxy vote is not appropriate for every occurrence of ill health or injury. For this reason, we believe that any extension to the proxy voting scheme should not include provisions for short-term, non-serious medical conditions. In the case of non-serious illness that causes a short-term absence, Members should use existing informal mechanisms.
If the House were to endorse the principle of extending the scheme, it would be for the Government to bring forward changes to the Standing Orders. We believe that any extension should, in the first instance, take place as a pilot, the success of which the Committee would review.
The broad terms of a scheme issued under Mr Speaker’s authority should, in our view, include the following aspects. It should be available to Members who, as a result of serious long-term personal illness or injury, wish to vote by proxy. It should require medical evidence from a medical professional stating that the Member is physically unable to attend Divisions in the House. It should be recorded in the same way as a parental proxy, through a Speaker’s certificate recorded in Votes and Proceedings, stating that the Member has exercised their right under the Standing Order and giving the date and name of the nominated proxy, but not details of the medical condition. It should allow proxy voting cover for a finite time while giving Members the ability to renew if necessary. And it should decouple the issue of taking part in proceedings from the proxy vote. We understood and recognised the need for staying-in-touch days, and that some Members would wish to participate in proceedings while not being physically able to stay for the vote.
Now the Committee has published its conclusions and recommendations, it is for the House to decide whether the proxy voting system should be extended. We recommended that the Government schedule a debate before the summer recess to allow the House to debate and express a view on this issue, with a view to introducing a pilot in the autumn.
The question of whether Members should be able to bring babies into the Chamber and Westminster Hall was referred to the Committee by Mr Speaker in November 2021. The guidance to Members on this issue says:
“You may take babies or toddlers with you into the division lobby, and—if necessary to get to the division lobby—take them through the Chamber… You should not take your seat in the Chamber when accompanied by your child, nor stand at either end of the Chamber, between divisions.”
This guidance restates long-standing practice recognising that the Chamber, Westminster Hall and Standing Committees are not suitable environments for very young children.
Since 2018 there have been several occasions on which Members have, with the discretion of the Chair, with prior notice and without disruption to proceedings, brought babies into the Chamber and Westminster Hall, so that the Members can either attend or participate. This has contributed to some confusion and a gap between the House’s practice and the guidance intended to shape it. We found a general lack of awareness of the guidance among Members.
In general, we detected support for greater flexibility for new parents. We heard evidence expressing concern that the usual resources afforded to Members are not extended to nominated members of staff covering Members who are exercising a proxy vote. This should not be repeated, and we have called for meetings, calls and briefings available to Members of Parliament to be made available to nominated members of staff covering for Members exercising a proxy vote.
The long-standing practice of the House is that babies should not be present in the Chamber or Westminster Hall. We believe that Members should not bring babies into the Chamber, Westminster Hall or General Committees as they observe, initiate, speak or intervene in proceedings, and we believe this should remain the guidance. Chairs will and should retain a degree of de facto discretion, which should be exercised sparingly. The firm expectation should remain that Members do not participate in proceedings while caring for a baby, and that where it is required, in exceptional circumstances, to bring a baby into proceedings, it should be agreed in advance.
The Liaison Committee should consider how far Select Committee practice should mirror other settings and, if necessary, agree guidance covering both Members and witnesses.
Finally, the Procedure Committee is grateful to all hon. and right hon. Members, and others, who shared their views with us on both inquiries. I hope our report will be welcomed by the House, and that the House will soon have a chance to vote on these issues.
I commend this statement to the House.
Thangam Debbonaire (Bristol West) (Lab)
I thank the right hon. Lady and the Procedure Committee for their excellent work. I welcome their recommendations and the clarity and sensitivity with which they handled these inquiries. It is particularly helpful to have clarity on proxy votes for Members with long-term illness, without a presumption that they will have to use a proxy vote, even if they do not wish to do so. Respect for privacy and good working conditions is important.
Has the right hon. Lady had an indication from the Leader of the House, who might spring to his feet shortly to give us the answer, on the possible timetable? She mentioned having a debate and a vote before the summer recess, and she mentioned the Liaison Committee considering Select Committee practice. Has she had any indication on the timetable, and would she like to say more on what she thinks is ideal?
Karen Bradley
I thank the hon. Lady for her comments and her warm welcome for the report. The Committee considered these matters carefully; they are extremely sensitive. Members were not always willing to speak in public about these issues, because a lot of issues on social media and elsewhere made it difficult for them. This report reflects the views of the Committee and the views of the House that were expressed to us. As I have said, I would hope that we could have a debate and a vote on this before the summer recess, so that we could bring in a pilot scheme for proxy voting before the autumn, which we could start running in the autumn to see how it works. I do not think it would affect many Members; a very small number would wish to avail themselves of it. However, for those who would, it is important that they have it in place. The Leader of the House did indicate in his evidence that he was considering the options.
Tim Loughton (East Worthing and Shoreham) (Con)
I commend my right hon. Friend on the eminently sensible and proportionate recommendations she is making. On the issue of bringing children to the Chamber, we are trying to make ourselves more in contact with the working practices of our constituents and having a “bring your child to work day” in a 365 day a year phenomenon does not seem to be a sensible thing to do. On proxy voting, I very much welcome what is proposed. We have made slow progress, at last getting there for female Members on maternity leave. Are there any measures to look at whether Members with a serious illness preventing them from coming to this place should be allowed to contribute to debates by a television link, as happened during the pandemic? I raise the example of our late colleague Dame Cheryl Gillan, who was able to participate in parliamentary proceedings within weeks of her last day, not physically but by video link, with that being of great value to her and to this Chamber. Could we not, in special circumstances, make that available, so as not to disenfranchise those Members from being able to participate in the debate as well as vote?
Karen Bradley
I thank my hon. Friend for his comments. The issue of whether this was an appropriate workplace to bring children into was raised time and again. Overwhelmingly, the evidence and the views were that people did not think this was a place suitable for children. It is a very confrontational place at times and it can be noisy, although not at the moment, and it was felt that it was not suitable. I must make the point that proxy votes are available to fathers as well as to mothers, and that we recommended in previous reports that there should be equality for male Members who are fathers and eligible for the scheme, in line with the Women and Equalities Committee report and recommendations. We also recommend a decoupling of attendance in the Chamber from the proxy vote. At the moment, if one is on a proxy vote, one is not able to attend the Chamber. We think that that needs to be removed, but we do not want anybody to feel under any pressure to attend the Chamber if they are spending time with their newborn or having treatment for sickness. On his point about virtual participation, there is not, so far as I can tell at the moment, an appetite in this place to reintroduce any form of hybrid proceedings. If and when there is, I am sure the House would want to have its say on that matter.
Kirsten Oswald (East Renfrewshire) (SNP)
I welcome the report and what the right hon. Lady has said. The key point is that politics and democracy belong to everyone, so we have an obligation to make things as open as we can. I point to all the work that my hon. Friend the Member for East Dunbartonshire (Amy Callaghan) has done in trying to make sure that people understand the challenges of representation when someone has a long-term medical condition. Of course, nobody should find that they are disenfranchised because their Member of Parliament has a long-term medical condition or indeed has a baby. I hear what the right hon. Lady says about babies perhaps being a disturbance—I am paraphrasing her—in the Chamber, but I have to say that, having sat here for a number of years, an awful lot of hon. Members disturb us all significantly more than a baby or a small number of babies would. I make that point sincerely. So I hope that this place will come back to this matter, because if we are to be open to Members from diverse backgrounds—younger Members and Members who are parents—we need to examine all of these processes carefully so that we are not excluding people, as I fear this could. Although I appreciate all the work the Committee has done, and I note that there is a nod to the Chair having some discretion, is the right hon. Lady minded to look again at what the Scottish Parliament does in terms of babies? I would also be keen to hear whether she is confident that we will have a debate before the summer.
Karen Bradley
I thank the hon. Lady for her question. The evidence from the hon. Member for East Dunbartonshire was some of the most powerful we heard in favour of extending proxy voting to those with long-term medical conditions. The hon. Member for East Renfrewshire (Kirsten Oswald) is right to say that, through no fault of her own, the hon. Member for East Dunbartonshire is not able to attend as much as she would like and she feels disenfranchised as a result. Her example and evidence was some of the most persuasive we heard. I am not suggesting that a baby is necessarily going to be disruptive; rather, this would be an unpleasant place for a baby to be in at times, and it would certainly be noisy and uncomfortable for a small child. It is worth making the point that children are welcome in this place. I recall that when I was first elected and had young children they came to watch me in debates and joined me for their tea, with beans on toast from the Tea Room being one of their favourite foods I could provide in the Family Room. I never, at any point, felt that my children were not welcome in the environment and in the Palace, but in this place of work I would not have wanted to have had my child with me at that time. There was a real fear that people would feel obliged to do this, and in those precious few weeks of having a new child and a new person in one’s life Members wanted to be able to spend time with that new person, adjusting to being a new parent. They did not want to feel under any obligation to come here with a child because that was becoming the norm. As I say, there are plenty of opportunities for children to be in this place, and in my experience they are very much welcomed by all the staff in this building.
Bob Blackman (Harrow East) (Con)
I congratulate my right hon. Friend and the Committee on a balanced report. I was required not to be in this place for three months because of long-term sickness and I would have welcomed the opportunity to exercise my view via a proxy. Will she give us a flavour of what she would want to see in terms of not only medical evidence, but a possible renewal of medical evidence for someone to continue proxy voting?
Karen Bradley
I thank my hon. Friend for his comments. As a long-serving member of the predecessor Procedure Committee, I know he will have looked at these issues when it considered the issue of proxy voting for parental leave. The evidence we heard was clear that where someone is away for a short time, be it because of injury or illness, a constituency requirement, a Select Committee visit or any of the other reasons why we are not always in this place, that would not affect our constituents in terms of being enfranchised by our exercising our vote, but this changes once the time gets to somewhere around three months. We have not set a time limit, although I note that the Independent Parliamentary Standards Authority is considering giving additional staffing support for people who are on long-term sickness for three months or more, and that seems to me to be about the right amount of time for medical evidence to be provided to the Speaker. We are not setting out what that medical evidence should be. It will be for a private conversation between the Member and the Speaker to demonstrate that they are not able to attend this place as fully as they would like because of their medical condition, and for the Speaker to exercise discretion.
Chris Elmore (Ogmore) (Lab)
I pay tribute to the Chair of our Committee. She knows that I am a long-serving, or perhaps long-suffering, member of the Procedure Committee. I welcome the recommendations on ill health proxies, as they show progress from where we were with the baby and adoption proxies a number of years ago. On decoupling from the estate, and being able to attend the Chamber and then leave, does she agree that this is simply about having a keeping in touch day and allowing this House to follow modern working practices for mothers and indeed fathers; they may wish to access this for slightly longer if they are sharing their maternity and paternity leave? This simply brings the House towards some modern practice.
Finally, on babies in the Chamber, as the father of a 17-month-old, I wholeheartedly back the Committee’s report. I would not want to bring my son into the Chamber, although he has benefited from being in for a Division. This is not just about new mothers in this place; there are also lots of new fathers who care deeply about what happens to their children, and we should have a voice in this process as well.
Karen Bradley
I thank my friend, the Vice-Chair of the Committee, for his comments. He is right: we did want to decouple the requirement not to be in the Chamber from the proxy vote. We heard significant evidence about keep-in-touch days for new parents.
We also heard from my hon. Friend the Member for Chatham and Aylesford (Tracey Crouch), who said that when she was recovering following her breast cancer diagnosis, she was able to avail herself of the proxy vote because we still had pandemic proxies, but that she was also able to come into this place and make contributions. For her, that was good for getting her back into working practices and good for her recovery, but it would have been very detrimental to her recovery had she had to stay to vote later in the day.
We reflected that in the report. We wanted to make sure that there was a decoupling of the requirement not to attend the Chamber from the proxy vote, because it would give Members the opportunity to do that kind of keep-in-touch day.
Aaron Bell (Newcastle-under-Lyme) (Con)
May I praise both my right hon. Friend for her chairmanship of the Committee and the Clerks for their hard work on this report?
As a member of the Committee, I support all the recommendations; it was a unanimous report. I also support what my right hon. Friend and the shadow Leader of the House called for: a chance for the House to have a say on this—ultimately, it is for the House to decide how we proceed. I am sure the Leader of the House will be addressing that in due course.
May I invite my right hon. Friend to praise all our colleagues who gave evidence, particularly oral evidence, to our Committee? Seven Back Benchers gave evidence on the proxy vote part, many of whom, such as the hon. Member for East Dunbartonshire (Amy Callaghan) and my hon. Friend the Member for Chatham and Aylesford (Tracey Crouch), shared very personal stories of illness.
We had two oral evidence sessions on the issue of babies in the Chamber: one with my hon. Friend the Member for Rutland and Melton (Alicia Kearns), who is in her place, and one with the hon. Member for Walthamstow (Stella Creasy). The environment was quite toxic, because there was a lot of misogyny around the issue on social media. Giving evidence to us from both sides of the argument showed courage, and I wondered whether my right hon. Friend could reflect that.
Karen Bradley
My hon. Friend is right: the Clerks of the Committee have been, and always are, absolutely exemplary, and we could not do the work that we do without them. He is also right that the atmosphere around some of the evidence was toxic. We need to be able to have this debate in a reasonable fashion. We need to discuss the issues and reflect the views of the House overall. That is why it is important that we do now have time for that debate and a vote, so that the House can make its decision as to how it wants to proceed.
Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)
I welcome any progress in modernising this House, and the report is very welcome. I personally believe that we should be more open to the public about our pairing arrangements, which would help with some of this. It is not acceptable for constituents to have to rely on reading Twitter to know whether, in a vote, their MP had just abstained or was paired. I am unusual in that once I abstained by walking through both the Aye and No Lobbies, because I wanted my constituents to know that I was abstaining and not just being paired.
I do welcome the step forward, but part of the problem relates not just to the issue of privacy, but to the fact that some MPs on short-term sick want a recorded system, to be able to show that they are either paired or they are proxied. That is still the gap, and I wondered whether the Committee would consider that.
On children, I have a slightly different view, but I respect the outcome of the Committee. I do wonder, however, about the outcome with regard to viewing and observing in Westminster Hall debates. A Member could quite easily bring in a child to view in the Public Gallery. It seems slightly farcical to me that they could be behind a rope, but not on the other side of it if they were viewing. I wonder whether we can review some of those intricacies and challenges in the future, because Westminster Hall debates are a very different beast from those in this Chamber.
Karen Bradley
I thank the hon. Gentleman for his comments. As Chair of the Procedure Committee, I should make the point that positive abstentions are not really the done thing in this place, but I do understand why he felt the need to do so.
We did look at the issue around the informal arrangements and whether they could be more formalised, but we must accept that there will always be informal arrangements in a place that involves 650 of us who are, effectively, sole traders. It is up to each individual Member to decide how they let their constituents know about their votes. We have great transparency around voting, as lists are published, which simply was not the case previously. There is nothing to stop any Member from being clear about their view on whether they abstain positively, or whether it was a pairing arrangement.
On babies, I make the point that there is discretion. The Chair, with advance notice, can, if it is deemed appropriate, say that on a certain occasion it is okay to bring a small child into the Chamber. There may be circumstances in which that is simply the only option and the Chair is happy to accept that; it is not that this is precluded. The practice of the House allows for it to happen, but it has to be with advance notice and at the discretion of the Chair. It also has to reflect, I think, whatever the debate may be. There will be some debates where the presence of a baby may be more appropriate. I would not wish to pre-judge that, but it will be for the discretion of the Chair, and it is available.
Alicia Kearns (Rutland and Melton) (Con)
I thank my right hon. Friend and all the members of the Committee, who showed such sensitivity in their discussion of this topic and their questioning of us. I also wish to pay tribute to Mr Speaker and the Deputy Speakers, who, throughout my time as a young mother—I have a 17-month-old who is very good friends with the hon. Member for Ogmore (Chris Elmore); they play together very nicely—have shown complete support of new mothers, whether it be leaving the Chamber to breastfeed or needing any support at all. I would also like to recognise the new Chief Whip, who has made real efforts to support those of us on the Government Benches who are pregnant or have these sorts of concerns and needs.
I have this to say to my right hon. Friend the Chair of the Procedure Committee: we must be very careful with the public discourse about this place, because it is like no other workplace. Mistaken comparisons are made with our constituents who work in shops at tills, because they cannot bring their babies with them. The same applies to lawyers who are fighting domestic abuse cases, which are among the topics that we discuss, who would not be allowed to bring their babies with them. I also have some concerns over the use of the discretion of the Chair—in Westminster Hall, for example—and that being abused. The pressure that I have come under during this period has been quite strong, and I fear that Chairs of Committees might feel that they have been forced to allow babies in.
Will my right hon. Friend clarify two things? First, as she touched on earlier, we are not banning babies from the entire building; we are banning them from this Chamber. My babies are in the House with me every single day, as many colleagues have said, and I do not even know that they are here. My second question relates to babies who are in a neonatal care unit. Did the Committee consider whether fathers should receive a far extended parental leave period, so that they can support their babies through that really sensitive time?
Karen Bradley
I thank my hon. Friend for her question. I also pay tribute to her and to the hon. Member for Walthamstow (Stella Creasy) for giving their oral evidence on what is a contentious issue. I agree that Mr Speaker, the Deputy Speakers and the Chairs have always shown incredible sensitivity and compassion.
We have conventions in the House around attending the opening and closing of debates, and being there for the speeches before and afterwards. I know that the Chairs have often used their discretion to recognise that the timing of a speech may not coincide with the time that a baby needs feeding, so they have allowed for the Member to have that discretion. I pay tribute to you, Madam Deputy Speaker, for all you have done on this issue. As somebody who was a trailblazer as a mother in this place, you know only too well what it is like.
My hon. Friend is also right that babies and children are not banned from the precinct. In fact, if we go outside the Chamber any day, we will see Members with their children enjoying the facilities. It was very important to me as a mother, when I first came to this place, that my young children understood the job that I was doing and could feel that they were part of it. On fathers, we have said that the recommendations around having equality for fathers and mothers in the Women and Equalities Committee report should be adopted.
Jim Shannon (Strangford) (DUP)
I welcome the Chairperson’s statement and I thank her for all she has done. I absolutely support young mothers’ being able to sub for a Member in a proxy vote; I also value the importance of breastfeeding for those able to do so and believe we should facilitate that as much as possible. Proxy voting allows that too, so those are some good points. Behind every MP are an incredible staff who do marvellous work, including many ladies. Is there help also available for MPs’ female staff members when it comes to breastfeeding and child facilities, so that they are able to access similar consideration?
Karen Bradley
I never thought I would be in a debate discussing breastfeeding with the hon. Gentleman, but there we go; there is a first time for everything. I assure him that all the facilities and support available to Members, including the physical and crèche facilities, are available to staff of this place. That is an important point, because he is right that it is our staff who ensure we can turn up here every day and get the job done—I notice that my Clerks have now turned up in the Chamber, so I pay extra tribute to them once again.
Madam Deputy Speaker (Dame Eleanor Laing)
I particularly thank the right hon. Lady and everybody who put so much time and effort into compiling this important report, which affects every Member of this place and takes us a step forward in our modernity.
Bill Presented
Recognition of Armenian Genocide Bill
Presentation and First Reading (Standing Order No. 57)
Tim Loughton, supported by Sir Iain Duncan Smith, John Spellar, Chris Law, Christine Jardine, James Gray, Jim Shannon, Andrew Rosindell, Dr Rupa Huq, Wera Hobhouse, Alan Brown and Chris Stephens, presented a Bill to require Her Majesty’s Government formally to recognise the Armenian genocide of 1915-23; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 24 March 2023, and to be printed (Bill 133).
Backbench Business
Iran’s Nuclear Programme
(2 years, 5 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Robert Jenrick (Newark) (Con)
I beg to move,
That this House expresses grave concern at the imminent prospect of a nuclear armed Iran; calls on the Government in its ongoing negotiations in respect of the Joint Comprehensive Plan of Action (JCPoA) agreement to seek to extend the sunset clauses, enact a stricter monitoring regime, retain terrorist proscriptions, and expand its scope to include Iran’s other destabilising activities in the region.
There are significant concerns, as set out in the motion, at the negotiated deal that is apparently about to be signed. I have been actively seeking an opportunity to raise those concerns over Iran’s destabilising activities for a number of months. I give thanks to the Backbench Business Committee for granting time in the main Chamber, and to my many cross-party colleagues who supported the application.
This debate could not come at a more important time. On 9 June, the UK, Germany and France released a joint statement saying that they are ready to conclude a deal with Iran that would restore the joint comprehensive plan of action, and urging Iran to seize the diplomatic opportunity it presented. On Monday, indirect talks between the United States and Iran resumed in Doha.
This is by no means the first time that we have debated Iran in this place, and I dare say it will not be the last, but today’s debate could perhaps be the last opportunity to evaluate the merits or otherwise of a return to the JCPOA nuclear agreement. I firmly believe that, whatever one’s view—we will hear a range of them today, no doubt—it is vital that, before any deal is signed, our Government hear the opinions of Members of this House.
Anxieties over Iran are felt acutely by many across the House, as I am sure we will hear. I am on the record as having been very sceptical of the original 2015 deal, believing it to be too limited in scope to prevent Iran’s malign activities and far too weak in enforcement to prevent a nuclear Iran, should Iran choose that path. That view was shared at the time by many—including, we have subsequently learned, a number of those who were close to the negotiations. I think, for example, of the noble Lord Hammond and the former Defence Secretary Sir Michael Fallon, who have both subsequently expressed their concerns at the limited nature of the deal that was ultimately signed.
Whatever one’s thoughts about the JCPOA, the fundamentally different circumstances we face today must be confronted. It is always easy to stick with what one has been involved in for a long time; of course there is pride among those who have negotiated relentlessly on this issue, both here in the UK, in the Foreign Office, and particularly in the Biden Administration, among those officials who were previously in the Obama Administration. However, it is time to appreciate what has happened in the seven years since the deal was signed.
Iran’s nuclear programme has continued apace. While the terms of the JCPOA restricted Iran’s enrichment of uranium to 3.67% fissile purity and a stockpile of only 300 kg of uranium, as of last month the International Atomic Energy Agency confirmed that Iran has been enriching uranium up to a purity of 60%—a short technical step from weapons-grade levels of 90%.
Robert Jenrick
I am spoilt for choice, but I will give way first to my right hon. Friend the Member for Chipping Barnet (Theresa Villiers).
Theresa Villiers
My right hon. Friend is making a powerful speech. Does he agree that, far from the JCPOA-minus that seems to be in prospect, we need a tougher deal with Iran that reflects its transgressions in compliance with the current agreement? We must reflect those transgressions in a deal that is actually powerful in preventing Iran from developing its nuclear programme.
Robert Jenrick
I agree wholeheartedly with my right hon. Friend, who has been interested and engaged in this issue for a long time. The point she makes, which I hope I will make over the course of my remarks, is that we do want a negotiated settlement and agreement, but it must be one that is robust and has the effect of preventing both Iran’s pursuit of nuclear weapons and its wider malign activities in the region that are harming our key partners, our friends and ourselves.
Gareth Davies
I am grateful to my right hon. Friend and neighbour for giving way. He mentions that Iran has developed uranium to 60% purity. Is he aware of any country on Earth that has enriched to that level for peaceful purposes?
Robert Jenrick
No, and I do not think anyone would believe that that is Iran’s ultimate intent. The latest intelligence, for example, showing that bunkers have been constructed underground in which to hold some of that material, makes clear what the ultimate intent of Iran is on this issue.
Robert Jenrick
I will give way one last time, and then I shall make some progress.
Dr Offord
I am grateful to my right hon. Friend. Many people have focused on transgressions against the JCPOA, but because of the infamous sunset provisions in the 2015 deal, Iran will be able to legitimately undertake a full nuclear programme. That means that we could be facing a nuclear Iran as early as 2025. Without doing anything, we are already in a very difficult and dangerous scenario.
Robert Jenrick
My hon. Friend is correct. I will make this point in a moment, but there is no harm in restating it now: the original deal contained a number of sunset provisions, and the proposed deal, as reported, merely keeps those sunset provisions in exactly the same form. Even if we were to sign the deal tomorrow, it would begin to fade away in 2023. One really has to question the point of signing up to the proposed deal.
Iran stands on the verge of possessing a nuclear bomb. In fact, intelligence suggests it has sufficient enriched uranium today for at least two nuclear weapons. It has progressed far beyond the parameters of the JCPOA, so restoring Iran to the old deal has none of the benefits we once thought it would. The JCPOA’s time has been and gone; the Rubicon has been crossed.
After earlier talk of a longer and stronger deal, more recent rounds of the nuclear talks have seen US negotiators make concession after painful concession in an attempt to bring Iran back to the deal. We now see before us the contours of a shorter and weaker agreement—one that many have taken to dismissing as JCPOA-minus. In that agreement the Iranian regime will be reintegrated into the international community and afforded huge economic benefits that, crucially, will be channelled not into education, healthcare or infrastructure projects but into supporting and promoting terrorist activities, for instance through the Islamic Revolutionary Guard Corps and Iran’s web of proxies across the region, and the restrictions on its nuclear programme will last for a fraction of the time. It is unclear whether this stands to strengthen efforts for non-proliferation.
I believe that a new framework is required. Proponents of the JCPOA spoke of its ability to restrict Iran’s break-out time to one year. In view of the reduction of this to as little as a few weeks, we need the Government to recognise that this is simply not going to work, and that any agreement that could obtain the consent of this House—certainly of Members who take my view—will need to have very significantly longer sunset clauses.
Bob Blackman (Harrow East) (Con)
My right hon. Friend is absolutely right in everything he has said. However, it is not only the potential for Iran to acquire nuclear weapons that is a concern, but its ability then to deliver those weapons through ballistic missiles. Clearly Iran has enhanced its capability in that regard and could, if it has nuclear weapons, deliver them now. What would he say about how we need to restrict Iran’s capability to develop such weapons?
Robert Jenrick
My hon. Friend makes an important point. The JCPOA contains the word “comprehensive”, but it was anything but comprehensive. It certainly did not speak to the malign activities of Iran throughout the region, but nor did it address the seeking of enriched uranium, the weapons that would be able to deliver the nuclear weapons or the other infrastructure and equipment that is required in the process. Any deal that we now sign needs to address all those matters. In fact, as I said, on the pursuit of enriched uranium, the ship has already sailed because Iran already has it.
The agreement as reported in the media seems set to include the same structural problems as we saw in the 2015 deal. Unless the new nuclear terms are expanded in scope to allow a more rigorous inspection regime, I fear we will repeat the same mistakes. Iran has reached the nuclear threshold under the watchful eye of what was supposed to be the most intrusive inspection regime ever. By its own admission, the UN’s nuclear watchdog is “flying blind”—the IAEA chief said as much in June 2021. One year on, Iran has taken a series of steps to further restrict IAEA access to its nuclear sites, including the deliberate removal of cameras from its most sensitive facilities. Years of tolerating Iran’s flagrant breaches out of fear of the talks collapsing has led us down this path.
A glaring weakness of the JCPOA was that it did nothing to address Iran’s wider activities throughout the world. Our failure to address Iran’s support for its network of proxies continues to reverberate to this day. Iran was and remains the world’s largest state sponsor of terrorism—a point I was pleased to hear my right hon. Friend the Foreign Secretary acknowledge in front of the Foreign Affairs Committee on Tuesday. The regime’s commitment to exporting the Islamic revolution has been underwritten by an active embrace of violence since it first came to power in 1979. In recent weeks, Istanbul has been the setting for an extraordinary Iranian terror plot. Thanks to the close co-operation between the Israeli and the Turkish security services, an Iranian terror cell attempting to kidnap and kill Israeli tourists—innocent civilians—was thwarted. In one incident, several Israeli tourists visiting a market had to be intercepted before they returned to their hotel room, where their would-be assassins were reportedly waiting for their return.
The Iranian threat is very clear and present here at home. In 2019, it was revealed that British intelligence services had identified a Hezbollah cell stockpiling 3 tonnes of highly explosive ammonium nitrate in residential north-west London for use in a terror attack—the very same chemical that was recently inflicting such terrible damage in Beirut. The misplaced notion that the JCPOA would moderate the Iranian regime was dispelled when its Intelligence Ministry sought to bomb an opposition rally in Paris in 2018 with the help of an Iranian diplomat.
Behind all these examples—and there are many others I could cite—sits the Iranian Revolutionary Guard Corps, Iran’s premier agent for terrorism. The organisation funds, trains and provides the ideological underpinning for many of the world’s terror organisations, from Hamas to Hezbollah to the Houthis. Reports from the previous round of negotiation that the Biden Administration was considering delisting the IRGC from its foreign terror list have been worrying, to say the least. Quite simply, it would be a grave miscalculation and a great dishonour if our Government were to support any such action. It would make a mockery of the efforts that we have made in recent years to proscribe Hamas and Hezbollah if we signed up to a deal that legitimises the very organisation that funds Hamas and Hezbollah. That really would be a perverse and absurd outcome.
The negotiations in Doha cannot be detached from the broader geopolitical landscape. A dangerous new dynamic is at play in the latest round of nuclear talks. As the EU desperately tries to wean itself off Russian hydrocarbons, we see an ill-advised pivot towards Iran for energy supplies. In a visit to Iran over the weekend, Josep Borrell openly called for Europe to seek new sources of oil and gas following its move away from Russia and spoke of the high potential economic benefits awaiting Iran. At the G7 summit in Germany, Macron pointedly called for more Iranian oil to enter the market. The west can ill afford to end its dependency on one rogue regime merely by pivoting towards the religious fundamentalists in Tehran. How ridiculous would it be for us to invest so much time, effort and energy in defeating Vladimir Putin merely to make an advance—an opening—towards Tehran, Venezuela or other authoritarian regimes? It is troubling enough that the talks have been mediated by Russia, the world’s only nuclear-armed state currently threatening to actually use those weapons. If restrictions are lifted, Russia will receive a financial boost from sales of military equipment as well as the construction of nuclear power plants in Iran.
Iran’s list of nuclear transgressions is as long as it is troubling and has long necessitated an urgent response. The UK Government were right to say in March:
“Iran’s nuclear programme has never before been this advanced, and is exposing the international community to unprecedented levels of risk.”
At this critical juncture, the west urgently needs to change its strategy. We valiantly pursued diplomatic avenues to their limit, and beyond. Dedicated officials here in the Foreign Office, and in the Obama and Biden Administrations, have invested immense time and resources in negotiating the JCPOA, but that is not a reason to sign a bad deal. As Iran continues to stall negotiations, it is time for a more robust approach reimposing snapback sanctions on Iran and tightening the economic screw until it is willing to countenance the serious proposals that I have shared here today.
This position is no longer that of ultra-hawkish Republicans. In March, despite a polarised political climate in the United States, 70 Democrats and Republicans in Congress wrote to the National Security Adviser, Jake Sullivan, to demand that the new deal signed with Iran must include an extension of the sunset clauses that we discussed earlier, retention of the IRGC proscription—I would like the UK Government to proscribe it as well—and a toughening of the monitoring regime, with an extension in scope to include Iran’s other destabilising activities such as its ballistic missile programme. President Obama can press ahead with a weak deal, but if he does, there is a strong likelihood that the Senate and the House of Representatives will do everything in their power to frustrate it, and were there to be an incoming Republican President, which seems quite likely, it would be their day-one act to end the agreement. Why would we do something that is of such a short-term benefit, if any? In doing so, we weaken our relationships with some of our oldest friends and key partners, whether that be the state of Israel, the Gulf states, Saudi Arabia or others, all of whom publicly or privately are pleading with our Government to listen to their concerns and not to proceed with this agreement.
Those countries in the middle east already fear that the west is retrenching and is an unreliable ally, particularly having seen the events of our messy and embarrassing retreat from Kabul a year ago. To impose this agreement in addition, against their best wishes, merely pushes them further away from us and towards new friends and relationships, whether that be Russia or China. That would be a very sad outcome.
To conclude, the Iranian regime brutally represses, persecutes and tortures its own people. It wastes the Iranian people’s resources on terrorism, foreign aggression, missiles and nuclear-weapon capabilities. I hope to see the day when we and our partners have no need for sanctions on Iran or the proscription of its affiliates. I hope to see the day when the UK and Iran can enjoy normalised relations and when the people of Iran have a Government who respect human dignity and exist in peace with their neighbours, but that day will not come if we provide sanctions relief to fuel the regime’s corruption, incompetence and terrorism. Nor will the day come through weak and naive responses to the pursuit of and now the establishment of nuclear-weapon capabilities. I humbly urge the UK Government to change course, to learn from the first JCPOA’s failures, to listen to the concerns of many across the House and our partners in the region, and to work with us and them to impose maximum pressure on Iran.
Jeremy Corbyn (Islington North) (Ind)
I compliment the right hon. Member for Newark (Robert Jenrick) on obtaining this debate and I particularly endorse the last point he made about looking forward to the ultimate day when there will be no sanctions against Iran, because that surely is the place we would want to be.
We should have a slight passing interest in the past British relationship with Iran, which is not much discussed in this country, but is discussed a great deal in Iran. There are memories of the Anglo-Iranian Oil Company, later BP, and the promotion of the coup in 1953 by Britain and the CIA together to get rid of the secular progressive Government in place at that time. It might seem a long time ago, but it is very real to people in Iran, and the arguments about it are rehearsed many times over.
The 1979 revolution in Iran was obviously a massive event in every respect. It was a total revolution. A very authoritarian regime was installed. There was a massive killing rate by that regime and universal and total abuse of human rights. Many people from Iran came and sought asylum in this country and many others—indeed, a considerable number came to live in my constituency. In anything I say, I am well aware of the systematic abuse of human rights in Iran for many years. Any discussion with Iran must include a discussion of human rights. Obviously, that includes the dramatic horrors of executions and public executions, but the restriction on rights of assembly and freedom of speech are to me equally important.
It is also worth remembering that the Iranian people have lost relatives and thousands and thousands of soldiers in conflict since 1979. The appalling and disastrous Iran-Iraq war, which ended up achieving hardly anything for either side, cost hundreds of thousands of lives on both sides, wrecked both economies and has led to a continued economic problem for both sides. In discussing the nuclear issues, one should have regard for the longer-term history of Iran and the relationship of this country with Iran.
We are coming up to the non-proliferation treaty review conference this August in New York. Iran was a member of the non-proliferation treaty. Successive meetings that I have been to on the non-proliferation treaty have always concluded with the hope that there would be the declaration of a middle east weapons of mass destruction-free zone, which would give the opportunity for Israel and Iran to be included in the negotiations for a non-nuclear future for the middle east. While I fully appreciate that Iran clearly has developed centrifuges and enriched uranium almost to weapons-grade, two other countries in the region either have nuclear weapons or could. One is Israel, which clearly does have nuclear weapons, and the other is Saudi Arabia, which could quickly develop nuclear weapons if it wanted. The urgency of having a negotiation and a revamped version of the 2015 agreement, or something like it, is important if we are to try to preserve the peace of the region.
I was part of a delegation from the all-party group on Iran in 2014, and it was a fascinating experience, because the members of the delegation were Lord Lamont, a former Conservative Minister and Chancellor, Jack Straw, a former Labour Home Secretary, the current Defence Secretary, and me. The four of us divided up our roles in the delegation very clearly early on. Lord Lamont talked about economic issues, Jack Straw talked about global issues and trade, and I relentlessly and endlessly raised a lot of concerns about individual and collective human rights cases with the people we met in Iran. We were quite well received at universities and so forth, and we had serious negotiations. It was clear to me not only that such negotiations are tough, but that, if the Iran nuclear agreement was to succeed—this was pre the agreement, by the way; that is why we were there—it had to be accompanied by two things: the lifting of sanctions, which were very severe, particularly the medical sanctions being imposed at that time; and a human rights dialogue. The Iranians made it clear that they were prepared to have a human rights dialogue with the EU, or with other parties.
We have to strive for the lifting of sanctions, and that means there has to be a renewed effort to bring about an agreement with Iran to end the enrichment of uranium to anywhere near weapons-grade. I am not a great fan of nuclear power, but the Iranians are legally entitled to develop nuclear power if that is what they want to do. Personally, I do not think it is a great direction to go down, but obviously they can legally choose to do that. We should be well aware that, if we do not succeed in rejigging the 2015 agreement, we have problems ahead.
Steve McCabe (Birmingham, Selly Oak) (Lab)
Does the right hon. Gentleman seriously believe that a country with a secret nuclear programme that is hidden from the IAEA inspectors and a country that is obstructing those inspectors is serious about negotiations? Is that his genuine belief?
Jeremy Corbyn
Iran has to be serious about negotiations and we have to be serious about negotiations. That is the whole point of this debate and the whole point of the joint agreement. If my friend has a better alternative, I would be interested to hear it. We should be aware that the agreement with Iran was made with the support of the United States under President Obama and of this country and many others. It is an international agreement. It was Donald Trump who said it was a bilateral agreement and the US should walk away from it. That is essentially the situation we have reached at the present time.
I hope that there will be strong negotiations with Iran. They will obviously be led by the US, the EU and other countries, including this one. That is an important way forward. Perhaps the non-proliferation treaty review conference is an opportunity to start to explore that way forward, because what is the alternative? The alternative is we increase the number of nuclear weapons within the region. I hope to goodness that Iran never develops nuclear weapons, as I wish other countries did not. We have to remember, though, that this country has nuclear weapons and this Government have just announced an increase in the number of our nuclear warheads, so it is not as if we are on the moral high ground when saying that nobody should ever develop nuclear weapons.
There is added urgency because of the situation in Palestine, the occupation of the west bank and the siege of Gaza. There is also the war in Yemen, where thankfully there is now a ceasefire. I hope the ceasefire becomes permanent and that the people of Yemen are able to live in peace, but our supplying weapons to Saudi Arabia has made the situation much worse.
We have to look towards a future in which there can be relations with Iran and a serious programme of improvement in respect of the human rights abuses in Iran, so that sanctions can gradually be lifted. That would allow the Iranian economy to develop and living standards to improve. Many people in Iran lead very poor lives, partly because of the sanctions and partly because of the level of resources taken up by the military, as was pointed out by the right hon. Member for Newark.
In his intervention, my friend the hon. Member for Birmingham, Selly Oak (Steve McCabe) asked whether we were serious about negotiations. We were very serious about negotiations when we were trying to get Nazanin Ratcliffe released from her appalling detention in Iran. Eventually, she was released and the parallel agreement was made about the repayment of money by this country to Iran. However, other people were not released. I would be grateful if the Minister let me know, either when she responds or later in writing, about the situation facing Anoosheh Ashoori and Morad Tahbaz, both of whom should have been released with Nazanin but were not. They are still there and apparently the British Government are supporting their release. Those negotiations that were brought about for one person—a very special and wonderful person—had a good outcome, but there are other detainees who should be released.
This debate takes place at a time of peril, with the appalling war between Russia and Ukraine, and the resulting loss of life, and the increase in arms expenditure, with NATO proposing a huge increase. If we succeed in re-engaging with Iran and have a good outcome, good work will have been done and we will have helped to bring about a more peaceful middle east. If we do not, the pressure of the militarist hawks in Iran will become even more enormous and even more resources will go into nuclear and other weapons technology, with obvious dangers for everybody in the region. Surely our whole focus should be on nuclear disarmament and peace through negotiation to bring about a better standard of living for the people of Iran and, indeed, of all other countries in the region.
Mr David Jones (Clwyd West) (Con)
I congratulate my right hon. Friend the Member for Newark (Robert Jenrick) and the hon. Member for Birmingham, Selly Oak (Steve McCabe) on securing the debate, and I thank the Backbench Business Committee for facilitating it. It is, for all the reasons set out by my right hon. Friend, a timely debate. It is also timely because it comes after the report of the board of governors of the IAEA on 30 May and the subsequent resolution of 8 June, which censures Iran for non-co-operation with the agency’s inquiry into nuclear traces found at three non-declared sites. That action on the part of the agency is certainly a step forward, but it goes nowhere near far enough.
Iran’s nuclear programme has been known about since 2002, when the existence of the facilities at Natanz and Arak were revealed by the Iranian democratic Opposition, the National Council of Resistance of Iran. The Iranian regime has always asserted that its programme is for civilian purposes only and has always denied that it is attempting to produce nuclear weapons. That simply defies belief. As we have heard, despite the terms of the JCPOA, Iran started enriching uranium to 20% in 2010, and later the same year it moved to 60% enrichment. As my right hon. Friend pointed out, that is considerably beyond anything that is needed for civilian purposes.
In its report of 1 June, the Institute for Science and International Security concluded:
“Iran’s breakout timeline is now at zero. It has enough 60 percent enriched uranium or highly enriched uranium (HEU) to be assured it could fashion a nuclear explosive. If Iran wanted to further enrich its 60 percent HEU up to weapon-grade HEU, or 90 percent, it could do so within a few weeks with only a few of its advanced centrifuge cascades.”
Clearly the time pressure is enormous. The report went on to note:
“Whether or not Iran enriches its HEU up to 90 percent, it can have enough HEU for two nuclear weapons within one month after starting breakout.”
That is, by any standards, a very worrying state of affairs.
It is made all the more worrying by Iran’s increasingly erratic and aggressive stance in the region and, indeed, the wider world. As my right hon. Friend rightly pointed out, Iran is an active state sponsor of terrorism—probably the world’s leading state sponsor. Its proxies are engaged in fomenting conflict in Yemen, Syria and Lebanon. My right hon. Friend mentioned the Istanbul incident; I would like to mention the incident in June 2018, when a bomb plot targeting a gathering of Iranian pro-democracy supporters in Paris was disrupted by the French and Belgian authorities. An Iranian diplomat accredited to the embassy in Vienna was subsequently convicted for leading the conspiracy and was sentenced to 20 years’ imprisonment. Three accomplices were convicted, and their sentences were upheld, with two years added, by the court of appeal in Antwerp in May. Iran is certainly exporting terrorism not just throughout the region, but across the world.
Mr Jones
My hon. Friend is entirely right: it was a gathering of supporters of the NCRI, which takes place every year in Paris and attracts supporters from all round the world. As he points out, had that conspiracy been successful, its consequences would have been catastrophic.
My right hon. Friend the Member for Newark mentioned Iran’s revolutionary guard corps. That is, in effect, a state within a state. It directs, leads and executes the terrorist activities of Iran. As he pointed out, it is a proscribed organisation in the United States, and many will wonder why it is not proscribed in this country. I believe that it should be. Iran is already a global danger, but a nuclear-armed Iran is an appalling and unacceptable prospect.
The IAEA report makes it clear that the Iranian regime has, effectively, been playing games with the agency for many years. At three locations that the agency requested to visit, the regime razed buildings to the ground and removed structural material and soil, clearly in an effort to disguise what was happening there. Nevertheless, the agency discovered traces of anthropogenic nuclear material. The report states that the regime has
“not provided explanations that are technically credible”
for the presence of nuclear material in those locations. The Tehran regime has clearly shown by its actions that it has no intent whatever to co-operate in good faith with the IAEA. Not only is the regime taking steps to advance its enrichment programme by installing more advanced centrifuges; it is doing all it can to restrict the ability of IAEA inspectors to monitor its nuclear sites. It has turned off two devices that the agency relied on to monitor the enrichment of uranium gas at Natanz and initiated plans to remove 27 surveillance cameras from other nuclear facilities.
On 20 June, Reuters cited a confidential IAEA report, which revealed that:
“Iran is escalating its uranium enrichment further by preparing to use advanced IR-6 centrifuges at its underground Fordow site that can more easily switch between enrichment levels”.
In a joint statement to the board of governors of the IAEA on 27 June, the UK, France and Germany expressed their concern about the continued nuclear activities in breach of the JCPOA. They pointed out that the alarming accumulation of enriched material is cause for great concern and is further reducing the time that it would take Iran to break out towards its first nuclear weapon.
The position, therefore, is that it is clearly known that Iran is taking active steps to produce highly enriched uranium, the only credible purpose of which can be to produce nuclear weapons. The question must be whether there is any purpose in continuing to urge Iran to fulfil its obligations under the JCPOA when it is perfectly clear that it has no intention whatever to do so. The continued efforts to engage with Iran and go the extra mile may be laudable, but, frankly, seem increasingly futile. Iran clearly regards the west as weak and is almost openly laughing at us.
A new course is called for. Consideration should be given to whether seeking to adhere to the JCPOA as the basis for our future dealings with Iran is realistic or sensible. Rather than clinging to vain hopes that Iran is capable of mending its ways and responding to the IAEA’s censure, the UK should work with the United States and other international partners to refer Iran to the UN Security Council with a view to reinstating the six sanctions-imposing resolutions that were suspended with the JCPOA’s initial implementation.
Iran must learn that flouting the JCPOA has real consequences, and the west should unite to apply the most intense pressure possible on Iran to wind up its nuclear programme, since it is now abundantly clear that it is not for any peaceful purpose, but is aggressive. Quite simply, Iran is a rogue state, and a rogue state in possession of nuclear weapons is not a prospect that the west can happily contemplate or, indeed, tolerate.
Steve McCabe (Birmingham, Selly Oak) (Lab)
I thank the right hon. Member for Newark (Robert Jenrick) for securing the debate and congratulate him on an excellent speech. In the interest of transparency, I am the chair of Labour Friends of Israel and a member of the British Committee for Iran Freedom.
I suspect that the outcome of the talks in Vienna will be crucial in shaping the future of the international community’s relations with Iran. Whatever that outcome, however, we must develop a clear-sighted and comprehensive strategy to tackle the challenges we face, including the many that the current talks are unlikely to resolve. As we have heard, the malign activities of those who control the Iranian regime extend far beyond its nuclear ambitions and include: its ballistic missile programme; support for terrorist proxies across the middle east; the dangerous influence and activities of the Islamic Revolutionary Guard Corps; Tehran’s insidious disinformation campaigns; its policy of state hostage taking; and the suffering of the Iranian people over four decades.
In the face of those challenges, the JCPOA, which was negotiated in 2015, looks pretty limited. Despite the name, as the right hon. Gentleman pointed out, it is clearly not comprehensive and, as we heard, it actually exacerbated certain problems by freeing up extra resources for the mullahs. The Trump Administration’s unilateral withdrawal in 2018 dealt a severe blow to the deal, but Iran’s record of systematically violating the agreement had already highlighted its inadequacy.
Those violations include, as we have heard, the decision to enrich uranium beyond the agreed cap and the deliberate obstruction of the IAEA inspectors. Iran had already made clear its contempt for the agreement by turning off some of the inspectors’ monitoring equipment. Officials said a couple of weeks ago that they expect to lose any continuity of knowledge regarding the progress of Iran’s activity because of the obstruction they are facing from it. Even if we had a deal up and running, the inspectors would not be able to do their job.
Some believe that a new agreement might provide a measure of medium-term restraint on Iran’s nuclear programme; others have their doubts. As we have heard, the Institute for Science and International Security has concluded that it is on the verge of obtaining the bomb. The appointment of Mohammad Eslami, the main liaison with Pakistani freelance nuclear scientist Abdul Qadeer Khan, as the new head of Tehran’s Atomic Energy Organisation is the clearest signal we could have of Iran’s real intentions. That is why I am sceptical of the idea that those people will negotiate in good faith and keep their word.
As the LFI argues in its recent pamphlet on the subject, the UK needs to develop realistic strategies to address the nuclear threat and the other Iranian issues. Iran’s ballistic missile programme is the biggest in the middle east and makes it the first country to develop a missile with a 2,000 km range without having first developed nuclear capability. It is also the only country that routinely threatens to wipe another nation off the face of the map—the destruction of the state of Israel is the official policy of Iran’s leaders.
As we have heard, as well as threatening Israel’s existence, Iran is responsible for waging war, terrorism and violence—mostly through its proxies—in Lebanon, Syria, Yemen, Iraq and the Palestinian territories. The UK has rightly banned some of those proxies, but not all their front organisations. The Government should do more and look at proscribing Hezbollah and Hamas.
As we have also heard, Iran’s terrorist activities are supported by the regime’s ideological army, the Islamic Revolutionary Guard Corps, which not only leads on meddling in the region but brutally represses ordinary Iranians. Its influence has expanded rapidly in recent years, including over a variety of operations across Europe. I believe, as others do, that the UK should join our allies the United States and proscribe the IRGC for the dangerous terrorist group it is.
Iranian disinformation efforts, run by the IRGC, have significantly expanded since 2015. There is mounting evidence of interference in UK domestic politics, including last year’s Scottish Parliament elections. The UK Government should urgently draw up proposals for how they intend to combat and disrupt that interference.
Iran’s policy of arbitrarily detaining foreign nationals, most prominently Nazanin Zaghari-Ratcliffe, demands co-ordinated international action. The Foreign, Commonwealth and Development Office must be bold enough to call this activity what it is—state hostage taking. We should use the UK’s position at the UN to lead and develop a proper response from the international community.
We should also never forget that the Iranian regime’s most long-standing and long-suffering victims are the Iranian people themselves. We can and should do more to support the victims of some of the most unimaginable human rights abuses. I think it is both curious and shocking that, nearly two years since it was established, the Magnitsky Act is yet to be applied to a single Iranian individual or entity. There are many Iranian politicians and officials guilty of human rights abuses, including prison governors, military personnel, regional governors and others. Ebrahim Raisi himself stands accused of being responsible for a programme of mass killings in Iran.
Whatever the outcome of the nuclear talks in Vienna, the threats posed by this regime to the Iranian people, the peoples of the middle east, our own country and democracies around the world will not go away. UK foreign policy should reflect the reality of the situation. Any revived JCPOA that only deals with the nuclear programme is probably not worth the paper it is written on. The desire of those who wish to resurrect the JCPOA should not detract from the urgent need to recognise and develop a smart, proportionate and comprehensive strategy to resist Iran’s terrorist activity around the globe.
Should it prove impossible to secure a satisfactory deal, which I think is pretty inevitable, I concur with the right hon. Member for Clwyd West (Mr Jones) that the UK and other western participants should refer the regime’s nuclear activities to the UN Security Council, and we should immediately seek to reinstate the six resolutions that were suspended in good faith because of the JCPOA.
Dr Andrew Murrison (South West Wiltshire) (Con)
It is always a pleasure to follow the hon. Member for Birmingham, Selly Oak (Steve McCabe). I congratulate my right hon. Friend the Member for Newark (Robert Jenrick) on giving us this opportunity. I listened carefully to everything he said, and I agree with all of it.
In June 2019, I went to Tehran as Middle East Minister while Tehran was sinking shipping throughout the Gulf. I went there to remonstrate at its malign regional activities and to insist that it meet its JCPOA commitments, including the limits imposed on its enriched uranium stockpile. In hindsight, it was probably not the best use of my time; the truth is that the deal had been moribund since President Trump withdrew in 2018. Attempts to revive it have failed, and now it is comatose.
I suppose we should not turn off the life support entirely, but in my view we have no need to bust a gut trying to revive the plan. What we need is a stronger, longer deal. Indeed, with every day that passes, the JCPOA becomes less attractive: while Iran’s technical capabilities advance, the original terms become redundant and sunset clauses loom large. Some of those clauses have lapsed or shortly will—the UN arms embargo from October 2020; restrictions on ballistic missile-related goods next year; and, the year after, restrictions relating to Iran’s advanced centrifuge R&D. In 2031, the ban on weapons-grade uranium ends.
That said, we should not be seen to be a guilty party or a co-author of the plan’s coup de grâce. We have to stick with it, I suppose, to the bitter end. Iran too—at least, the potentially reconcilable part of it—wants to be perceived as keen to talk, but, with artful duplicity, says one thing and does another. The reported tenor of ongoing discussions is very much true to form. On Sunday, Iran’s Ministry of Foreign Affairs invited poor Josep Borrell of the European Commission to Tehran. His plaintive line following the meeting was that
“the more supply of oil, the better for the energy prices.”
How pathetic is that? It looks as though the European External Action Service, in its quest for purpose and relevance, has been all too eager to swallow a pro-Iran line that conveniently gets its members out of a tight temporary fix. Not for the first time, it is grossly misreading the Iranians in a disappointing display of naivety and self-service.
Borrell’s line suggests that the EU is prepared to swap Russian for Iranian energy, so the Doha talks go on with the Americans and the Iranians, bizarrely, in separate rooms. The reality is that Iran’s demands for compensation and guarantees are intractable. Those who believe Iran will settle for a deal in order to trade with the west misread the ideological basis of the regime and its President. They seek nothing less than the complete Islamisation of society and the elimination of western influence. Tehran has no desire to be our partner, even less our friend. Let us be quite clear in separating the good and great people of Iran from the regime: the two are plainly different things, as recent shows of unrest have demonstrated, and we should encourage the one and not the other.
Meanwhile, Iran ratchets up its pressure on the international community through the expulsion of IAEA officials. The day after Borrell’s meeting in Tehran, it showcased a missile launch, and we contemplate a uranium breakout time probably in weeks, certainly not months. The Iran of 2022 is very different from the Iran of 2015. Hardliners and the IRGC have tightened their stranglehold over the state and the economy. President Raisi has populated Ministries with Guards commanders responsible for atrocious acts of terrorism. We recall, as has been recalled already today—correctly so—his participation in the 1988 death committee, and in the extrajudicial murder of some 4,000 political prisoners.
Sanctions work. Tony Blair’s Institute for Global Change has revealed that, following the first wave of sanctions relief in 2014, Iran’s terrorist and military activity increased significantly. Kasra Aarabi writes:
“The number of militias created by the IRGC surged after this period, and the Guard’s presence abroad peaked, with the Quds Force expanding its operations in Iraq, Syria and Yemen.”
If that occurred under the previous relatively benign regime, what effect will sanctions relief—estimated to mean an immediate $90 billion windfall, and as much as $800 billion over five years—have on the zealots now in control? I suggest that sanctions relief at this time would not be a good move at all.
US special envoy Rob Malley called for a “stronger and longer” deal shortly after his appointment, and he is right. Alternatively, we could offer less for less, but we cannot offer more for less. The integrated review points the way. It says:
“Alongside our allies, the UK will hold Iran to account for its nuclear activity, remaining open to talks on a more comprehensive nuclear and regional deal.”
There is no specific mention of the JCPOA, which is very sensible. If we managed to reheat the JCPOA in its current form, we would have a stop-gap agreement at best, but the prospects of definitive talks and a long-term solution led by Washington will evaporate. Iran expert Professor Ali Ansari suggests we play it cool, and I agree.
Although we should not be complacent, we should not be worried about a no-deal scenario. The Iranian regime is struggling to rid itself of Israeli infiltration, which is preventing it from advancing its nuclear apparatus and security state. We all remember the killing of Mohsen Fakhrizadeh last year. Most recently Hossein Taeb, IRGC head of intelligence, has been dismissed, and on 22 May IRGC colonel Sayyad Khodaei was shot dead outside his home.
Nobody goes to Iran without being lectured about Britain being the source of all the country’s woes; the grievance culture stoked by the regime makes the SNP look rather like rank amateurs. It is mildly flattering to think that Iran’s rulers believe we are still so influential, albeit in their minds entirely malignly. Historically, however, the villain has been seen to lie elsewhere. This debate takes place amid Putin’s imperial war. He invokes Peter the Great, by reclaiming lost territory and advancing autocracy. There is no doubt that revanchist Russia and Iran have grown closer under Putin’s leadership. It has developed from a transactional, military relationship to one of shared ideological outlook, in so far as both countries despise the western world order and its culture, have a theological sense of mission for their countries, and talk in Anglophobic terms of grievance and resistance. Their shared paranoia about democracy has grown collaboration and suppression at home—and also abroad, notably in Syria.
However, it has not always been so. Professor Ansari points out that
“the greatest sleight of hand achieved by the Russian state with respect to Iran has been to reinvent its relationship from that of imperial predator to a fully fledged member of an axis of resistance against the west.”
Indeed, there is a strong argument that Russia—certainly not Britain—has been the chief cause of historic Iranian humiliation, imposing capitulatory treaties in 1808 and 1828, which lasted until 1921. Nascent Iranian democracy was stamped out by Colonel Liakhov of the Cossack Brigade in the early 20th century, as he shelled the Majlis in Tehran and executed constitutionalists. The parallels with the present day are pretty clear.
Lord Curzon described “avowedly hostile” Russian activities in Iran, and pointed out that
“piece by piece, partly by open war and partly by furtive nibbling, Russia has appropriated more and more of Persian soil.”
There are historic continuities in the Iran-Russia relationship, namely in Iran’s junior status, and Iranian popular sentiment against Russia. The 1828 Treaty of Turkmenchay ensured that Iran became a de facto vassal state, with strictures outlining Russia’s preference for the Qajar succession. Now, as then, Iran’s presidential candidates and Islamic Revolutionary Guard Corps leaders court Putin for his approval. In line with that junior status, we learn from Minister Javad Zarif’s leaked audio tape on the war in Syria that Russia
“entered the war by air force, but dragged Iran’s ground force to war too. We didn’t have ground forces in Syria by then.”
It is a candid assessment of Putin’s disregard for Iranian life, and reluctance to spill blood when he can use those he sees as inferiors. We see that, too, in Putin’s feeding the Ukrainian meat grinder preferentially with troops from east of the Urals.
But if the regime wants that kind of partnership, the Iranian people do not. The popular mood in Iran is antithetical to the Russians; we have seen that most recently in protests against Russia’s invasion. Meanwhile, the regime blunders on, blaming NATO and the west, and defending Russia and the UN. Again, that bifurcation has precedent. An Iranian member of the Majlis once wrote of the
“dislike of the Persian people for the Russians,”
which was based on
“wars…cruelty and aggression…encouragement given by them to the extravagancies of the Persian court…the ascendency they had gained by promising to maintain the succession…the many concessions they had obtained from the Persian Government…the undue influence exerted by them.”
He concludes that Russia is
“the home and centre of autocracy and ancient foe of all liberal ideas.”
That was more than 100 years ago, but it resonates with us today. That is why it is so important—so imperative—for us to call this partnership out, reveal its weak foundations, learn from the past, and support the good and great people of Iran in their struggle against a wicked regime.
Jim Shannon (Strangford) (DUP)
It is a real pleasure to follow the right hon. Member for South West Wiltshire (Dr Murrison), and I thank him for his contribution. I also thank the right hon. Member for Newark (Robert Jenrick) for setting the scene so very well, and other hon. Members for their contributions. It is good to see the House united, by and large, in the statements we try to make.
I have spoken about the complexities of the Iranian nuclear question on a number of occasions, and it is clear that we are fast coming to the stage at which we will need to do more than simply discuss or debate it in this House. We must register our concerns, but we need to act, and act urgently. I said the same thing six months ago, and I reiterate it today. Let me put it on the record that I am unashamedly a friend of Israel. I was a member of the Northern Ireland Friends of Israel group when I served in the Northern Ireland Assembly, and I am a member of the Friends of Israel here in this great House. I also have a close working relationship with the Iranian Government in exile, to which the hon. Member for Birmingham, Selly Oak (Steve McCabe) referred earlier. That is a good working relationship, and an opportunity to hear about human rights abuses and deprivations, which I will mention later.
There are many in the world who despair at the actions of Iran. On 8 June, the International Atomic Energy Agency board of governors voted overwhelmingly to adopt a resolution introduced by the United States, Britain, France, and Germany, censuring the regime in Tehran for non co-operation with the agency’s inquiry into nuclear traces found at three undeclared sites. Iran has a blatant disregard for democracy, freedom, and liberty, and for truth and honesty—it is as simple as that. They will tell lies ‘til the cows come home, as we often say. Indeed, the authorities in Tehran rejected the draft of that resolution, even before it was adopted. The May 2022 IAEA report, perhaps the most detailed and damning since its November 2011 report, made it clear that the regime had not been entirely open and honourable—what a surprise. I have heard it characterised as playing games with the agency. It did, and it must be made accountable for that.
Other Members have referred to the three locations that the IAEA had requested to visit. The regime razed the buildings, and removed structure and soil, yet the IAEA still found traces of nuclear material. The regime did not do the job terribly well, and that badly executed cover-up left an evidential base, which tells us as much as any sample could ever have told us. Action is needed as soon as possible. There are actions that have taken place that the regime does not want us to know about, and in light of the IAEA’s report stating that it has not provided explanations that are technically credible in relation to the agency’s findings at those locations, the only conclusion is that actions have been carried out contrary to the agreement. Again, that must be addressed.
I am pleased to see the Minister and the shadow Minister in their place, and I ask this: is the Joint Comprehensive Plan of Action dead, as the regime continues its nuclear provocations and breaches? Perhaps the Minister will answer that when he winds up the debate. Although the IAEA’s position had already come to be regarded as a potentially insurmountable obstacle to the JCPoA’s revival, each of the participants in that agreement remained unwilling to abandon the negotiations.
That situation did not immediately change in the wake of the IAEA board of governors resolution. Tehran even appeared to test that reaction before the censure was formally adopted, turning off two monitoring devices that the IAEA relied on for monitoring the enrichment of uranium gas at the Natanz nuclear facility. The measure was accompanied by a statement from the spokesperson for the Atomic Energy Organisation of Iran, urging western nations to “come to their senses”—perhaps it is time for Iran to come to its senses and see that it is time for decency, honesty and truth, and for it to drop the censure.
When that did not happen, the AEOI initiated plans to remove 27 surveillance cameras from several nuclear facilities. Many commentators described Tehran’s reactions as a final or fatal blow to the JCPoA. Those changes come at a time when Iran is already planning to install two new cascades of advanced enrichment centrifuges at Natanz, which could substantially speed up the rate at which uranium is enriched to Iran’s current high level of 60% purity, and potentially beyond that, even to 90%, or to weapons-grade. That should reiterate to all Members of the House that time is of the essence, time is short, and we cannot wait to take action.
On Monday 20 June, Reuters news agency, citing a confidential IAEA report that it had seen, reported:
“Iran is escalating its uranium enrichment further by preparing to use advanced IR-6 centrifuges at its underground Fordow site that can more easily switch between enrichment levels.”
Again, that is a very worrying development that we must be aware of and concerned about. According to Reuters:
“IAEA inspectors verified on Saturday that Iran was ready to feed uranium hexafluoride (UF6) gas, the material centrifuges enrich, into the second of two cascades, or clusters, of IR-6 centrifuges installed at Fordow, a site dug into mountain, the confidential IAEA report to member states said.”
The work was done on a mountain, in easily hidden places and under darkness.
On 7 June, in a joint statement to the IAEA board of governors addressing the regime’s implementation of its nuclear commitments under the JCPOA, the United Kingdom, France and Germany said:
“We are deeply concerned about the continued nuclear advances that the Director General documents in his report. As a result of Iran’s nuclear activities in violation of the JCPOA for more than three years, its nuclear programme is now more advanced than at any point in the past. This is threatening international security and risks undermining the global nonproliferation regime.”
The risk is at its highest ever. The axis of evil of Russia, China, North Korea and Iran threaten the very stability of the world. It is time, as others have said, to refer the matter to the UN, which is the body responsible, and it is time for a collective response. The world must unite against Iran. It is, as has been said, a rogue state that must be controlled. It cannot be allowed to roam free. Iran has disregard for human decency, as we all know.
In Iran, we witness some of the worst human rights abuses in any part of the world—I declare an interest as chair of the all-party parliamentary group for international freedom of religion or belief, which I have a particular interest in—with the persecution of Christians and of Baha’is. It is also about the rights of women to be women and to have freedom and liberty, but in Iran they face acid attacks on a daily basis. It has high rates of poverty and deprivation, yet it seems to find immense amounts of money to spend on its defence and nuclear programmes. Iran sponsors terrorism across the world and is involved in terrorism in the middle east, in the far east and elsewhere. It is time to bring it to book for what it does.
The dire situation could not be clearer, so our corresponding action must be just as clear, firm and immediate. I respectfully ask the Minister and her Department to act appropriately. I am keen to hear what more action we can take. Strongly worded statements are not enough. It is vital for the future of the planet and this world that nuclear arms are kept away from unstable nations and Governments such as those in Iran who have proven themselves not to be honest and open when it comes to their aims. Iran seeks the wanton destruction of Israel and other parts of the western world. We need to be vigilant, prepared and ready. We look to our Minister for a satisfactory response.
Jeremy Corbyn
On a point of order, Madam Deputy Speaker. I rise to correct a name that I gave wrongly in my speech. I said that Anoosheh Ashoori was in detention, but I was wrong to do so. The names that I wanted on the record were Mehran Raoof and Morad Tahbaz, who are in detention, and I obviously support a campaign for their release.
Madam Deputy Speaker (Dame Eleanor Laing)
I thank the right hon. Gentleman for his point of order and for having taken steps to correct the record immediately he realised there had been a mistake. The record now stands corrected.
Several hon. Members rose—
Madam Deputy Speaker
Before I call the next Member, I inform Members that if they were to take between seven and eight minutes—or less—for their speeches, we would not need a time limit and this reasonable, balanced and informative debate would conclude at about 3 o’clock, or just before then, which is about the right time. The hon. Gentlemen who seek to catch my eye are all experienced enough to make their remarks fit that seven-to-eight-minute limit.
Gareth Davies (Grantham and Stamford) (Con)
Thank you, Madam Deputy Speaker. Let me quickly congratulate my right hon. Friend the Member for Newark (Robert Jenrick) on an excellent speech and on securing the debate. It is important that we have the debate at this time.
If we look around the world today, we see that we live in extraordinarily dangerous times. We see the threat of terrorism at home and abroad and democracies being invaded. We have an increasingly emboldened China on the rise, and ever sophisticated cyber-threats from highly trained state operatives. But of all the threats that we face, a nuclear weapon in the wrong hands represents one of the gravest. As US President Obama once said, our scientific advances have enabled us
“to communicate across the seas and fly above the clouds,”
but they have also unleashed some of the most destructive and deadly weaponry imaginable. We must understand that threat and face it rather than shy away from the difficult decisions needed to keep us safe.
Close observers of the recent talks will tell us that negotiations have not exactly been going smoothly, but, as my right hon. Friend said, it is important that we have the opportunity to talk in this House about the threats that we feel Iran poses and why some of us are cautious about a deal, and to offer a view on what terms such a deal should take, if indeed we are to have one. Let me do that.
A nuclear Iran is a clear threat to peace and the world order. Iran has made clear its views on Israel’s mere existence and, obviously, a direct nuclear attack on Israel would become a real possibility. A nuclear-armed Iran would also be emboldened to increase its support for terrorist groups such as Hezbollah and Hamas. Regardless of how Iran may behave as a nuclear power, it could spur other regional rivals to seek out a bomb in response. The Government are right, therefore, always to be looking to prevent further development of Iran’s nuclear capability. However, there is clearly concern that, compared with 2015, Iran’s programme is more advanced and its leadership and priorities are different.
Sanctions do work, and they do hurt—Iran has about 40% inflation and millions live below the poverty line—but, as my right hon. Friend pointed out, Iran has done tremendously well out of oil sales. The Iranian central bank estimates that those were worth $18 billion in just the first half of the Persian year. Its economic motivations are therefore perhaps not as strong as they were previously, and that is why we should proceed cautiously with new talks.
For any agreement, you need trust, and lately Iran’s actions seem to demonstrate a lack of interest in building trust. It says that its nuclear ambitions and intentions are entirely for civilian purposes, as my right hon. Friend the Member for Clwyd West (Mr Jones) said in his excellent speech. So why has it enriched to 60%? Why has it turned off 27 surveillance cameras? Why has it developed uranium metal, which has no civilian use but lots of use in developing nuclear weapons? All the while, as my hon. Friend the Member for Harrow East (Bob Blackman) said, it has developed a significant ballistic missile programme, and it has had the gall to call for the Iranian Revolutionary Guard to be declassified as a terrorist organisation. Those are not the actions of a state willing to engage in peace talks or one that seeks to build trust with anyone.
Of course, I understand the motivations to engage with Iran, and we should try everything that we can to limit its ambitions. Put simply, we need greater restrictions if we are to have an agreement. We need a commitment from it to cease the production and installation of advanced centrifuges and the removal of enriched uranium as well as non-nuclear commitments that the so-called comprehensive agreement did not cover to end its ballistic missile programme and to cease funding terrorist organisations. Otherwise, we face bolstering Iran at a time when we should be restricting it.
Let it be said that I have put my views and concerns on the record. I genuinely wish the Government and the ministerial team well in tackling this great issue.
Let me conclude philosophically by saying that it is a great pleasure to be talking about this and Britain’s role in it at a time when people question Britain’s place in the world. We should never forget that this country represents just 0.8% of the global population, yet we have a seat at all the major international, multinational and security tables, including the G7, the International Monetary Fund, the JCPOA and the United Nations Security Council. We are one of the few nuclear powers in the world. So let it be said that we have a role to play in ensuring the security of our world and our people. I hope that the Government will take that responsibility as it relates to Iran very seriously.
Dr Matthew Offord (Hendon) (Con)
I thank my right hon. Friend the Member for Newark (Robert Jenrick) for this debate—it has certainly been a long time coming—on an issue of concern to many of us in this House. I pay tribute to him for his efforts in securing it. The contributions of all Members have been not only well reasoned but very constructive. The right hon. Member for Islington North (Jeremy Corbyn) raised issues that perhaps we do not all agree with, but it is important for us to consider them as part of today’s discussion.
The spectre of a nuclear-armed Iran has been looming for several years, and it presents a profound threat to our collective way of life. Only last night I gave a speech to the National Jewish Assembly, where I was asked at what point the United Kingdom would step in to stop the emergence of a nuclear Iran. I have to say that, if we fail to take action now, our later options will be a lot more extreme. The moment to take the appropriate action, under the JCPOA, is now.
It is almost unthinkable that the world’s greatest sponsor of state terrorism could be on the nuclear threshold, but that is the reality. Two of today’s speakers have mentioned Ahmadinejad saying that he would like to wipe Israel off the map, which could be taken in two ways. I think he was being provocative while at the same time speaking politically. The issue of the JCPOA and a nuclear Iran is not about Israel and Iran. It is not even about Sunni and Shi’a Muslims. It is about the Twelver Muslims, who have a different ideology and view of the world, which they would like to see adopted by other Muslim countries, and they would certainly like to see it in the western hemisphere as well.
This fundamentalist regime is responsible for the most heinous human rights abuses, both at home in Iran and, indeed, abroad. It is a regime that is committed to exporting violent ideology across the world, that has reneged on repeated commitments to the international community, and that has been found guilty in European courts of orchestrating terrorist events. I have mentioned previously that those terrorist events included the possibility of five parliamentarians—two of us are sitting here today—being subject to the violence and destruction orchestrated and founded by Tehran.
The entire integrity of the JCPOA and its ability to curtail Iran’s nuclear ambitions have been called into question by several of us for many years. Originally, we were concerned that there were no clauses in the JCPOA requiring Iran to stop transferring funds to terrorist proxies. It certainly did not seek an end to domestic human rights abuses in the country, or to end the testing of the ballistic missile programme. Those were all structural weaknesses of the JCPOA and we were very concerned about that.
It is not just centre-right politicians in the United Kingdom and the United States who are concerned about this issue. Senator Robert Menendez, the Democrat chair of the Foreign Relations Committee, recently questioned why his own Administration were trying to return to the JCPOA when it was
“not sufficient in the first place—and still doesn’t address some of the most serious national security concerns we have.”
He is by no means alone in reaching such a conclusion.
It is an inescapable reality that Iran’s systematic non-compliance with the JCPOA nuclear deal has rendered it dead, despite the efforts of the US and the E3 to resuscitate it. Yet all the available evidence suggests that the E3 and the US remain committed, albeit perhaps forlornly, to desperately resuscitating the 2015 framework. There seems to be no plan B under consideration.
The reported terms of the renewed nuclear agreement make for alarming reading. Not only will it leave much of Iran’s nuclear infrastructure intact; it will also receive enormous sanctions relief. It is clear that this will again fail to provide a long-term, sustainable answer to Iran’s belligerent nuclear actions.
The great risk is that, in the absence of an ambitious, broad and punitive nuclear framework, Iran will become a nuclear-armed state in a matter of years—perhaps just three. Buying time is not a viable strategy for the UK Government. At some point, the international community is likely to be faced with an Iranian regime arming itself with a nuclear weapon. We will have far fewer options in tackling that scenario than we do today.
The lesson that we learned from Iraq is that we do not invade sovereign states without a plan, so our plan must be formed now. If we are to avoid military action of any kind, we must seek an assurance from the Iranians that they will abide with an agreement.
One of the other great weaknesses of the JCPOA was its failure to address Iran’s blatant arming and funding of its terrorist proxies. That led directly to the conflicts in Lebanon, Yemen, Syria and other parts of the world. That was hard to stomach at the time and we need to address it again today.
We cannot allow funds, resources, men, manpower and money to go into furthering conflicts around the world. That would not only provoke greater incivility but provide more impetus for migration and create evermore refugees in the international community. We would be assisting in that objective, and we must stop it. These terror groups are primed to unleash, at any second, horrific violence against civilian targets across the world, all at the behest of their Iranian paymasters.
In her summing up, will the Minister provide justification for why we appear to be compounding the great mistakes of the previous agreement in 2015? Will she assure us that she is making it a priority to tackle this issue? I join colleagues in asking her to consider proscribing the Islamic Revolutionary Guard Corps. At the very least, we owe that to the British victims of that organisation.
I have previously welcomed the Foreign Secretary’s commitment to
“work night and day to prevent the Iranian regime from ever becoming a nuclear power.”
I hope that she will keep up that commitment, but does the Minister believe that the deal under consideration is truly capable of preventing Iran from getting its hands on the most devastating weapons known to man? In the event of a new JCPOA, can the Minister outline what further steps will be taken to build on what has clearly become a limited and ineffective mechanism?
Time is upon us, and history will judge us for the decisions we make today and on any future agreement. For the safety and security of not only the middle east but the wider world, we must do the right thing. That may be a hard decision, and it may be a difficult process, but failure to do so could ultimately lead to greater conflict.
Bob Blackman (Harrow East) (Con)
I add my congratulations to my right hon. Friend the Member for Newark (Robert Jenrick) and, indeed, the hon. Member for Birmingham, Selly Oak (Steve McCabe) on sponsoring this debate and allowing us to have our say as Back Benchers.
It is clear that we are seeking to challenge Iran’s capability to develop nuclear weapons. Given that the current President of the United States was Vice President during President Obama’s regime, which led to the JCPOA in the first place, it is no surprise that he will seek to resuscitate the deal struck at that time. However, we have to face up to facts, and the first fact is that, even if Iran has not acquired nuclear weapons, it is closer than ever before to achieving that aim. The UK and other participants in the JCPOA must insist on dealing with this new dangerous threshold, with many experts predicting that Iran could have a nuclear weapon within weeks. At the same time, the regime is announcing further steps to decrease co-operation with the IAEA and continuing its nuclear provocations in breach of the JCPOA. None of those activities has any credible civilian justification, according to the UK, France and Germany.
The regime’s nuclear advances are dangerous and illegal. The existing nuclear deal has proven to be totally and utterly inadequate and it has done nothing to end the regime’s pursuit of nuclear weapons. On the contrary, the UK’s softline approach has only emboldened the regime to continue its illegal nuclear provocations with impunity. It is therefore time for the UK and the rest of the west to adopt a firm policy towards the regime in Iran that holds Tehran accountable for its nuclear provocations rather than rewarding it with more sanctions relief, as has been suggested.
The UK and other western participants in the JCPOA must abandon their flawed approach to the nuclear deal and, as colleagues have mentioned, refer the regime’s nuclear dossier to the UN Security Council and reinstate previous UN Security Council resolutions that were suspended by the JCPOA. In fact, at the time that the sanctions were starting to bite and have an impact, we removed them.
Given the time restrictions, I will not go through my dossier of JCPOA violations that Iran has committed. I declare up front my interest as chairman of the all-party Britain-Israel parliamentary group, as an officer of Conservative Friends of Israel and as a very strong supporter of the National Council of Resistance of Iran, the resistance movement in Iran, which seeks to democratise Iran and restore freedom and democracy to it, as should be the case. I will concentrate my remarks not only on preventing Iran from achieving nuclear weapon status, but on Iran’s key motivation of providing strategic protection for the Islamic Revolutionary Guard Corps.
Any debate on ending Iranian aggression must include provisions for combating the IRGC. If we do not proscribe that organisation now, its threat will become only greater if Iran becomes a nuclear state. The reality is that, if Iran becomes a nuclear state, it will have the shield to use the IRGC to spread terrorism not just around the region, but around the world, and it will do so with impunity.
Iran is the world’s premier supporter of terror. The IRGC was rightfully proscribed by the United States in 2019 and I, like others, have been worried that the US is considering delisting it at Iran’s request. Far from delisting it, the United Kingdom should proscribe the IRGC, as should the rest of the west. However, despite the fact that one of our closest allies proscribed the revolutionary guard corps, we continue to drag our heels while Iran’s spider web of terror stretches across the middle east and beyond and begins to grasp at Europe, on our doorstep.
For those who are unfamiliar with the revolutionary guard corps, I will set out its pattern of supporting terror and spreading instability and its authoritarian grip over the people of Iran. The revolutionary guard corps openly supports Hezbollah by providing financial assistance, weapons, ammunition and military training. Hezbollah has reportedly acquired 150,000 missiles—I repeat: 150,000 missiles, targeted at Israel alone—and Iran continues to attempt deliveries of weaponry to the proxy to threaten others in the region.
The al-Ashtar Brigades is another IRGC-directed terror group. It has claimed responsibility for—rather, admitted to—several terror attacks in Bahrain and often calls for attacks against the British Government on social media. That brings this home: not only is this about other states in the middle east, but the British Government and the British people are under direct threat from the IRGC.
These terror groups are rightfully already proscribed by Britain, but we do not hold the organisation that funds and directs them to the same account. In 2009, it was reported that the IRGC was linked to the kidnapping of five Britons in Iraq, three of whom were murdered. One of the surviving hostages, Peter Moore, was kidnapped due to his work installing a system that would allow the Iraqi Government to understand how much international aid was being funnelled to Iran’s terror groups in Iraq.
More recently, although Britain stands steadfast with the people of Ukraine, reports indicate that the IRGC-controlled airline Qeshm Fars Air has made a minimum of seven flights to Moscow since April. According to retired US Admiral Craig Faller, it is likely that the airline is used by Iran to transport military aid and personnel. Given US reports in March that Russia was attempting to bolster its forces with Syrian mercenaries, is it not conceivable that the revolutionary guard corps is aiding the Russian invasion by transporting those troops and undermining British efforts to protect Ukrainian sovereignty?
The revolutionary guard corps has grown to have a powerful grasp over almost every aspect of Iranian life. It is holding the people of Iran hostage in their country. The decent people of Iran wish to see the country return to a positive role in the international community. I note the remarks of the right hon. Member for Islington North (Jeremy Corbyn), whom I rarely agree with, but the fact is that the decent people of Iran want a return to the norm in the international community and not to be a country that acts as a terror-supporting pariah state.
We must show the Iranian people that we are willing to hold the IRGC accountable for its nefarious activities in ways that the moderates of Iran cannot for fear of death and destruction. I simply ask the Minister: how many more terrorists must the Islamic Revolutionary Guard Corps fund, how many more innocents must die, and how many more must it kidnap before we finally proscribe it as a terror organisation?
Over the past few weeks, I have been inundated by emails from constituents calling on the Home Office to proscribe the IRGC in its entirety and to sequestrate its assets. I say to people listening out there: please bombard the Home Office with emails requesting that action to be taken—[Interruption.] No, the Home Office, because it does the proscription—that is key. We can therefore build the campaign to ensure—[Interruption.] I completely accept that the Minister cannot respond to this now, but my message, clearly, to the Home Secretary and colleagues is this: let us proscribe the IRGC in its entirety. Let us build the campaign across the United Kingdom to make that happen, so that the people of Britain can speak up for the moderate people of Iran and free them from that terrorist regime.
James Sunderland (Bracknell) (Con)
Time is short and we need to progress to the end of this debate, so I will be brief and offer a pragmatic view. I have listened with great interest to Members on both sides of the House and I broadly support the direction of travel. Of course, we are yet to hear from the Minister.
Of most concern to me is that the time needed to produce uranium for one nuclear weapon in Iran is now three weeks. That is called the break-out time and it has fallen from one year. Clearly, the nuclear aspirations, technologies and advancements have progressed significantly in Iran. I want to pose this question: how might the UK and other allied states in the middle east put Iran back on the road to peace and prosperity as part of the international community? However, this is also about working with Iran and doing what we can to help that regime.
The big question is about the restoration of Iran’s 2015 nuclear deal, the JCPOA, which has been mentioned. That was agreed with world powers, including China, France, Germany, Russia, the UK and the USA. As we know, the accord was unilaterally abandoned by the US in 2018 under Trump, who then imposed heavy sanctions on Iran. Those have been eased since Biden came into office, but this perhaps put Iran closer than ever to achieving nuclear power. Since 2020, talks have been revived, but only intermittently, so we need the US fully engaged again. Thankfully, indirect talks between Iran and the US began on 29 June in Qatar, with the EU mediating. All sides are agreed that a restored deal is the best outcome, but such a deal could still legitimise Iran’s nuclear transgressions. I am also told by some sources that a successful deal may bring Iranian oil back to the market, but, for the reasons outlined so eloquently by my right hon. Friend the Member for Newark (Robert Jenrick), I do not subscribe to that view, although I recognise the counter-arguments.
So where are we? Earlier this month, in response to a resolution introduced by the US, France, the UK and Germany censuring Iran, it took down 27 IAEA cameras, making tracking activity at its nuclear sites much harder. Iran has never been closer to a nuclear weapon. The stockpile today is 18 times the limit agreed in 2015. Iran has a missile capability—we know that—and in March 2022 the IRGC adopted a new independent branch called the Command for the Protection and Security of Nuclear Centres, so developments are worrying.
My first question to the Minister is whether we think that sanctions work—I think they probably do, for reasons outlined this afternoon—or whether they are redundant. Is a restored deal the best option for now, noting that Iran is doing this anyway? We know that Iran has committed nuclear transgressions since the 2015 deal. What assessment has been made of the viability of a renewed JCPOA in preventing Iran from achieving a nuclear weapons capability—again, noting that it is happening anyway?
We know that the sunset provisions of the 2015 deal are coming up to their expiration date. We also know that the international community could face either having to accept Iran as a nuclear power or, potentially, undertaking military action. That is a very stark choice. How much would we have to compromise to renew a deal that would prevent Iran from getting a weapon, noting that Iran is very close to getting that weapon?
For what it is worth, my take is that Iran should come back into the international community, as we do not want it to progress its activities alongside rogue states. But at what price? We need to better understand the relationship between Iran and its neighbours in the middle east; we also need to better understand the position of our allies in the middle east, to ensure that their needs are best met.
I suspect that it is pragmatic at this stage to call on the Government to extend the sunset clauses, enact a stricter monitoring regime, retain terrorist proscriptions, reinforce existing friendships and relationships with allies in the middle east and press against Iran’s destabilising impacts in the region, but I would want to see a way forward in which Iran is at the table as part of a solution. But, of course, nothing should be off the table.
Kirsty Blackman (Aberdeen North) (SNP)
I congratulate the right hon. Member for Newark (Robert Jenrick) on bringing this debate to the House, and I thank the Backbench Business Committee for ensuring that it could happen. There has been an awful lot of accord across the House today; it seems that we are all raising similar concerns and we are all keen to find a way forward. It is not quite a matter of semantics, but perhaps there is just a slight disagreement about the way forward and the best way to tackle the issue.
The joint comprehensive plan of action was never ideal, but it was better than no deal and we need to recognise that it was a major diplomatic achievement. The SNP joins Members across the House who have called for Iran to halt its activities that are in violation of the JCPOA. We hope to see detailed, precise and deep talks this week. There is an urgent need for a diplomatic solution and an urgent need to end Iran’s nuclear escalation.
We agree with the concerns that have been raised about Iran’s stated intention to end all JCPOA-related transparency measures and about the action that it has already taken in that regard. Transparency is incredibly important, and any future deal needs to put that at the heart of the agreements made.
There are other risks that have not been mentioned in the Chamber today. Bilateral work on tackling climate change and on tackling the Afghan refugee crisis is currently on ice because of the present situation. Regardless of escalation and nuclear uranium enrichment, the climate crisis and the Afghan refugee crisis are not going away. We must work to tackle them. As several hon. Members have said, we must ensure that we put people at the heart of our approach and that we work to improve human rights in the region, as well as ensuring that the people of Iran are decoupled from the action of their Government and given the opportunity to flourish.
We agree with the calls for the UK to use our place to press the regime—and to press all regimes that have issues with human rights or are committing human rights abuses, whether that is Iran, Saudi, Russia or any of the countries committing human rights abuses against their citizens or citizens of other countries.
I criticise the unilateral actions that Donald Trump took, on the basis that taking unilateral action on this is not the way forward. The way forward is for everybody to work together as international partners to get a settlement. The reality is that the situation is potentially worse than it could have been if those unilateral actions had not been taken. It is better to act in concert.
We welcome President Biden’s commitment not just to returning to the deal, but to strengthen the areas in which it is defective and extend the JCPOA. I have not much mentioned wider regional security, but we need to ensure that action is taken and that there is international co-operation with respect to Iran’s issues, its causing of regional instability and the actions that it is taking to destabilise countries around the world, as several contributors to the debate have mentioned. That needs to be a matter of priority.
As somebody who believes that we should not have nuclear weapons anywhere in the world, I am massively concerned to see the upscaling of Iran’s potential nuclear capabilities. We need to ensure that talks happen, whether that is around the table this week or in some future round of talks. We need to ensure that the UK’s international power is used to put pressure on, and to de-escalate the situation as quickly and as properly as we possibly can.
Bambos Charalambous (Enfield, Southgate) (Lab)
I thank the right hon. Member for Newark (Robert Jenrick) and my hon. Friend the Member for Birmingham, Selly Oak (Steve McCabe) for securing this excellent and important debate, and hon. Members across the House who have contributed to it.
The JCPOA was a landmark agreement. Labour fully supported the Vienna negotiations aimed at restoring it. We remain hopeful that a way forward can be found, including in the latest rounds of talks in Doha, co-ordinated by the European Union. It is absolutely right that the UK Government engage with those negotiations. We continue to believe that the JCPOA framework remains the best option to limit Iran’s nuclear programme, based on restoring Iranian compliance in exchange for sanctions relief. A pragmatic approach should be pursued, as the hon. Member for Bracknell (James Sunderland) said, and it is important that the US engages with Iran as part of the diplomatic process to restore the JCPOA.
In the short term, pressure must be applied on Tehran to reverse its enrichment programme so that it is within the limits of the initial agreement. Iran must also refrain from further steps that would reduce the possibility of a return to that agreement. In the longer term, however, the UK Government must show leadership. Our aims should be not just to restore the JCPOA, but to address the long-standing issues and other aspects of the Iranian Government’s actions that cause serious concern. These include much more than restricting and monitoring the country’s nuclear capability, important though that is. I note that the right hon. Member for South West Wiltshire (Dr Murrison) has called for a “stronger, longer deal”. Indeed, we are greatly worried about the destabilising influence of Iran, which poses a serious threat to security in the region. That is why I believe we must do more to hold the Iranian regime to account.
In 2018, as we know, the Trump Administration withdrew the US from the JCPOA. It was completely wrong for the US to walk away from the agreement and reimpose sanctions. That decision was taken without support from the other signatories to the deal, including the UK, and the reckless action of the US Government at the time has been deeply damaging. Since the American withdrawal from the JCPOA, Iran has flagrantly violated the agreement’s terms. It has pursued a dangerous path of non-compliance. It has increased the quality and quantity of its enriched uranium production far beyond the JCPOA limits.
As the hon. Member for Strangford (Jim Shannon) and the right hon. Member for Clwyd West (Mr Jones) have pointed out today, Tehran’s persistent refusal to co-operate with the International Atomic Energy Agency, the global nuclear watchdog, in matters including its inquiry into prior nuclear activities, signals Iran’s lack of transparency while it continues to increase its nuclear capability. For example, the IAEA has reported that Iran is enriching uranium up to 60% to produce highly enriched uranium, and in August 2021 the IAEA verified that it had begun producing uranium metal, which has little civilian purpose and is applicable to nuclear weapons development. As we heard from the hon. Member for Grantham and Stamford (Gareth Davies), nuclear weapons in the wrong hands are the gravest of all threats.
Earlier this month, the IAEA announced that Iran was removing 27 surveillance cameras from nuclear sites in what has been described as a “fatal blow” to the JCPOA and the monitoring of Iran’s nuclear programme. As Iran continues to escalate its nuclear activities, we believe that the IAEA’s inspection ability must be strengthened, and I would be keen to hear more from the Minister about the steps that the UK Government are taking to support the strengthening of the IAEA as a matter of urgency.
More widely, we know that the Vienna talks have stalled since March, not least owing to Russia’s invasion of Ukraine. I would like to hear the Minister’s view on the consequences of the invasion for the future viability of the E3+3 format, which has been the basis for negotiations with Iran for more than 15 years. We also know that Iran is currently holding up conclusion of the agreement, which would return it to its JCPOA commitments and restore US involvement in the deal. As has been noted, a new round of talks is under way in Qatar, and we welcome that, but we cannot underestimate the challenges and the importance of securing an agreement.
There has been increasing frustration with the Iranian intransigence that has been seen in these negotiations, and concerns remain that the regime is attempting to gain leverage for future negotiations while advancing its nuclear knowledge as talks are stalled. As was pointed out by the hon. Member for Harrow East (Bob Blackman), this may mean that at some point on its current trajectory, Iran will soon make irreversible nuclear progress, rendering the benefits of returning it to its JCPOA commitments meaningless. That is incredibly concerning. It remains our steadfast hope that a compromise can be found that will allow for the restoration of the nuclear agreement, which could then serve as a basis for addressing many other concerns.
We cannot talk about Iran without discussing wider issues, many of which have been rightly raised by other Members today. Although the JCPOA is a critical agreement to limit Iran’s nuclear capability, it does not address Tehran’s ballistic missiles programme, which is designed to deliver nuclear weapons, or its support for terrorist groups and militias throughout the middle east, including Hezbollah and the Houthis in Yemen. That was mentioned by the hon. Member for Hendon (Dr Offord).
These issues need to be addressed, and the Labour Party believes it is imperative to move them up the international agenda. We are seriously concerned about the threats that Iran has made against Israel. My hon. Friend the Member for Birmingham, Selly Oak referred to Iran’s stated desire to see Israel’s destruction. Moreover, the JCPOA does not hold Iran to account for its human rights violations against its own people, or for its continued engagement in state hostage-taking—an issue of which we in the House are acutely aware.
As was pointed out by the right hon. Member for Islington North (Jeremy Corbyn), Mehran Raoof and Morad Tahbaz remain in Iran despite the release of Nazanin Zaghari-Ratcliffe and Anoosheh Ashoori earlier this year. It is shameful that the Iranian regime continues to use the two remaining hostages as political pawns, and the UK Government must do everything possible to ensure their safe return home to the UK, as their families were promised.
As for the wider nuclear issues, we believe there is an opportunity for the UK to take a leadership role at the upcoming nuclear non-proliferation treaty review conference. The outlook at present is not good. Russia’s invasion of Ukraine has closed the space for dialogue on critical issues involving arms control, transparency and confidence-building. The flagrant violations of the Budapest memorandum send a dangerous message. Proliferation risks are very significant. There are also many crucial new issues that need to be addressed, including threats of emerging technology, especially in the domains of cyber and space. I urge the Minister to update the House on the UK’s priorities for the conference in August, and on how the UK can lead from the front on these matters internationally.
If diplomacy and efforts to restore the JCPOA fail, the consequences may be severe. The return of sanctions, a rapid expansion of Iranian nuclear activity, and a heightened risk of military tension in the region are likely outcomes. As we have heard from right hon. and hon. Members on both sides of the House today, there is broad agreement that the restoration of the JCPOA would be an important step, and I therefore ask the Government to continue to pursue every possible avenue diplomatically to help to promote and restore the nuclear deal with Iran. However, it is not the only step, and it should not be the only aim. We must continue to support our international partners, including Israel, by holding the regime to account, and we must ensure that the wider issues that I, and many others, have mentioned today are not left unaddressed by the UK and our international allies.
The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (Vicky Ford)
I am extremely grateful to my right hon. Friend the Member for Newark (Robert Jenrick) and the hon. Member for Birmingham, Selly Oak (Steve McCabe) for securing this important debate. I share their grave concerns, and those of many Members, about the potential for a nuclear armed Iran.
In his opening remarks, my right hon. Friend the Member for Newark said that it was important for the Government to listen to what Members say about this subject. We are listening, and it is my pleasure to respond on behalf of the Government. I am also grateful for the contributions of the other Members who have spoken, and I will try to respond to many of the points that have been raised.
Time after time, we have seen Iran take actions that directly undermine global security, freedom and democracy, and challenge the international order. The UK is taking a tough stance: Iran must end its threatening behaviour and destabilising regional activity, and must also return to its JCPOA commitments.
Iran’s nuclear programme has never been more advanced than it is today, and our objective remains to ensure that the country never acquires a nuclear weapon. The escalation of its nuclear activities is threatening regional and international peace and security, and undermining the global non-proliferation system. Along with our partners, the United Kingdom has worked intensively to find a diplomatic solution. Over the last year we have worked alongside Germany, France, the United States and others to find a solution that would return Iran to compliance with its nuclear commitments under the JCPOA.
In March 2022, we left Vienna after reaching the end of talks. At that point there was a viable deal on the table that would return Iran to compliance with its commitments and return the US to the deal, reversing Iran’s nuclear escalation and lifting US sanctions related to the JCPOA. Iran has not accepted the deal, and time is running out. Iran should urgently take the offer on the table; there will not be a better one.
I agree that the JCPOA is not perfect, but it does represent a pathway for constraining Iran’s nuclear programme. A restored JCPOA would provide a foundation for international diplomatic efforts to ensure that Iran’s nuclear programme remained peaceful in the long-term. As my hon. Friend the Member for Hendon (Dr Offord), my right hon. Friend the Member for Newark and the hon. Member for Strangford (Jim Shannon) pointed out, there are some issues regarding sunset provisions. The hon. Member for Birmingham, Selly Oak also mentioned the switching off of the cameras, as did my hon. Friend the Member for Bracknell (James Sunderland).
I want to make it clear that if Iran returns to the JCPOA, our priority is the extension of the sunset clauses and enabling a stricter monitoring regime. Should the JCPOA collapse, however, we will consider all options in partnership with our allies. Let me repeat that: if a deal is not struck soon the JCPOA will collapse, and in that scenario we will carefully consider all our options in partnership with our allies. Those options may include new sanctions. I accept that the JCPOA does not address wider regional security issues, but a return to the deal would contribute positively to regional prosperity and security in the middle east and could pave the way for further discussions on regional and security concerns.
Iran must stop its destabilising behaviour. We believe it is important to encourage Iran to take a more constructive approach to its relationship with its neighbours. The UK has long made clear our concern about Iran’s reckless destabilising activity in the region, including the political, financial and military support that it gives to militants and proscribed terrorist groups, including Hezbollah in Lebanon and Syria, to militias in Iraq and to the Houthis in Yemen.
Iran’s support for these groups and activities risks the security and prosperity in the region. They pose a direct threat to the UK and to our interests as well as to the safety of our allies. Regional security and that of our allies remains one of our top concerns, and we are working with allies to constrain Iran’s ability to conduct destabilising activities in the region. We will continue to do so, whether or not a deal is signed.
We will continue our work with allies and partners to hold Iran to account for breaches of UN security resolutions. That includes supporting enforcement of UN prohibitions on the proliferation of weapons to non-state actors in the region, including to Hezbollah and to the Houthis in Yemen. We continue to build on the existing co-operation between the UK and our partners to counter the activities of Iran and its proxies in the region, including in our work to support stability in Iraq and to end the conflicts in Yemen and Syria.
My hon. Friend the Member for Hendon mentioned the Paris bomb plot and his experiences at that time. The UK Government always strongly condemn the targeting of civilians and we welcome the fact that those responsible for that plot in Paris in 2018 have been held to account. We also welcome the work by the Belgian courts in convicting four individuals last year, including Asadollah Asadi, who received a 20-year sentence.
The integrated review outlines our contribution to maritime security, upholding the principle of freedom of navigation. The UK is working to ensure the safety of shipping in the middle east, including in the Strait of Hormuz. We deter Iran from disrupting maritime security through our contributions to the international maritime security construct and the combined maritime forces.
A number of Members mentioned sanctions. The UK continues to maintain a range of sanctions aimed at addressing Iran’s destabilising behaviour. We have over 200 sanctions designations in place. Those include the Islamic Revolutionary Guard Corps, and sanctions related to human rights, proliferation and terrorism.
My hon. Friend the Member for Harrow East (Bob Blackman) and others spoke in detail about the IRGC. We have made clear our concerns about its continuing destabilising activity throughout the region, and we maintain a range of sanctions that are working to constrain that activity. The list of proscribed organisations is kept under constant review, but we do not routinely comment on whether an organisation is under consideration for proscription so I cannot comment on that; I know that my hon. Friend understands the reasons why.
A number of Members spoke about those who have been detained, and in particular about Morad Tahbaz. The Iranian Government committed to releasing Morad from prison on indefinite furlough but they failed to honour that commitment. His continuing horrendous ordeal sends a clear message to the international community that Iran does not honour its commitments. We continue to urge the Iranian authorities at every opportunity to release him immediately. He must be allowed to return to his family’s home in Tehran without further delay. Morad is a tri-national, and we are working closely with the United States to release him.
Let me conclude by saying that it is in no one’s interest to see a nuclear-armed Iran. The UK is firm in its commitment to the security and prosperity of our allies in the region, and to working with the international community to hold Iran to account for its destabilising activity. We urge, and will continue to urge, Iran to cease its nuclear escalation and to conclude the deal currently on the table to restore the JCPOA while that is still possible. If that does not happen, we will work with our international partners to consider all options.
Robert Jenrick
I am extremely grateful to the Minister for her response, and to all my hon. and right hon. Friends and colleagues across the House for contributing to a thoughtful and informed debate this afternoon. I am particularly grateful to the hon. Member for Birmingham, Selly Oak (Steve McCabe) for supporting the debate, and to my hon. Friend the Member for Harrow East (Bob Blackman) for contributing and for his role on the Backbench Business Committee that made today possible.
We heard a range of views from across the Chamber today, but I think it was clear that no one spoke in favour of a return to the JCPOA as is. Numerous colleagues spoke in favour of a negotiated settlement with Iran, but all expressed concern at the terms of the JCPOA itself. I therefore ask the Minister to reflect on the contributions she has heard today, because I think there would be grave concern if she and the Government were to enter into an agreement that did not have, for example, extended sunset provisions or greater enforcement provisions or that permitted the de-proscribing of terrorist-supporting organisations such the IRGC. That does not seem to me, in the light of today’s debate, to be the will of this House. It would be unwise of the Government to sign an important international agreement for which there is little, if any, support in this House.
I ask the Minister to reflect on one further point. My hon. Friend the Member for Harrow East and many others eloquently said that it seems to be the will of this House, and of many outside, that the IRGC is proscribed. We have made great steps in recent years in proscribing both Hamas and Hezbollah following cross-party campaigns, and I think now is the time to take the next logical step and proscribe the IRGC. I ask her, on our behalf, to take that message to the Foreign Secretary and the Home Secretary, who have joint responsibility, and to ask them to take all steps to proscribe that organisation as soon as possible.
On behalf of all hon. and right hon. Members here today, I ask the Minister to pass on our thanks to her officials in the Foreign Office for their hard work in the talks thus far, and to ask them to take action to reflect the views of this House as they continue those negotiations on the country’s behalf.
Question put and agreed to.
Resolved,
That this House expresses grave concern at the imminent prospect of a nuclear armed Iran; calls on the Government in its ongoing negotiations in respect of the Joint Comprehensive Plan of Action (JCPoA) agreement to seek to extend the sunset clauses, enact a stricter monitoring regime, retain terrorist proscriptions, and expand its scope to include Iran’s other destabilising activities in the region.
50 Years of Pride in the UK
(2 years, 5 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Angela Crawley (Lanark and Hamilton East) (SNP)
I beg to move,
That this House has considered 50 years of Pride in the UK.
It is a huge privilege to lead today’s debate, which commemorates the UK’s first Pride march in London on 1 July 1972 and all the Pride events that have taken place in the 50 years that followed. I sincerely thank the Backbench Business Committee for allowing time for this debate, and especially for ensuring that we have this important debate in the Chamber during Pride Month. More widely, I thank everyone who has organised, supported and taken part in the many Pride events over the years. It is thanks to the many who protested, marched and fought that we have many of the rights that I enjoy today.
I also thank all the Members of this House who have bravely spoken out over the years about their sexuality, their gender and even their HIV status. It is more important than ever that this House reflects the society we have the privilege to represent. I thank them for representing their LGBT constituents and for raising LGBT issues on the Floor of the House, in Committee and in legislation. It is essential that we continue to strive for greater equality, not just during Pride Month but whenever we can in this Chamber and in this House.
The first London Pride event was a demand for progress, and it was organised by the Gay Liberation Front, the UK’s first direct-action human rights movement of openly lesbian, gay, bisexual and transgender people. The 1972 Pride march was attended by an estimated 2,000 people, who marched from Trafalgar Square to Hyde Park with the intention of combating the invisibility, denigration and constant shame in which most LGBT people were forced to live at the time. Those marchers were inspired by the Gay Liberation Front’s list of demands, many of which are thankfully now enacted in law.
The progress on LGBT equality in the 50 years since has been drastic and significant. We have seen milestones such as: equal marriage; the abolition of section 28; the recent work of Time for Inclusive Education in Scotland; and the diversity of families as we celebrate the increased routes to parenthood that now exist for LGBT families.
LGBT people are protected in the workplace by equality legislation and hate crime laws, which serve to protect against harassment and attacks, but these still occur all too often. I urge the Minister to add a full legislative ban on conversion therapy to the list of milestones.
I will let Members decide for themselves to what extent the Gay Liberation Front’s manifesto for gay members of society has been realised in the past 50 years. However, it is clear that many members of the trans community and many LGBT people of colour have been left behind. UK Black Pride’s 2021 report, “We Will Be Heard,” spoke of a general feeling of unsafety in public and increasing racism towards LGBTQI+ people of colour, with nearly half of respondents having been insulted, pestered, intimidated or harassed in the previous year, compared with 27% of white respondents. The report also spoke of hostile media coverage of trans identities, with 70% of trans and 62% of non-binary respondents saying they would feel uncomfortable using a public toilet. The majority of trans respondents said they would avoid using a gym or sports ground for fear of discrimination or harassment.
The reality, sadly, is that we have seen an alarming rise in hate crimes against LGBTQI people, and a report found that 64% of the LGBT community, including people like me, have experienced violence and abuse based on their gender or sexuality, with only one in five being able to access support. Given these worrying statistics, what is the Minister doing to tackle hate crime against the LGBT community, especially those with intersectional identities? Trans people in 2022 are facing the same hate crime and discrimination that many of the LGBTI community faced in the 1980s. What will he do to ensure the UK is the safest place to grow up for trans, gay, lesbian and non-binary people? What actions will he take to counter transphobia in the media and in society, especially with the onslaught of concerns that have been raised about sports and other areas?
I know that many people wish to speak, but in the time available I wish to say that as a country that has held Pride parades for 50 years, we should be taking a leading role in promoting equality at home and abroad. Yet, sadly, the direction that this Government are taking is worrying for the LGBT community. There are uncertainties around the Rwanda scheme. In answers to questions on the scheme, the Government have been vague as to whether LGBTI asylum seekers will be exempt from deportation to a country that was found in the Home Office’s own report to pose a threat to LGBTI people. I hope that the Minister will be able to give us an answer on that. We should be extending the hand of friendship and ensuring that the UK is the safest place. We should keep in mind the difficulties faced by those who may have to admit their sexuality for the first time as part of an asylum application. Will the Minister use this debate to announce that no LGBTI asylum seeker will be subject to deportation to Rwanda?
As we come to the end of Pride Month, with events across the UK and the world, and look forward to London Pride this weekend, we can reflect on the massive legal and social changes that have made the UK a safer, more welcoming and inclusive place for LGBT people. We can reflect on the people who paved the way for current and future generations such as me: those of us who have made radical decisions; those who have marched and campaigned for gay rights; and those who still bear the scars of discriminatory policies, which many of us in this House can only barely recall, but which some will recall only too well from first-hand experience. The SNP will continue always to strive for progress, equality and human rights, but we must push to fully promote LGBT equality.
I challenge the Minister to tackle hate crime; to do all he can to promote safe and legal routes to asylum in the UK; to ensure that for all the LGBT community facing oppression in their home states the UK will be a safe place and that they will not simply be returned to a place where their life may be in danger; and to champion LGBT equality at home and abroad. I want to know that my son will grow up in a world that in 50 years’ time is much more secure than the one I have grown up in.
Elliot Colburn (Carshalton and Wallington) (Con)
As one of the co-chairs of the all-party group on global lesbian, gay, bisexual, and transgender (LGBT+) rights, let me begin by wishing my constituents and everyone across the UK a very happy Pride as we approach London Pride this weekend. It is important to recognise how far we have come over the past 50 years, and it is pleasure to follow the excellent opening remarks from the hon. Member for Lanark and Hamilton East (Angela Crawley). It is poignant that this debate follows the one on Iran’s nuclear weapons programme, because this shines a light on how far we have come as a country; when there are still countries around the world today where being LGBT+ is punishable by death, we are lucky to live in a country such as the UK that protects our rights in law. Of course that does not mean that there is not still progress to be made and things that need to be done.
I have been incredibly lucky as a young openly gay man growing up in the UK. I was very supported by my family and my school was miles ahead of its time; Carshalton Boys Sports College had a fantastic, inclusive, relationship and sex education curriculum before it was mandatory. I have had nothing but excellent experiences in every workplace I have been in, so I have been one of the lucky ones, but that is not the case for every young person growing up who is LGBT+ in the UK today. That is why Pride still matters to this day and why it is so important to continue shining a light on those issues, because there are still people who think that they may be better off dead than being openly who they are. As long as that is the case, we must continue to celebrate, to be visible and to raise these issues.
Dame Angela Eagle (Wallasey) (Lab)
On people who still struggle with their sexual orientation, did the hon. Gentleman happen to see the documentary Dame Kelly Holmes has just broadcast, where she demonstrates with great heartache the problems that were caused in her life by the ban on gay people serving in the military, the misery that that has caused her, despite all her fantastic achievements, and how she is now striving to overcome it? Will he join me in wishing her all the best as she is now out and proud?
Elliot Colburn
I am very grateful to the hon. Lady for her intervention and I will absolutely join her in congratulating Dame Kelly Holmes on her bravery. Indeed, sport is one of the areas where we continue to see struggle for the LGBT community. We still see homophobia, biphobia and transphobia; they are very pertinent in sport, which is why it is important to continue to raise those issues.
My first Pride was back in 2012, which coincided with this place deciding on whether two people of the same sex could get married. It was a new experience for me. I did not know anyone else who was going, so I went along on my own, which I do not think I would have the confidence to do now. The experience of my first Pride really struck me and stayed with me. What it highlighted to me was that I have been lucky but only because of the brave people who came before me and gave up so much to fight for the rights that I enjoy today. I am lucky enough to come to this place and say, “I am an openly gay man and I have had a pretty decent life so far.” I thank everyone who came before us.
There is always more to do. That was touched on by the hon. Member for Lanark and Hamilton East, particularly in relation to conversion practices. I do not want to go over too much of the ground that I know has already been covered. The Minister was present in the debate that we led in Westminster Hall just a few weeks ago. I do not want to repeat all the arguments that were made there. I will just stress that conversion practices are still taking place in the UK today. The need to ban conversion practices is not symbolic; it is needed to protect people from undergoing harmful practices simply because of who they are. That surely cannot be acceptable in 21st century Britain, which is why it is so important to do so and, indeed, to make sure that such a ban is inclusive of gender identity as well.
I pay tribute to colleagues who, sadly, could not make it to today’s debate, but I know would have wanted to if their diaries had allowed. I am thinking in particular of my hon. Friends the Members for Redcar (Jacob Young), for Crewe and Nantwich (Dr Mullan), for Darlington (Peter Gibson), my right hon. Friends the Members for Dumfriesshire, Clydesdale and Tweeddale (David Mundell), and for Romsey and Southampton North (Caroline Nokes), my hon. Friends the Members for Southport (Damien Moore), for Bishop Auckland (Dehenna Davison) and many others. I am sorry if I have not mentioned all of them. I particularly pay tribute to the bravery of my hon. Friend the Member for Bridgend (Dr Wallis), the first ever openly trans Member of Parliament. I do not want to steal their story away from them; that is for them to tell. But I just wanted to put that on the record.
That leads me very neatly into my next point, which is on the current public discourse on trans issues. Again, the Minister was present in Westminster Hall when we had a debate on the reform of the Gender Recognition Act 2004. I do not intend to go over the specifics of that again, but I completely agree with the hon. Member for Lanark and Hamilton East about the current public discourse and the toxicity of the debate that has arisen around trans issues in the UK and, indeed, in much of the world at the moment. We have a responsibility to try to take the heat out of that discussion and try to calm things down and actually talk about the real issues—what is actually needed.
Much of the public discourse at the moment is completely nonsensical. It is driven in the most awful way. Again, the hon. Member for Lanark and Hamilton East—I am embarrassing her by referencing her far too often—hit the nail on the head. Much of what is said about the trans community today could almost be copied and pasted from the text books of history: things that were said about openly gay men, lesbians and bisexual people in the past, particularly around the threat they posed to the safety of women, to the safety of children, and to the rights to practise religion freely. Much of that is completely nonsensical. I really hope that, in this place, we can start setting a better example for the public discourse that we need to have and really take the heat out of it. I think the debate we had in Westminster Hall on reforming the Gender Recognition Act was a good one and got to the heart of some of the issues. Serving with colleagues on the Women and Equalities Committee during our inquiry into the GRA, I was struck, when we were taking evidence both from those in favour of reform and from those opposed to it, by how much agreement there was between the two sides.
Both sides agreed that there needed to be much better healthcare support for trans people in the UK, ranging from mental health support all the way through to more physical interventions. It was agreed that many of the structures that exist in both legislation and institutions do not currently work for the trans community or for anyone else. They agreed that there was a lot of confusion, and that implementation of exemptions within the Equality Act 2012 and the GRA, for example, was confusing.
Hannah Bardell (Livingston) (SNP)
The hon. Gentleman is setting out perfectly some of the challenges, but does he agree that there is a more sinister and deep-rooted issue with misinformation and disinformation that has been funded by the religious right and is seeping into our society, part of which plays into what is happening in the USA on abortion rights and reproductive healthcare? Does he agree that we must do something about that and we must work together cross-party to challenge that misinformation and protect our trans and nonbinary siblings?
Elliot Colburn
I absolutely agree with the hon. Lady; that could not be more true. One of the most bizarre things that seems to be invading the debate at the moment is the idea that a person will wake up on a Monday and suddenly decide that they are trans, and that by Friday they will have had invasive surgery that cannot be reversed. Of course that simply does not happen. There is so much misinformation going on about what is happening in the UK today, and we must not allow that to permeate the debate. I hope that parliamentarians can take that much-needed lead in calming that debate down and having a discussion based on fact and on what is needed to progress our country and make it an even better place to grow up LGBT+.
Coming back to that point, it is important that, when the Government bring forward the conversion practices Bill later on this year—I hope it will be later this year—it is trans inclusive. I hope the Government will make the decision to do that themselves, because there is no doubt that there will be an amendment tabled in the House, and I must warn my own Whips in advance that there is absolutely no way that I could fail to support such an amendment. It is much more desirable to come forward with that from the beginning. I particularly thank my hon. Friend the Member for Rutland and Melton (Alicia Kearns) for her fantastic campaigning on this issue. She has been quite superb.
I hope we will not allow this issue to become a wedge issue. Politicising the trans debate to gain electoral capital from it is not something that any political party should think is desirable. To any politician in this place from any political party who is thinking of doing that, I would point out that we already have an example of where it has not worked, in Australia. The Australian federal election was heavily fought on that issue, and it did not work. I would really advise against doing it.
I will wrap up my remarks, as I realise I have been talking for quite some time, but for me the reason Pride is still important and must still be celebrated today goes back to the point I made earlier. Some people believe they would be better off dead than being who they truly are. Pride is all about celebrating the fact that people can be who they are without living in fear, and that is pertinent given the current toxic debate going on in the country.
Of course we will find people who preach and say things that we find abominable or crazy, but overall Pride for me is about everyone just getting to live their lives in peace the way they want to—not bothering anyone else, not trying to impinge on anyone else or to tear down the foundation of society as we understand it, but just wanting to live their lives. Pride is so important to this day because some people still do not feel they can just live their lives. For as long as that is the case, I will continue to come here and celebrate my LGBT+ family and make sure that we in this House never forget how far we have come or how far there is to go.
Dame Angela Eagle (Wallasey) (Lab)
It is a real pleasure to follow the hon. Member for Carshalton and Wallington (Elliot Colburn), my co-chair on the all-party parliamentary group on global LGBT+ rights. I look forward to working with him over the coming period to try to ensure that a lot of the legal protections and acceptance that we have seen develop in our own country can be exported to other places around the world so that our LGBT+ friends across the globe can enjoy the same kinds of rights that we are here celebrating today.
We are here to celebrate an incredible journey towards the legal recognition and equal treatment for LGBT+ people that has been achieved in the UK in the past 50 years. This change is progressive and life-affirming, but it did not just happen. It did not just descend as an inevitability because time and history were moving on. It was campaigned for and won in the teeth of the most intense bigotry, ridicule, hostility, violence and intimidation. It has made our society better, safer, stronger and more respectful as a place to live and thrive than it was before. That is a tremendous achievement and it is what, essentially, we are here to celebrate on this 50th anniversary. It was won because LGBT+ people and their allies fought for it because they did not accept the status quo that they were born into and grew up in. They realised it was wrong, they wanted it to change, they had a vision of how it could change, and they went out and campaigned for that change.
But we know that LGBT+ rights are fragile and progress towards equality must never, ever be taken for granted. Look at the horrific attacks on Pride celebrations in Oslo just a few days ago if you think that Pride and LGBT+ people are accepted and respected as we would like to see across the developed world, let alone the rest of the world. Listen to the homophobic rantings of President Putin in Russia or Viktor Orbán in Hungary, scapegoating LGBT+ people for their own political advantage. Consider the Trump-enabler Steve Bannon’s comments as he celebrated Russia’s invasion of Ukraine. He said that he supported that attack because the Russians were not “woke” and knew “which bathroom to use”. When one thinks about those phrases and how they are weaponised across different countries, it is possible to discern that there are connections between people who are campaigning to get us back in the closet, to get women back in the kitchen, to get us to know our place, and to turn our society backwards. We have to beware of those connections.
Women in the USA are now experiencing the shocking reality of a bonfire of the rights that they thought were established and permanent with the reversal of Roe v. Wade by the Supreme Court. In the USA, some of those fundamentalist justices now have their eyes fixed firmly on same-sex marriage, the legality—for goodness’ sake—of same-sex relations, and even the use of contraception. This means that all the progress that we have been celebrating, and perhaps in our more complacent moments thinking could never be reversed, has just been reversed in front of the eyes of half the population of America. We must never forget that those same reactionary forces are lurking here in the UK working to achieve the same goal, often with generous fundamentalist funding from various nefarious organisations.
Before I warn more about backlash and the dangers that progress will be reversed, I want to take this opportunity to celebrate just how far LGBT+ people have come since that first Pride march wended its way from Trafalgar Square to Hyde Park 50 years ago. Unlike most of the people in the Chamber today, I was alive when that was happening, although I was not on the march. That would have been slightly too precocious of me, given that I was born in 1961—you do the maths.
The first Pride was organised by the Gay Liberation Front and attended by 2,000 people, as the hon. Member for Lanark and Hamilton East (Angela Crawley) said in her opening remarks. They were spat at, and they faced abuse on the streets for daring not to be ashamed of who they were, because repression and dissemination work best when people internalise the shame that those who want to keep them repressed try to put upon them. That is why the concept of Pride—of being proud and open and out about who you are—is such a powerful one. Again, it is the 50th anniversary of Pride in this country that this debate is celebrating.
That first Pride was a very different occasion from the carnival attended by 1.5 million people when we last had a Pride in London, pre-covid in 2019. I sincerely hope that this weekend’s 50th anniversary will resemble the 2019 carnival, rather than the first one. LGBT+ people have come a long way together with our allies, and we should all be proud of the progress we have achieved. Male homosexuality was only decriminalised by that pioneering Wilson Labour Government in 1967. Until then, jail awaited anyone who tried to be open about their sexual orientation. Many police forces carried out campaigns of entrapment, and gay men were regularly blackmailed, beaten up and prosecuted for being gay. Lesbians were not even mentioned in the law, and though their status was unclear, they too felt that they had to hide away.
When young people today hear about this oppressive history, they can scarcely believe it, so much have we managed to change by working together. That is the nature of the progress that we have achieved. Indeed, I watched Dame Kelly Holmes’s documentary yesterday. She went to see some LGBT Olympian boxers training together, and they did not even realise that when Dame Kelly joined the Army, she could have been dismissed in disgrace for her sexual orientation. They were astonished. This is massive change within only a few generations, and we should all be proud of achieving that.
The march to legal equality had many setbacks, not least the arrival of the odious section 28 of the Local Government Act 1988, which put back the cause of equality for years and caused untold misery for many of the most vulnerable people in our society at the most vulnerable time in their lives. Even now, it leaves a legacy of unaddressed bullying in our schools, which some teachers worry about confronting. The decision of the Thatcher Government to write into the law of the land the ridicule of LGBT+ relationships as “pretended”, and to ban what they called the “promotion of homosexuality”, led directly to the formation of Stonewall in 1988. It was the beginning of a more focused attempt to push for basic human rights to apply to LGBT+ people. Meanwhile, trade unions organised to support LGBT+ people facing discrimination at work and incorporated the fight for equality into their workplace bargaining.
Today is the first day of the TUC LGBT conference, and I wish them luck from this Chamber and send greetings for the work they are doing, but the TUC published a poll of HR professionals today, which demonstrated that one in five of UK workplaces does not have any policies in place to support LGBT staff at work, and only half of managers said they had a policy prohibiting discrimination, bullying and harassment against their LGBT workers in their workplace. Although we have changed the law, we still have much to do to ensure that all employers treat their LGBT+ employees with the respect they deserve and that employees are properly protected from bullying at work.
There are fantastically good examples of great progress, but there are also some places where there has been no progress. We ought to support the TUC and the LGBT TUC, who are doing their best to change this reality in the workplace.
All the work I have mentioned helped drive real change and increased understanding of issues that had remained hidden for too long. The increasing willingness of LGBT+ people to come out brought these matters into the open, and there was a softening attitude to LGBT people among the public. As someone who became a Minister in the 1997 to 2010 Labour Governments, it was clear to me that public opinion on this issue had moved faster than the previous Government’s attitudes.
Throughout the 1980s, hostility to LGBT+ people was used explicitly by the Government in their political propaganda to portray the Labour party as loony lefties—that is the phrase that was always thrown at us. That effort was enthusiastically supported and highlighted by the Tory-supporting red-top tabloids in lurid and bullying headlines, which are still imprinted on my brain today. You know, it worked, Mr Deputy Speaker. I remember vividly canvassing in Battersea for the now Lord Dubs in the 1987 general election, only to have doors shut in my face after being told that Labour only stood for—the House will have to excuse me for using this language, but I think it is important in the context—the blacks and the queers. That is how well the weaponisation of this stuff, which all centred around section 28, worked.
For some of us, the so-called war on woke began at least 40 years ago. It has been waged, often unrelentingly and always irresponsibly, ever since. The hon. Member for Carshalton and Wallington (Elliot Colburn) talked about wedge issues. He was absolutely right to call that out, because it is an example of the weaponisation of people’s vulnerabilities and personal characteristics to bully them, to other them and to make them feel that they do not belong in our society. It is that which we have to confront.
The fact that public opinion had moved beyond the ossified attitudes of many in the Thatcher and Major Governments created an opportunity for rapid legal reform to drive social progress when we returned to Government. We took that opportunity because we had a huge progressive majority in the House of Commons and public opinion was further ahead than even us in deciding that this change needed to be made. We lifted the ban on LGBT+ people serving in the armed forces—only after a court case, but that was how it was thought best to achieve it; we equalised the age of consent; we repealed section 28; we allowed unmarried couples, including same-sex couples, to adopt; we removed discrimination against LGBT+ people from the sexual offences statutes; and we legislated for civil partnerships, finally allowing same-sex couples to marry and to enjoy the same legal protections that were available in heterosexual marriage.
The House of Lords was then—it is not now—an implacable opponent of this crucial reform agenda. It delayed and opposed progress. It was especially stubborn in its refusal to contemplate the repeal of section 28 and the equalisation of the age of consent. We tried for three years to repeal section 28 and nearly lost three local government Bills in the confrontations we had with the Lords before we succeeded. We managed to achieve the equalisation of the age of consent only by using the Parliament Acts, as the House of Lords simply would not pass it.
All of this was done in the face of huge hostility in the tabloid press, which ran banner headlines about gay mafias running the country and Labour obsessing about gay rights. All we wished to do, as a Government, was to accord equal rights and freedom from discrimination in law to LGBT+ people, whom we wished to see treated as human beings in our society—equal and equally respected. The battle was hard and difficult, but it was worth it because we won.
When I first came into this House, I certainly never imagined that 30 years later, I would be sitting in one of the gayest Parliaments in the world. [Hon. Members: “The gayest.”] It is the gayest Parliament in the world. I often think that, particularly late at night when we are waiting for the votes that never seem to come. The fact that we are here in numbers, and across parties, means that we can work together to preserve the gains made and improve the situation for LGBT+ people in our country and internationally.
I end my contribution to this celebration of 50 years of Pride with a warning. LGBT communities are facing a backlash in the UK. Hate crime against the community is rising disproportionately. According to Galop, the LGBT+ anti-abuse charity, two thirds of us experienced violence or abuse last year, with nearly a third of that consisting of physical violence, and four in 10 trans people have suffered a hate crime this year. Much of that goes unreported in official crime statistics, but it all has a detrimental psychological effect on the individual victims.
The Government started with a positive agenda for LGBT+ rights, but that has now stalled. We look to the Minister to get it going again and ensure that it ends up at the destination that we all hope for, and I know he intends. Perhaps some in the Government are falling victim to that same temptation to pursue a divisive war on woke with a special focus on trans people. I know that he is not in that group of people, and I wish him all power in making his arguments. I hope that he can prevent that happening or getting any worse, because it singles out people who are already marginalised by portraying them as a threat or holding them up to ridicule.
All this official bullying has a familiar ring to it for those who were around in the 1980s, as I was. It is as reprehensible and destructive now as it was then, and it has to be defeated. We learned that the much-delayed yet long-promised ban on conversion therapy will now exclude trans people, and will contain a consent loophole that means it is not a ban at all. I have been a Minister, so I know how pragmatic the Minister will have to be to get the legislation on the statute book. Again, we will work cross-party to make that ban as effective, thorough and applicable across the board as we can. I hope that the Government will relent on the fact that there is currently no place in that ban for trans people. With that battle going on, it is no wonder that the UK has fallen from 1st place to 14th place in the International Lesbian, Gay, Bisexual, Trans and Intersex Association Europe’s ranking of gay friendly European countries. I want to see us back in first place.
Sadly, it seems that the Government have chosen to use LGBT people as a useful wedge issue as the general election approaches. I hope that whoever makes those decisions will step back from doing that and think about the damage it does. Those of us who support LGBT people will do everything in our power to make certain that it does not work and does not succeed.
Despite those setbacks, working towards true equality and full human dignity for LGBT people remains an important priority cross-party for all those who wish to live in a fairer and more inclusive society. That is what I will be marching for at the 50th anniversary of Pride, and I expect to see Mr Deputy Speaker—in some T-shirt no doubt—and all other hon. Members present along the way. We hope the weather holds out. We will be marching with pride for what we have achieved, with confidence that there is more to do, and with determination that we will do it.
Dan Carden (Liverpool, Walton) (Lab)
I congratulate the hon. Members for Lanark and Hamilton East (Angela Crawley) and for Carshalton and Wallington (Elliot Colburn) and my hon. Friend the Member for Wallasey (Dame Angela Eagle), who delivered a tour de force on the history of the struggle for equal rights. I really do feel humbled to stand in this place and think of the change that has come since those 2,000 brave activists took to the streets 50 years ago. They laid the groundwork for me and for others, as others have said, to have a happy life as an LGBT+ community.
Hannah Bardell (Livingston) (SNP)
As a queer woman and an openly proud lesbian, it is a huge privilege to speak in this debate in the House. I warmly welcome and congratulate my hon. Friend the Member for Lanark and Hamilton East (Angela Crawley) on her persistence, and on being an icon in the LGBT community—I am sure many young people in our movement and across the political spectrum look up to her. We have had some brilliant contributions so far and as we mark 50 years of Pride, it is important to reflect, as many have, on how far we have come, and to look at where we are and at the challenges we face in future.
I want to acknowledge a member of my staff, Amy Cowan, who helped me to prepare for today’s debate. I also pay tribute to my dear friend Michelle Rodger, who passed away last August from triple negative breast cancer. She was the most wonderful ally, who supported me through many dark times after I came out, and helped me to write and prepare for the many LGBTQ-themed speeches and events to which I was invited after I came out. I miss her dearly: there is a gap in my life and my team that will simply never be filled.
I also want to recognise some of my dear friends—a wedge of lesbians we could call them—some of whom are here to watch today’s proceedings. They are sisters who know who they are; women who have blazed a trail in all aspects of life, and worked so hard in their many fields to further LGBTQ equality. They include our chief lesbian, Linda Riley, who has helped me personally so much since I came out, and who does incredible work through DIVA Magazine and her tireless charitable work. Many LGBTQ people have a queer family, and they are just some of mine. Among them is also Jacquie Lawrence, who this week was awarded the Iris prize fellowship for her work and contributions to the LGBTQ+ community in the media, particularly representing queer and lesbian women, who are so often under-represented.
The hon. Member for Liverpool, Walton (Dan Carden) referred to the experience of our LGBTQ friends in the military, who have faced serious and deep discrimination. Jacquie was the commissioning editor at Channel 4 who commissioned “The Investigator”, the programme with Helen Baxendale that told the true story of some lesbians’ experience in the military. She has done pioneering work in her time, and she recently commissioned, produced and directed “Gateways Grind” with her Jackdaw Media partner Fizz Milton. Presented by Sandi Toksvig, it is a crucial, funny and brilliant piece of film making about the Gateways lesbian club in London. I implore hon. Members and those watching the debate to watch it.
I have my own family, and I am very grateful that they love and accept me. I am proud that my fiancée Emma and I are able to be open, live our lives freely and be accepted by our families. Many both home and abroad cannot do that. That is why we need Pride 50 years on, and that is why Pride continues to be a protest.
For many, Pride is personal. Local Prides have been something of a phenomenon across Scotland and the UK, and beyond. In my constituency, West Lothian Pride is a fantastic event that has brought the community together locally. We should pay tribute to those Prides and the people who run them, support them and fund them. Some will be able to choose to go out and join a march, a celebration or a parade, but some, be they here or abroad, may not be able to celebrate publicly because it is illegal in their country, because they are not quite there yet or because they cannot come out.
I have vivid memories of my first Pride march after I came out here in London: the love, the celebration and the sense of freedom. We have come a long way since the first Pride in London in 1972, when 2,000 brave activists marched. It now attracts an estimated 1.5 million people. But Pride is, and still should be, a protest. Although, as some have observed, there is a creep of commercialisation into Pride, I cannot help but feel a superficial glow when I walk down Oxford Street and see every shop window clad in rainbows during June. We see big corporate firms talking about their Pride networks and think, “How wonderful that so many corporations are embracing us, the LGBTQ+ community.”
However, when we scratch the surface and look up how many of those big companies actively support, embrace, employ and promote LGBTQ+ people, we realise that perhaps it is not such a rainbow-tinted picture after all and a fair amount of rainbow-washing is going on. Do not get me wrong: clearly many great companies are doing great things, but when we consider that there are still only eight female chief executive officers of FTSE 100 companies and zero openly LGBTQ+ ones, that does beg the question of genuine diversity and inclusion.
It is also legitimate to ask how those companies who sell rainbow tat, or indeed rainbow-branded stuff, are actually supporting Pride and LGBT people. My favourite one recently was the M&S Pride sandwich—that, Mr Deputy Speaker was lettuce, guacamole, bacon and tomato. To be fair, M&S was genuinely donating profits to the Terrence Higgins Trust, which is fantastic, but that does beg the question of whether some companies gloss over Pride with rainbow-themed mimics and benefit financially from our oppression while not really genuinely supporting our community. That is why, 50 years on, Pride is still a protest.
Pride is still a protest because, in 71 countries across the world, it is illegal to be LGBTQ—I am illegal in 71 countries. In 11 of those countries, the death penalty still exists for consensual same-sex activities.
Dr Kieran Mullan (Crewe and Nantwich) (Con)
The hon. Member is making a powerful case for the need for Pride and highlighting the extreme circumstances that people go through in other countries. One of the tests that I think we often ask ourselves is: would every gay person in this country on a late night out surrounded by drunk crowds feel confident to hold their partner’s hand? I am not sure that they would. Even in this country, there is a lot that we can still do on those issues.
Hannah Bardell
I thank the hon. Gentleman and absolutely agree with him. I have had experiences that I have had to report to the police, including being abused simply for holding hands with a partner, and that was in Scotland. That is a reality that many of us have faced, and we have seen in the press recently reports of members of the LGBTQ+ community being attacked and targeted simply for holding hands with their same-sex partner.
Some of those countries have been awarded international sporting awards, such as the Olympics and the World cup, and that is hugely problematic. People in those countries cannot enjoy the most basic of human rights or freedoms that many of us have. To be able to love and be loved and be yourself is truly and surely the most fundamental of human rights. It goes absolutely to the heart of who we are and how we express ourselves.
The truth is that, while in the UK we have the right to love who we want, to marry or be in a civil partnership with them and to have a family, there are still gaps in those rights and there is still huge prejudice. As we stand and sit here today, our trans and non-binary siblings are being subjected to a grotesque attack on their rights just to exist, to access healthcare, to participate in sport and wider society, and to be fairly represented in an increasingly hostile media.
I want to put it on the record here and now that I stand with my trans and non-binary siblings. I will fight for them, as they have fought for my rights against the tide of misinformation in the ’70s and ’80s —as well as before and since, against gay men and lesbians, as many Members have said—and against a hostile media and a hostile UK Government and Prime Minister, who seem intent on rolling back on promises to ban conversion practices against trans people and to reform the Gender Recognition Act 2004. I am delighted to hear Conservative Members being so genuine and speaking out and supporting trans people, but I know that they have challenges in their own party. We all have challenges. We all have members of our own party with whom we disagree, with whom we need to engage and whom we need to try to bring on board. But there is a threat to members of our community and our community in general.
I hope that in not too short a time I will be able to stand here and tell Members about the legislation that we will have passed in the Scottish Parliament to protect and promote the lives of trans and non-binary people so that they can live their lives happily, healthily and without fear of discrimination. We have made significant progress in Scotland. I am not saying that it is perfect, as I have outlined, but one of the most important things that we have done is embed LGBT inclusive education in our curriculum. Years of work and campaigning from organisations such as Stonewall and, of course, the radical work of Jordan and Liam at TIE—Time for Inclusive Education—have meant that little boys and girls, like my nieces and nephews, and like all our children, will grow up understanding that it is perfectly normal for their friends to have two daddies or two mummies, or be brought up by carers, in care, in a blended family or, like me, in a single-parent family. Inclusive education, despite the efforts of many, does not mean that we are indoctrinating or brainwashing children—quite the opposite. We are simply explaining to them that families come in all shapes and sizes, and they are all beautiful.
Let me illustrate the point. I was born the year that section 28 came into force. I also grew up in a single-mother family, at a time when Margaret Thatcher was the Prime Minister and was not just fond of spouting anti-LGBT rhetoric but of saying that women like my mum should be locked up in asylums. The lack of representation of LGBT people and the hyper-normalised heteronormativity pushed at us through the media and Government were enough to make me feel so much an outcast that I turned away from my own sexuality and suppressed it, until I was elected and was 32. I am willing to openly admit the profound impact that that has had on my mental health and relationships over the years. I read an article earlier in which Sir Ian McKellen talked about coming out in the ’80s and the liberation that he felt. He said:
“It changes your life utterly. I discovered myself and everything was better.”
Those words are so true. That is exactly how I felt when I first came out.
At the age of 39, as an openly queer woman, I am in a much better place, but that was not always the case. No child should grow up feeling like they do not belong. No child should grow up feeling like they are wrong or that who they love or the life that they seek is illegal. No child or young person should grow up feeling like they do not have the right to be themselves, to marry or to have children because of who they are or who they love. But that is how I felt, and it is, quite frankly, how we are making trans and non-binary people feel today. I have no doubt that we will look back on this period of political history and feel deep, deep shame—as we should—at the way we have treated and are treating trans and non-binary people, just as we look back at the appalling way that we treated lesbian, gay and bisexual people in decades gone by. Let us not repeat history.
I pay tribute to two friends of mine who are true icons, Jake and Hannah Graf, who are both trans and who recently welcomed their second child. I hope that the whole House will join me in congratulating them. I have loved watching their journey and seeing people in the media, such as the brilliant Lorraine Kelly, welcome and embrace them and their family. That will give hope to so many.
Pride is still a protest because: the 2020 LGBT health and wellbeing survey suggests that 71% of LGBT young people experience bullying in school on the grounds of being LGBT; reports of sexual orientation hate crimes recorded by UK police forces rose from an average of 1,400 a month from January to April 2021 to 2,200 on average from May to August 2021; two thirds of LGBTQ+ people have experienced violence or abuse, according to Galop; two in five trans people have experienced a hate crime or incident because of their gender identity; and LGBTQ+ people of colour or with a disability are increasingly much more likely to be discriminated against or abused. Those statistics should shame us all.
After Brexit, homophobic hate crime rose by 147%. Never let anyone tell you that Brexit brought people together. The narrow-minded bigotry that fuelled that campaign has dragged the UK down a dark ditch of homophobia, racism and bigotry. Those who have pursued that and who are implementing certain policies continue to threaten our rights, freedoms and democracy.
Pride is a protest 50 years on because we still face so many challenges, discrimination and marginalisation in the LGBTQ+ community, so let us never stop marching, never stop protesting and never stop speaking out for the rights of everyone in our community to love and live freely.
Mary Kelly Foy (City of Durham) (Lab)
I congratulate the hon. Member for Lanark and Hamilton East (Angela Crawley) on securing this debate, which is fittingly taking place on the final day of Pride month. When I think about the history of Pride in the UK, I think of not only the beauty and strength that diversity brings to our communities, but the struggle and discrimination that many LGBT+ people continue to face, with a staggering four out of five anti-LGBT+ hate crimes going unreported.
The Stonewall riots happened 53 years ago on Tuesday. It was a pivotal moment in LGBT+ history, sparking the flames of Pride. I pay tribute to every activist who has fought so hard for LGBT+ rights; their impact has been immeasurable. Fifty years ago, the first Pride protest happened in London. It has grown from just over 2,000 people attending back in 1972 to more than 1.5 million in 2019. If the House wants to know what solidarity looks like, it is more than 1 million people standing with their fellow humans saying that they are loved, welcomed and valued.
Since 2014, Durham Pride has brought together people from across the north-east. It has been nurtured by the inspirational Mel Metcalf and the entire Pride committee, who work tirelessly to ensure that the celebration gets bigger, better, more inclusive and more accessible every year. I was thrilled to address the crowd again this year. The sea of rainbows, glitter, sequins and solidarity that fills the event field is a sight to behold. Mel’s infectious enthusiasm for bringing people together to celebrate the freedom to love without discrimination is like nothing I have ever witnessed. Next year will see the 10th Durham Pride. I hope the whole House will join me in commending Mel’s fantastic work.
For 50 years, seeing the humanity and joy in people celebrating who they are at Pride has been vital. It is important because celebration is protest. When some parts of society would rather hide people away, that celebration is an act of defiance, and we must match that defiance with solidarity. At this year’s Durham Pride, the fabulous MC Tess Tickle described how, after past refusals from some politicians had left her feeling as though she was not accepted, her town’s new Labour mayor Carole Atkinson decided to proudly fly the Pride flag from Spennymoor town hall. For once, she said, she felt accepted by people in power. That shows the impact that the words and actions of elected representatives can have.
In this place, we have the power to make an impact. Shamefully, this place’s impact was felt for the 15 painful years when section 28 was enforced—15 years of shame. In a 1988 debate on the implementation of clause 28, Tony Benn said:
“The day will come when people will look back on this debate and be glad that there were hon. Members on both sides of the House who stood against what is an incitement to harass decent people”.—[Official Report, 9 March 1988; Vol. 129, c. 385.]
I would like to think that Mr Benn would have been rather pleased with the contributions in the House today by hon. Members speaking up for decent people around the country celebrating who they are.
I wonder how many of the first Pride marchers in 1972 thought that same-sex marriage would be legalised. It took until 2013, but the impact of our legislation has been felt. There is still so much to do on LGBT+ rights—too much. In 2018, the Government set out more than 75 actions to improve the lives of LGBT+ people in the UK by May 2022. It is now the last day of June 2022, but since 2019 two thirds of those actions have not been implemented. That is simply not good enough. Will the Minister tell me whether those actions are still Government policy? This Government promised to ban trans conversion practices, but they continue to drag their heels. They would rather light up buildings with rainbows than make any meaningful change.
Fifty years on from the first Pride event, let me be clear: Pride is a valued part of life in Britain, and we must do all we can to ensure that our country is progressive, welcoming and inclusive. I reiterate my pride in the hundreds of people who lined the streets of Durham on 29 May for this year’s Pride march to show their love, their understanding and their solidarity with our LGBT+ friends. It was a celebratory protest—a protest against fear, against hate, against being someone you are not, against the idea that only some of us are worthy. Most of all, it was a protest against anything that does not lift up love. It reaffirmed Rev. David Rushton’s words of support to the LGBT+ community that day: “Know you are loved.”
Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)
It is a real privilege to follow such brilliant speakers on both sides of the House. It is probably the only thing that we all share in common and agree about in this place, so it is a shame that those who disagree are not here to hear such brilliant speeches, the solidarity across the parties or the love, kindness, support, hope and optimism embodied in every single speech and intervention that I have heard so far.
Pride matters to me. My first Pride was not in Plymouth; it was Brighton Pride. I was young. I had brown hair in those days. I had an amazing time—and that is where I will put a full stop against it. It was fabulous. We all remember our first Pride: it is liberating, it is freeing and you get a real sense of knowing who you are. We need to ensure that 50 years of Pride are celebrated, we need to mark what has happened, and we need to celebrate the local Prides. Plymouth Pride on 13 and 14 August this year will be brilliant; I will be there. London Pride on Saturday will be brilliant, and I will be there as well.
Pride Month reminds us of the extraordinary progress that we have made in the past 50 years. Since the first Pride protest in 1972, we have achieved huge milestones in this country: equal marriage; gay adoption; gay and bisexual men being able to donate blood; the end of section 28; the equalisation of the age of consent; LGBT personnel serving in our armed forces, and so much more. But the LGBT community has never been a homogeneous blob of people; we have always been different, and it is that celebration of individualism, and our collective bonds, that has defined the past 50 years. To put it another way, we are all different, and we are all equal. However, the achievements of the past 50 years have created a belief among many that equality is a one-way street—that things only ever get better. There is a sense of the inevitability of progress. That is welcome—I am an optimist, and I want things to only ever get better—but we need to challenge the belief that while we must accept some bumps in the road, a challenge here or there, perhaps an obstacle to climb over, things will always get better, because it has led to a political consequence, the consequence of comfortable complacency.
I speak on the basis of my own experience as a cisgender gay man when I say that many of the members of the community with whom I associate most frequently have fallen into that trap of comfortable complacency. It is often affluent cisgender gay men who dominate the LGBT+ debates, taking the lion’s share of comment and the lion’s share of the voice. They sometimes complain about there being politics in Pride. I am sure that every Member in the House has heard this at some point: “Why is there politics in Pride? We shouldn’t have that; it is about rainbows.” We have politics in Pride because without the politics, there would be no Pride.
Dr Mullan
The hon. Gentleman has touched on an issue that concerns me sometimes. In the cisgender gay community, there can be what is almost a bit of distaste towards the more overt displays of sexuality and other such changes. I like to remind people that men in drag were at the forefront of the Stonewall riots, fighting for the rights from which more heteronormative-appearing gay people benefit. They should think carefully before wanting to distance themselves from people who are more overt in their displays of sexuality and orientation.
Luke Pollard
I have to say that I get camper by the year. I look back on my first speech in the House after my election in 2017, when I spoke about being gay, and about being Plymouth’s first ever “out” MP. I was cautious: I was careful with my words, because I was very conscious that the words I used could inspire some people but offend others. Since then, however, I have been on a diet of rainbows and glitter. It is so much better being honest about who you are, because when you are honest and authentically you, not only do you live a better life, but you allow others around you to live a better life. I think that no matter who we are, we should be encouraging everyone to be authentically themselves.
Part of that means challenging that culture of comfortable complacency and the idea that it only ever gets better. What we are seeing now, in America and, sadly, in the UK, are deliberate attempts to take us backwards—attempts to rewrite LGBT rights and to roll them back. Many of those who are comfortably complacent and are not active in this fight have not experienced that rollback, but we do not need to look far to find people who are experiencing it right now. They are members of a group within our big LGBT+ family: trans and non-binary people. The level of hate crime, the level of abuse, the marginalisation, the cutting and pasting of 1980s headlines that were applied to gay people then and are now being applied to trans and non-binary people—we can see the rollback of rights that is directly in front of us, but only if we open our eyes to it.
Our history is littered with examples of the policy that to conquer, it is necessary to divide. That is what we are seeing here, and that is why all of us, whether we are trans or not, need to stand with our trans and non-binary friends in the fight that lies ahead. This means ensuring that we have a fully trans and non-binary inclusive ban on conversion practices, and it means making a stand when attacks are made on their presence, their identity, their visibility, their legitimacy to exist. That is why we need to ensure that there is no rollback of rights, here or abroad. We need to ensure that there is no growing exceptionalism, with people saying, “LGB rights are fine, but those trans folk—well, they are different.” We have all heard that in our communities, and it is something we must challenge because being LGBTQ+ is not a single identity. It is a liberation of authenticity. It is a community where everyone is different, but it is those common bonds that make that community worth while. We must stand together, and if we do not address that comfortable complacency, hate will spread and breed more division.
Elliot Colburn
The hon. Member speaks powerfully about the need not to be complacent. Does he share my disappointment that at the same time as we are having this very collegiate cross-party debate in this Chamber today, there is a very reactionary debate going on right now in Westminster Hall? Does this not demonstrate the very point he is trying to make?
Luke Pollard
I have been watching the notifications on the Annunciator about who is speaking in that debate, and I really hope that that Chamber is experiencing the same uplifting warmth and generosity that we are in here, but I suspect that it is not. That is why we need to make sure we keep challenging.
Equality campaigns are not a military confrontation. We do not defeat the opposing side through their utter destruction and annihilation. We win an equality campaign by turning the people who oppose us so that they share our beliefs. We do that not with a big stick but with kindness, understanding and listening—but, my word, we will need a lot of kindness, understanding and listening if we are to win those fights. But win them we must, and that is why the culture of comfortable complacency must be challenged.
It is not for young LGBT people in our country to say that they are lucky to be here. It is not that they have been born by accident in a place: they are here and able to be themselves because of the work that was done in the past and that is being done today. This is not just something in our history books. The struggle is not something that is only in the past tense. That is something we must communicate to others as well. Telling our story means explaining where we are now, how we got here and where we are going—and that it matters. We need to recognise that, if we do not tackle that comfortable complacency, the attention will move to another group. It is targeting trans and non-binary people now, but who will be next? Which group will be targeted next?
There has always been hate against LGBTQ+ communities, and not just from those wearing fascist emblems and insignia. We need to recognise that hate turns up now wearing different clothes. It turns up wearing common sense, it is plain English, it is something about chipping away, not taking everyone on at the same time. Those forces on the right and far right of politics, and sometimes those with a perverted sense of religious values, have seen an Achilles heel in our democracy. They have seen the way in which they can roll back our rights by creating division within our alliances, our coalitions and our big families. Hate dressed up as common sense, fearful spectres, stereotypes and division must not pollute those big families, because at the heart of that big LGBT family are love, value and understanding. We must not lose sight of that.
This is not just about those who have a plan to divide us. It is also about those useful idiots who are content with breaking consensus, dividing communities and turning a blind eye to the violence that their actions encourage in order to get one step forward, a tactical gain, a partisan advantage or a few extra votes here or there by creating a wedge issue on which they can squeeze people and headlines that will bash a group so that they can avoid attention elsewhere. In Britain we know these people as those behind the culture wars. Every party has individuals like that within their movements, as the hon. Member for Livingston (Hannah Bardell) said.
We must each of us commit to engage and discuss this. It is hard sometimes, but we must do so to make sure that we are getting there, because as we have seen in America, we should be in no doubt that those who want to take us back have a plan. It is a long-term plan and will take many years for them to achieve it, but there is a plan and a direction of travel. The assumption that things only get better and that those who campaigned do not need to go as hard any more is part of their plan. That comfortable complacency is something they rely on.
We are seeing trans people being attacked in America, and the proponents of those arguments are now coming for a woman’s right to choose what happens to her body. Although we have a different set-up here in the UK, the US Supreme Court’s ruling on Roe v. Wade has the same consequences on this side of the pond: an attack on women’s rights, on bodily autonomy and on an individual’s choice of what happens to them. So totemic is that decision, it is not just American women who will feel the ruling’s consequences. When they come after a woman’s right to choose what happens to her body, who is next? We are already seeing it in Florida with “Don’t Say Gay,” with rainbows being painted over, with the status of LGBT-safe classrooms being removed and with LGBT young people being marginalised by their allies being afraid to say something. It is the return of section 28, and we need to be very conscious of that. Once it happens there, next it will be equal marriage and the other rights that LGBT citizens currently enjoy.
There are songs by Katy Perry and One Direction that are older than my right to marry my boyfriend. Hell, we all probably have spices in our kitchen cabinets that are older than the right to equal marriage in this country. This is a young right, a new right, and we know that young and new rights can sometimes be the easiest to sweep away. Let us commit ourselves not only to clearing out our kitchen cabinets every now and then—
Luke Pollard
Indeed, let us sort out our spice cupboards. We must make sure that we embed these rights, protect them, talk about them, value them and defend them.
I have spoken about the villains, so I will briefly talk about the heroes. These heroes do not wear capes. They are the allies and supporters of the LGBT community who create safe spaces for young gay kids to come out, they are the guys down the pub who have quiet words with their mates when their language gets too tasty, and they are the teachers who create spaces where LGBT bullying is not acceptable and is called out, but who also explain why so that it never happens again. They are not only politicians and celebrities; they are the army of ordinary citizens who know that love is love, that being different is not a crime and that our society is better and stronger when we can all be our authentic selves.
If we are to win and if equality is to triumph, it needs to be visible. Those in the public eye, like me and every Member who has spoken in this debate, need to shake ourselves of any notion of comfortable complacency. We need to amplify the voices of LGBT communities because, for all the pitfalls and perils we currently face, equality should be a one-way street. Things should only get better, but that will happen only if we have the determination to say “no U-turns ahead.” That requires constant campaigning, which is why visibility matters.
Mr Deputy Speaker, I am sure you were watching Glastonbury at the weekend when Olly Alexander, the undefeated king of queer pop, said
“any attack on any human being’s bodily autonomy is literally an attack on all of us. It doesn’t matter who you are, this affects us all.”
Olly is right. Trans, straight, gay, bi, male, female, queer and non-binary—they are all different and all equal. It affects us all. That is why we have to spread the positive message that progressive rights are hard fought for and can be easily lost. Solidarity in fighting for other people’s rights is a key part of protecting our own.
A few weeks ago I spoke in the Westminster Hall debate on the case for banning trans conversion practices, in which I spoke about my love of “Heartstopper.” Since then, I have been inundated with messages from young people telling me their story and what the series means to them. We need to recognise that this “Heartstopper” generation of young people is not just a cultural phenomenon. It is a political force, too.
Hannah Bardell
Does the hon. Gentleman agree that representation in the media is important? I grew up at a time when there was so little to watch. I watched “The L Word” for the first time when I was 32 years old, and it was so important to me. The fact young people now have so many programmes and such a range of content that represents their life and in which they can see themselves reflected back is absolutely crucial. The “Heartstopper” generation needs so much more of that content, and so do we.
Luke Pollard
I absolutely agree. I remember watching “Queer as Folk” on Channel 4 with the volume turned down as far as I could, in case someone heard. I also watched “Gladiators,” which was camp as hell. We must recognise that, too. Visibility does matter, and the generation of young people who were born into a world in which equality, authenticity and solidarity are not rights to be won but the inalienable possession of each and every one of them means they have taken political power. Those who have spoken in this debate stand on the shoulders of giants, those incredible campaigners who came before us. We need to recognise that there is an army of allies out there for whom this fight is real, because when they come for one of them, they come for all of us. That “Heartstopper” generation does not make a distinction between who is “L”, who is “G”, who is “B”, who is “T” and who is the “+“; they recognise that there is protection in the community in every single one of them. They each have a voice, their potential activism and a vote.
Finally, I wish to put on record my thanks to everyone who has spoken. The words from my hon. Friend the Member for Liverpool, Walton (Dan Carden) about LGBT personnel serving in our armed forces were especially powerful, and I hope that that report delivers real justice for those people, who have stepped up to serve our country and deserve proper justice. If Parliament is to have a 100th anniversary debate on celebrating Pride—and, my word, who knows how camp I will be by that point—we first need to defend it today. We need to make sure that there is no roll-back abroad or at home. That means the active participation of each and every one of us, not just those people who identify as LGBT+, our allies, but all those people within our wider community for whom things are all right at the moment. They feel that they do not need to step up, but we need to wake our LGBT family up from that comfortable complacency and get everyone fighting, because our rights are not inalienable unless we fight for them. We need to make sure that we keep fighting for equality so that every young person can grow up being authentically themselves.
Mr Deputy Speaker (Mr Nigel Evans)
I hope that medical research can advance sufficiently that I will be around for the 100th anniversary—I live in hope, too. We now come to the wind-ups and Kirsten Oswald.
Kirsten Oswald (East Renfrewshire) (SNP)
It is a pleasure to follow such a powerful speech from the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard), and I thank the Backbench Business Committee for granting this debate. It is an honour to sum up in this debate for my party, and I congratulate my hon. Friend the Member for Lanark and Hamilton East (Angela Crawley) on securing the debate and on her incredibly powerful speech. The speeches we have heard today have been absolutely worth listening to in full, every single one of them. The points made by the hon. Member for Wallasey (Dame Angela Eagle) about why this matters and why nothing should be taken for granted are ones we ought particularly to reflect upon.
Clearly, lot of the speakers today have spoken from the perspective of personal experience, and I cannot say that I do. But it is important that I stand up and speak today, and reflect on what I have heard, all the same. It is good to be speaking on the 50th anniversary of Pride. As we have heard, it is a time for people to come together in unity and celebration. We have heard eloquently today about why this movement has been born out of protest, and why both the celebration and the protest remain very relevant, because we have made so much progress but we are absolutely not there yet. It is brilliant that we have so many visible and powerful role models, a number of whom are in the Chamber today, and it is fantastic that Pride parades take place so widely. My hon. Friend the Member for Livingston (Hannah Bardell) spoke warmly about the local Pride parades, which are so important to communities. It is important that local authorities fly the flag—my local council in East Renfrewshire raised its Pride flag recently, which is fantastic—and that corporates wear their Pride colours with, well, pride. My hon. Friend spoke insightfully about what lies beneath that. Despite all those positives, clearly challenges remain and part of the way we continue to deal with those is by speaking out and trying to empower others to do the same.
For that to be possible, we need, for instance, to have an unshakeable commitment to proper, open education for young people. That is absolutely vital to making sure that we continue on a positive, inclusive road, and that we make these critical school years so much better than they were for my peers in the 1980s. For that to happen, work that groups such as the TIE—Time for Inclusive Education—campaign in Scotland do in making sure that inclusive education is delivered is hugely important, and I want to put on record my admiration for what they do. Our young people deserve to have inclusive, open and clear education, to have that confidence that goes all the way through their schooling that they are perfect and valued just exactly as they are.
I also thank LGBT Youth Scotland for what it does and for the really positive influence that it brings to the table. Obviously, here in this place, we often disagree, and that is healthy and vital for democracy. I wish to note the tireless work of Out for Independence, which is the SNP’s LGBT group, but I also applaud its counterparts in other political parties. That focus that political parties have on equalities issues, driven by the volunteers within these groups, is incredibly important for all of us here.
That broad input matters. The progress that we have made, and the progress that would be really easy to take for granted, is not guaranteed and is not worldwide. As we can see from the very depressing recent events in the USA, progressive policies can be reversed and rights can be removed. My hon. Friend the Member for Livingston and the hon. Member for Wallasey spoke very powerfully about the vested interests and the misinformation that lie beneath some of these regressive and discriminatory moves that we can see.
We need in this place to be ready to call out issues when they arise. We need to keep pressing for equality. That means that we have to speak out and that we have to decry the terrible plan to fly asylum seekers to Rwanda, not just for the very obvious straightforward reasons, but because the UK Government know full well the peril that that puts LGBT asylum seekers in. It means pointing out that that inclusive education that I just spoke about, and that the hon. Member for Carshalton and Wallington (Elliot Colburn) powerfully explained, really does matter. It means calling out dog whistle language and calling out those who would happily engage in what they would probably term “culture wars”.
My hon. Friend the Member for Lanark and Hamilton East was very powerful when she talked about hate crime statistics, particularly in regard to trans people. She very correctly reflected the similarity of some of that narrative to the period around section 28. I can remember that; it was all going on when I was at school. I am really glad that we have moved on from that particular issue, but we have heard here today, and we need to be frank about this, that the narrative around trans issues now is just as toxic—the othering, the misdirection and the hostility that we hear is disgraceful.
For the avoidance of doubt—I have said this before and I will no doubt say it again—I consider myself to be a feminist. That is in no way in conflict with my support for LGBT rights, or for trans people in particular. My rights are not threatened by other people having their rights respected.
As the hon. Member for Plymouth, Sutton and Devonport said so effectively, our rights—the rights of all of us—are better protected and far more secure when we do not permit the rights of any one group to be eroded.
The UK Government, the Prime Minister in fact, behaved very shamefully around the issue of conversion therapy—so-called therapy—when he U-turned and said that the support previously expressed for a ban on conversion therapy was no longer in place. That was swiftly followed by a partial U-turn on that U-turn—how confusing! None the less I do take my hat off to those members of the Conservative party who were absolutely scathing in their views about this. I am sure that some of that heat was responsible for the partial change of heart, and I applaud them for that.
The situation remains that, as things stand, the UK Government plan to ban conversion therapy in a limited way. There are very large holes in the provisions as far as I understand them. It is absolutely unjustifiable to exclude trans conversion practice from the plans being put forward. The suggestion that trans people would be excluded because it is too complex is both nonsense and shameful.
Elliot Colburn
The hon. Lady is making a very powerful case. Does she agree that the concern that has been raised by many charitable organisations rings very true? It is that, by excluding trans people, there is the potential to allow the conversion practice of LGB people to continue through the backdoor, by dressing it up as if it is conversion therapy on gender identity rather than sexual orientation?
Kirsten Oswald
I am grateful to the hon. Gentleman for that intervention. He is absolutely right, and that is one of the many holes within the plans, as I understand them, that need to be filled in. That really must be dealt with. That is why we must keep pushing for progress, including on that matter. Nobody’s identity should ever be up for debate. Nobody should ever need to fear being converted away from being themselves.
As I often have, I want to put on record my admiration for our Equalities Minister, Christina McKelvie, who is unstinting in her commitment to ensuring that that point is clearly made as Scotland moves towards a ban on all conversion practices. That is welcome progress, and progress continues in other places too, such as the Church of Scotland, whose general assembly voted this year to permit the marriage of same-sex couples—well done to them, I say—and the world’s oldest Methodist church, which I believe is in Bristol, which has started to marry same-sex couples to coincide with Pride month.
There is much to be positive about. We can see positive progress, but while we keep moving forward, we need to reflect. For me, the unstinting focus of Nicola Sturgeon on fairness and equality is very welcome in that context. We heard from the First Minister this week about our route to independence, and in her speech she once again made the point that the opportunity to build a better future was in a fairer, more inclusive country. The reason I support independence for Scotland is that I know it is a chance to improve the lives and circumstances of all the people who live in Scotland, and maybe to show that positive, fair, inclusive face to other countries around the world.
It is a real privilege to have heard the speeches in this debate and to be able to reflect on the points made. I know we still have work to do, but as I move forward with my work and look at how Scotland is moving forward, there is much for us to be proud of and much that we can build on in this Chamber. I know we can do that, and I look forward to a commitment both here and in Scotland to focusing on the principles that led to that first Pride march, 50 years ago.
Anneliese Dodds (Oxford East) (Lab/Co-op)
I thank the Backbench Business Committee for granting this debate and pay tribute to the hon. Member for Lanark and Hamilton East (Angela Crawley) for opening it. I also thank every single speaker in the debate. I think I speak for everyone here when I say that we have seen one of the best examples of this Chamber in operation this afternoon: we have seen passion, commitment and the personal history that is so important for Members to bring to bear on issues such as this one.
There is so much to celebrate in the 50th year since the first Pride march took place in London on 1 July 1972. Half a century on, life has changed for the better for LGBT+ people in our country in many ways, and we should be proud of that, as hon. Members have said. We should be proud also of the contribution of so many trailblazers from this place as well: Chris Smith, Maureen Colquhoun, my hon. Friend the Member for Wallasey (Dame Angela Eagle) and so many others. This was memorably described earlier as being now the gayest of Parliaments. It has taken us far too long to get here, of course, and there will be no Parliament in the world that does not have gay people in it; it is just that those people will far too often not be able to be publicly who they genuinely are.
It can be very easy today to look back and wonder whether that progress was inevitable, but, as speaker after speaker has said, it was not inevitable. That progress was won in the face of bigotry, ridicule, hostility, violence and intimidation. In the words of my hon. Friend the Member for Plymouth, Sutton and Devonport (Luke Pollard), it has most definitely not been a one-way street towards progress. There is politics in Pride, because these are issues about power over individuals and their right to autonomy.
When my party, Labour, voted for a resolution committing to lesbian and gay rights in 1985, it was during a period of extreme hostility towards LGBT+ people. Just two years later, of course, our opponents proactively campaigned against that position on LGBT+ rights at the general election and then, as many speakers have said, followed Margaret Thatcher’s section 28, banning councils and schools from the promotion of homosexuality as, in those bigoted words, “a pretended family relationship”. It was, of course, the last Labour Government who removed that terrible law from the statute book in 2003; who introduced the unmarried partners concession that committed the UK to ending discrimination against gay and lesbian couples for immigration purposes; who lifted the ban on lesbians, gay men and bi people serving in the armed forces; who introduced civil partnerships, in the face of strong opposition; and who introduced laws to allow unmarried couples, including same-sex couples, to apply for joint adoption, again in the face of hostility.
As so many speakers have said, today some of that hostility is less overt, but LGBT+ people are still being let down. We in this Chamber know that the Minister had ambitious plans to mark the 50 years of Pride through the flagship Safe To Be Me global equality conference, which was supposed to open this very day. Instead the Minister is here and there is not going to be that conference, for the simple reason that there would not have been anyone there for Government Ministers to confer with—not even their LGBT+ adviser, Iain Anderson. That is because his resignation and the withdrawal of over 100 LGBT+ organisations and charities from Safe To Be Me last April was a consequence of Government policy—the Government’s decision to reverse their plans to ban trans conversion therapy.
This is an international embarrassment. It shows that the Government need to rethink their approach on this issue, but so far we have not seen that. As has been mentioned, even the proposals to ban conversion therapy on the basis of sexual orientation still include the consent loophole that risks letting some of the worst practitioners off the hook.
The hon. Member for Carshalton and Wallington (Elliot Colburn), in a very illuminating and thoughtful speech, rightly referred to the Westminster Hall debate that recently took place on the subject of conversion therapy. I do not want to repeat the arguments from that debate, but it really is extremely disappointing that instead of coming together to talk about the fact that almost a dozen countries still have the death penalty for homosexuality and that in dozens of countries it is still illegal to be who you are, we are lacking that conference.
Dr Mullan
The hon. Lady is talking about the global nature of these issues. Sometimes we see what is going on in other countries as being separate from us. One of the things I have noticed in the media with regard to big-budget global movies is that in the west we have now started to see more and more progress with gay characters in some of them. However, when some of the big film studios put out films in China, such as a recent “Harry Potter” film that has a really high-profile gay character, they dampen it down because they are worried about how it will be perceived there. What goes on in other countries can have an impact in this country with regard to gay representation.
Anneliese Dodds
I am grateful for that important intervention, which links with some of the contributions from SNP speakers on the role and responsibilities of companies in this space. I pay tribute to the British Council, because the work it has done with the British Film Institute has been very important in making sure that some of the marginalised, discriminated-against voices of LGBT+ people are heard right across the world, including where they know that films they have produced have been viewed in some of the countries where homosexuality is illegal by Government fiat. That is incredibly important work.
We would argue that we really do need to see a change in approach on these issues from the current Government. We had hoped that the conference would be used to launch a new LGBT+ strategy, which it was suggested might cover, for example, IVF, trans healthcare and homelessness, but we are yet to see it. The previous strategy was abandoned but we are yet to see the new one. It does seem that there has been over-promising but under-delivery in this regard, with the LGBT+ action plan having been killed off, the LGBT+ advisory panel having been disbanded, and with promises to reform the Gender Recognition Act having been dropped.
We are also concerned about something referred to by many speakers—attempts to pit different groups of people against each other instead of standing up for LGBT+ people and bringing them together. Of course, that is taking place in a context where hate crimes against LGBT+ people in our country have doubled over the past five years. I extend my solidarity to the hon. Members for Lanark and Hamilton East and for Livingston (Hannah Bardell) and others who have been subject to homophobic and transphobic abuse—those who are in the Chamber now and those beyond it. My hon. Friend the Member for Wallasey provided some horrendous examples of the international nature of some of this hatred, especially that coming from actors from the far right and authoritarian right.
We need a different approach. The next Labour Government would not seek to divide people; instead, we would seek to bring them together. We would continue to protect and uphold the Equality Act 2010, including its protections for LGBT+ people. We would require employers to create and maintain workplaces free from LGBT+ harassment, including by third parties. As was mentioned in this debate, while some businesses are moving ahead, others are far behind in this regard; I associate myself with the remarks made about the importance of the TUC LGBT+ conference in that connection.
We will strengthen and equalise the law so that LGBT+ hate crimes attract the tougher sentences they deserve; they are not currently treated on a level playing field. We will ban all forms of conversion therapy outright, including trans conversion therapy, and we will modernise the outdated Gender Recognition Act 2004 while maintaining the Equality Act 2010 protections for single-sex spaces.
The inquiry has finally now begun on the case of LGBT veterans. We will never rest until we see that compensation, which is so needed, and things being set right for those veterans who were treated so appallingly. I pay tribute to my hon. Friend the Member for Liverpool, Walton (Dan Carden) for all his work and the work of those campaigners in Fighting With Pride. I heard directly from some of them recently, and their words were incredibly powerful about the disgraceful treatment meted out to some of those who did so much defending our country, and who frankly we should be proud of indeed, despite the shameful way in which they sadly have been treated by Governments and our society.
My party, the Labour party, is and always will be the party of equality. We stand up for LGBT+ rights, not because that is always easy, but because it is always right. To conclude, this week is about far more than celebrating the wonderful diversity of this country and the achievements of the past 50 years. As important as that is, it is about recommitting to ensure genuine equality for LGBT+ people, and that is not just important for LGBT+ people—as my hon. Friend for Wallasey said, it is important for all of society. As my hon. Friend the Member for City of Durham (Mary Kelly Foy) said, equality adds beauty and strength to our society. I would say that it also adds health, happiness, prosperity and decency.
The Parliamentary Under-Secretary of State for International Trade (Mike Freer)
I do not want to make this debate a political ding-dong, because these are usually very collegiate debates, but I am happy to have a private conversation with the shadow Minister about the actions of the Finchley Labour party and how it has used my sexuality against me in previous elections.
Moving on, I thank colleagues for their honest, wide-ranging and often very moving personal reflections as we celebrate the 50th anniversary of the first official UK Pride march. I am particularly grateful to the hon. Member for Lanark and Hamilton East (Angela Crawley) for securing the debate. I pay tribute to those who have gone before me and the rest of us in this Chamber, whose campaigning over many years has allowed me to be an openly gay, married Minister. If I may indulge myself, Mr Deputy Speaker, I thank my husband for his unswerving support. None of us could do our jobs without the support of our partners and families.
Before putting some more official comments on the record, I will cover some points that were raised and specifically asked of me. On the issue of transphobia, particularly in the media: I will always call it out. I have called it out repeatedly; I often contact the media to say, “Why are you not coming to me for comment, because what you’re printing is simply factually incorrect?” Yet when I ask the Government Equalities Office whether a comment has been sought from the relevant Minister, the answer is no, it has not. That is shameful. I am all in favour of a free press, but I do expect a free press to be balanced and factual.
On Rwanda, I am very conscious of the concerns, and they are concerns that I share. However, I have had fruitful conversations with the relevant Ministers and officials, who assure me that they are equally conscious of the issue and that every individual case—whatever the case—is dealt with on its merits before a decision is made. I can only say that I am keeping a close eye on how the policy develops.
I pay tribute to my hon. Friend the Member for Carshalton and Wallington (Elliot Colburn) and the hon. Member for Wallasey (Dame Angela Eagle) for their work on the APPG on global LGBT+ rights. The ability of those two powerful individuals to co-operate and lead the APPG makes it a force for good in this place and beyond. The hon. Member for Wallasey pointed to the recent murders in Norway, but it was not that long ago that a bomb went off in the Admiral Duncan pub. Sometimes we think these events only happen overseas, but they happen here in the UK as well.
The hon. Member for Liverpool, Walton (Dan Carden) and the shadow Minister paid tribute to Fighting With Pride. I joined it after it marched for the first time on Remembrance Sunday last year. Many ex-servicemen were in emotional tatters at that event, because for the first time they had been able to march with pride as service people. Their service had been recognised and they were able to wear their medals. Those of us who have not served have no idea: we cannot understand the power for service people of being able to march alongside their comrades.
The hon. Member for Livingston (Hannah Bardell) was right to point out the pernicious rainbow-washing that goes on. In my other portfolio, I spend a lot of time talking to international companies, and I take some comfort from what many of them are doing, especially in countries that are way behind us—although we have our challenges too—on equalities. It is wrong to pick out one company, because there are so many of them, but Diageo sticks out. In many countries where homosexuality is not legal or where there are gender pay gaps and gender discrimination, Diageo has been at the forefront. What struck me was that it was, I think, the first global company to provide full medical healthcare—not just time off; it paid for trans treatment—for trans people who were transitioning. It was at the forefront. To be honest, in those countries, such companies will have far more influence than a visiting UK Government Minister having a polite conversation with their opposite number. Although rainbow-washing is disappointing, many companies do very good work.
Hannah Bardell
The hon. Gentleman makes a powerful point about companies. A lot of corporate firms do now seem to be offering their trans and non-binary staff surgery or financing for surgery, including in the UK. That does beg the question of how good the healthcare is here. I have spoken to a lot of practitioners who are scared, who have turned down jobs or who do not want to go into this area of healthcare because of the hostile environment in the media, the misinformation and the way that they are targeted. That is something we can all work together to challenge.
Mike Freer
The hon. Lady makes a very good point. I was going to touch in my more formal remarks on the work that Dr Hilary Cass is doing and on the wider work of the Department of Health and Social Care to reform trans healthcare. I think we can all agree that it is not fit for purpose currently.
To comment on the reflections of the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard), I wish I were going to be here in 50 years’ time to see how camp he becomes. If am still alive, perhaps I will tune in.
It is absolutely true that politics has a role to play. I probably embarrass Peter Tatchell on a regular basis by saying that he is one of my political heroes. He did things that I would not have had the courage to do. There are many people who have fought our battles in ways that we would not have had the guts to go about them. Unfortunately, bigotry does not rest in any one political party, and I remember the terrible election campaign that the Lib Dems ran against him, which was really quite shameful.
On the politics, I just led an LGBT trade delegation to Texas and San Francisco. While I was there, I did not pull my punches—I was half expecting a telling off when I got back. I said that I simply did not understand the Florida and Texas approach on LGBT rights of “Don’t Say Gay”. I was quite blunt that my party made that mistake 30 years ago and it did not work. The whole point of “Don’t Say Gay” did not work then and it will not work today. I deliberately called it out at every opportunity when I was in the States.
I want to get some particular points on the record. The idea that LGBT issues are a modern phenomenon that is being driven by social media is complete nonsense. LGBT people have existed since life began. If people take the trouble to do the research on trans issues, they will find that in native American society, the two-spirit movement recognises what we would call trans, and it has been there since those people walked the earth. In India, there is a 1,000, 2,000, 3,000-year history—if we can go that far back—of trans people, who were revered in the Hindu faith for achieving perfect balance, like the two spirits. The idea that LGBT rights are a sudden modern phenomenon, fad or phase that we will all grow out of is simply nonsense.
As we reflect on the last 50 years and the progress that we have made, I am conscious that we need to double down to protect those rights. Many hon. Members in the Chamber, including me, are in a privileged position. I am white, middle-class and a Government Minister—I am insulated from many of the issues that our community faces—yet I feel the forces that appear to be gathering to try to roll back our rights. That is why, although we can have debates about policies, one of my primary objectives while I have this portfolio is to make a positive change to the day-to-day lives of those in our LGBT community.
Hannah Bardell
The Minister is being generous with his time. Perhaps I can offer him some advice: not long after coming out, I went to an event and was told a story about the late, great Robin Cook. Were it not for his passing, I might not be here. He stood against the tide, I think in his party and other parties, to decriminalise homosexuality in Scotland, which did not happen until 1980, even though I am advised that he was told by many people around him, “Don’t do it. Don’t touch it. Don’t get involved.” Perhaps the Minister can channel the spirit of Robin Cook and try to push the issue forward. He is making an incredible speech and I am glad that he is on the Front Bench, but perhaps he can try to persuade some of his colleagues to do the things that we all want to see to make sure that particularly our trans and non-binary siblings have the rights they need.
Mike Freer
The hon. Lady makes a powerful point. I reassure her that I am having constant conversations with colleagues across Government to ensure that we get to a place where we can find consensus. Interestingly, I started off by coming out in Scotland, and it was only when I looked back that I realised that I had broken the law, because the decriminalisation in Scotland happened after I had started my gay life as a student there—perhaps I should not be admitting to breaking the law as a young gay man in Scotland.
I will turn to some more formal points before I get myself into even more trouble. We have talked about healthcare, but we are also looking across Government at education, policing, public services and the armed forces to try to ensure that the day-to-day lives of LGBT people are improved. This is about reviewing LGBT issues, including the HIV action plan, which seeks to eradicate all new infections. The ability to have PEP and PrEP on the NHS are major breakthroughs. Equally, my colleagues in Health are aware of the need to look at the efficacy of sexual health clinics to ensure that getting access to testing is as rapid as possible to minimise the opportunity for someone to reinfect someone else if they have an infection. Equally, working with Professor Fenton, we are looking at the practicalities of how to make that happen, not just have a policy statement.
On homelessness, I am talking to my colleagues in the Department for Levelling Up, Housing and Communities to look at how we can address LGBT homelessness, which can sometimes lead to sex work in all its forms, and that is not being resisted. Across Government, all of my colleagues are on board to try to make practical improvements.
Again, I am speaking to colleagues in the Home Office about ensuring not just that we get hate crime accurately reported, but, working with our partner Galop, that we understand the nuances of hate crime. It is not quite as black and white as some people believe. This is about understanding what is really happening to see what more we can do either to amend the law or, possibly more importantly, to ensure that police forces react positively.
If I may, I will now turn to the conversion practices ban. I am very conscious that, with colleagues in the Chamber, we have had this conversation several times now. There is work on the Bill, and I hope to see the Bill come in in the autumn—September or October, I hope. It is currently not yet trans-inclusive, and we are doing a piece of work on the complex issues people have. I do not think it is right that we should always shout down people who have different views if those views are based, as they sometimes are, on a lack of knowledge. I think an open and engaging conversation with colleagues who have different views is the right thing to do. As I said in Westminster Hall, if we take some more time on that particular thorny issue, which is causing perhaps more heat than light, to build some consensus, that would not in itself be a bad thing and I am hoping that we can get to a better place.
Dame Angela Eagle
I thank the Minister for giving way on that point and for his contribution to this debate in general. Given that trans-inclusivity is likely to be carried either in this House or in the House of Lords when the Bill comes in, would the Government consider drafting such a clause so that, if such a decision is made, we can make certain that parliamentary draftspeople have done the appropriate job in what is a difficult drafting area? That would be a very positive thing that the Minister might be able to commit to today.
Mike Freer
The hon. Lady is tempting me down a path that I cannot go down. I am sure colleagues are well aware of how amendments get drafted, but the Minister for Women and Equalities and I have made recommendations on how we believe we can get to a more inclusive conversion practices ban, while addressing the concerns that have been raised elsewhere.
On hate crime and policing, we are also working with the Minister for Crime and Policing to ensure that police services are fully aware of all the complexities of addressing the issues of drug and alcohol abuse, and how that may present itself in crime, so that our police forces are entirely sensitive to all the factors that might lead to certain behaviour. We have talked about the issues of survival sex, and I would again link that to the work we will be doing on LGBT homelessness.
The shadow Minister was a little bit harsh about the action plan—that is the name of the game—but I am not going to be bothered about whether I have this document or that box ticked. I am focusing on practical steps to make genuine changes to people’s lives.
On education, £4 million has gone into boosting the anti-bullying campaign, whether that is homophobic bullying, biphobic bullying or transphobic bullying. The whole bullying piece has been funded to a better degree to ensure that schools are well equipped to deal with all the issues that our teachers may have to deal with. We will also ensure that our sex education programme is fully inclusive, and that guidance has been issued.
One problem we face when dealing with these issues is a lack of data. We have made a call for evidence, and we are encouraging partners and the private sector to do more work to get accurate data about the make-up of their workforces, client banks and customers, so that we can base our decisions on real data, rather than assumptions. That is the right thing to do.
We spoke about the armed forces. Many years ago it is true that the Ministry of Defence did not cover itself in glory—that is being polite—but the MOD of today is transformed in terms of the work it is doing to address those historical injustices, by restoring medals, expunging dismissals, and with the work currently being done to consider the wider implications of such treatment. That is a welcome step, and I pay tribute to my colleagues in the MOD. We must also mention the work on looking at historical convictions in civil society. The disregards and pardon schemes are still there, but we must do more to ensure people are aware of that. Too few people are coming forward to look at their previous convictions and see whether we can get them expunged.
I know we were disappointed that we had to cancel the conference, Mr Deputy Speaker, but that does not mean that the work we are doing on the international stage is abated. We continue to spend money, and funds are available to help NGOs to challenge legal discrimination in many countries, especially in the Commonwealth. That is often a powerful way of changing the law. Lord Herbert is leading that work overseas with the full backing of the Foreign Secretary, and both domestically and internationally the Government are working on practical steps to improve the lives of LGBT+ people.
Angela Crawley
I thank all Members who have contributed to today’s debate. It has been an informative and, as always, passionate debate, but as we heard from Members across the House, we cannot underestimate the potential for a backlash. We must guard against that in this House and everywhere possible, to ensure that in the future, the rights that we fundamentally take for granted are not taken back. These are fundamental human rights. Above all, I wish everyone celebrating this weekend a very happy Pride.
Mr Deputy Speaker (Mr Nigel Evans)
Sometimes I think I am a poor gay. I do not like the Eurovision song contest, and I have never been to a Eurovision song contest party in my life—unlike, I suspect, everybody else here. “Heartstopper”, however—well, we did not have a programme like that when I was a kid. It would probably have been illegal. What an incredible production that is. Not only is it there, but it is now going into its second series. Sometimes when people ask me why gay people make a big song and dance when they come out as gay, I tell them, “It’s because of people like you asking questions like that, because you don’t understand the trauma that so many people go through to come out as gay, or indeed why so many people in this country do not come out as gay.”
As we have said, in 71 countries it is still illegal to be gay. I remember being chair of the Inter-Parliamentary Union, and battling with MPs from other countries even to discuss gay items. Let me say from the Chair, that I will continue to fight for gay rights throughout the world. We may have won lots of battles here, and we still have battles to do, but I, and I am sure everybody in the Chamber, will continue to fight. We will not forget the pressure that many gay people live under.
The last Pride I went to was in New York. I went to Stonewall and wore a t-shirt to say that I was a Member of Parliament, and that we had more openly gay MPs than any other country in the world. That made me proud. What do we do? We get gay MPs elected to the British Parliament. We have gay Ministers, we fly the Gay Pride flag from Government Departments, and we will fly it from Parliament as well. When we came to elect a Deputy Speaker, MPs here—both gay and non-gay—voted for an openly gay man to be a Deputy Speaker. That makes me proud. So, to everybody, have a great Gay Pride on Saturday in London and a great Gay Pride wherever you happen to be.
Question put and agreed to.
Resolved,
That this House has considered 50 years of Pride in the UK.
Child Sexual Exploitation and Safeguarding in Oldham
(2 years, 5 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Jim McMahon (Oldham West and Royton) (Lab/Co-op)
May I say how moving I thought the closing of that debate was, and your contribution in particular, Mr Deputy Speaker?
I thank you, Mr Deputy Speaker, and the Opposition Chief Whip for granting me permission to bring this important debate to the House of Commons Chamber. As those in the House will be aware, it is rare for a Front-Bench spokesperson to take to the Back Benches to lead an Adjournment debate. It reflects the issue of safeguarding and child sexual exploitation in Oldham, and allowing this debate to be had highlights just how important that is. The debate builds on the joint statement issued by me, my hon. Friend the Member for Oldham East and Saddleworth (Debbie Abrahams) and my right hon. Friend the Member for Ashton-under-Lyne (Angela Rayner). I intend to use this time to focus on victims and the report’s findings; focus on safeguarding challenges during the period covered by the review; and touch on the disinformation campaign surrounding that.
Child sexual exploitation is a painful reality that both sides of this House recognise. It is in every community and we must fight it together. The report of the national independent inquiry into child sexual abuse chaired by Professor Alexis Jay was published in February. Its stark conclusions demonstrate that children are sexually exploited by organised networks in all parts of the country, in the most degrading and destructive ways.
Last week, the independent assurance review into historic child sexual exploitation in Oldham was published. It is important the House has an opportunity to debate it. I place on record my thanks to those who led the independent review team, notably, Malcolm Newsam, who I am sure the Minister will know from his work with the Home Office, and former senior police officer Gary Ridgway.
On the report’s release, Mr Newsam said:
“We found that throughout this period, especially services tackling child sexual exploitation provided by Oldham Council and Greater Manchester police were strategically ahead of those available in many of the local authorities at the time. However, these did not always translate at an operational level into the effective safeguarding of children experiencing sexual exploitation.”
He went on:
“Our own review of a sample of children has exposed significant failings in the protection provided by the statutory authorities to those children. We understand that Oldham Council and Greater Manchester police have agreed to review the management of these cases to consider whether any further action can now be taken in respect to the man who exploited these children.”
In that context, it was right for Greater Manchester police and the council to accept the findings in full and to give a full and unqualified apology to those who were let down.
In response, the council leader, Amanda Chadderton, told the press conference on the day:
“The vast majority of those children received the support they needed and were kept safe. The report references some of the commendable work of our social workers in children’s homes, but what is clear is that that was not true for all children, and one child let down is one child too many. It is absolutely imperative that our residents have confidence in those people who work to protect our children.”
The report included the case of Sophie, whose abuse began in 2006 when she was just 12 years old. There were a further 10 sample cases, which were later referred to the Messenger project, but they were not adequately followed up by Greater Manchester police or by social services. The council has confirmed that, during the review period, 11,000 safeguarding referrals were made to the authority and that the vast majority would have received appropriate support and safeguarding. But let us be absolutely clear: that is of no comfort to survivors who did not get that support.
Debbie Abrahams (Oldham East and Saddleworth) (Lab)
I know that my hon. Friend feels grief, as I do, at what too many of our young people have been through. I want to commend, as I think he will as well, the victims for coming forward. They have shown courage in retelling their story, and that must have caused them pain. We also condemn the horrific crimes against them. Is he as concerned as I am about the failings in our institutions, including the council and Greater Manchester police, and among certain individuals? Does he, like me, want a reassurance that, if they have been negligent in their responsibility to protect these vulnerable children, they will go through a disciplinary process?
I apologise for this long intervention, Mr Deputy Speaker, but may I also ask my hon. Friend whether he has confidence that what is being proposed under Operation Sherwood will deliver by enabling victims to come forward and ensuring that offenders receive the full force of the law and are punished for the crimes that they have committed?
Jim McMahon
My hon. Friend makes very powerful points. It is clear that victims have been let down. When they went to the people who were there to protect them—social workers and police officers—they were left standing alone. Even with the passage of time, we need to make sure that the perpetrators, who carried out those disgraceful acts of abuse over a long period, feel the full weight of the law. Frankly, as leaders we put our trust and confidence in the professionals, the police service and social workers to do the right thing and to always step up to make sure that nobody falls through the gap. If there is any evidence that any professional reviewing those cases did not take the action that we would all demand and expect, that absolutely has to be reviewed and revisited, whether they are currently in post or have left. Also, if people have any evidence that has not yet been provided to the authorities that involves criminal allegations or failure, that needs to be brought forward to the appropriate authorities so that it can be properly investigated. I absolutely agree with my hon. Friend on all those points.
I know that Members across the House have dedicated themselves to supporting survivors of abuse in overcoming the hurdles in accessing justice. As MPs, we do that on a regular basis. In the cases outlined, the courage shown by victims who came forward absolutely stands out.
The report can be broadly separated into two areas of focus: the operational approach to keep young people safe, and political leadership and allegations being levelled online over the past three years that abuse by organised gangs was being covered up for political gain. It is important, therefore, that we do not shy away from the organised disinformation campaign that has sought from the outset to undermine the report and its independence, and that is now going so far as to claim that the investigators themselves are part of an elaborate cover-up. The report does not hold back from highlighting poor practice where it was found. They told uncomfortable truths in Manchester and Oldham, and they will do the same in the next stage as the review moves on to Rochdale. Will the Minister join me and others, such as the Mayor of Greater Manchester, in condemning the abuse that the authors have received, and underline the integrity and independent nature of this report?
For my part, the independent report is clear that, during the period from 2011, when I became leader of Oldham Council, I did absolutely everything possible to publicise the threat of child sexual exploitation and
“sought to tackle the issue head on.”
That was a hard and drawn-out battle to improve safeguarding support, and the battle continues today.
It is important to set out the journey. In the year before Labour gained control of the council, children’s safeguarding had been hit by a budget cut of £720,000, including £100,000 cut from the specialist CSE Messenger programme and £100,000 cut from the CSE residential home, removing dedicated police security that was in place to protect highly vulnerable girls from the abusers who sought continued access. The recruitment and retention of social workers was under significant pressure, with almost half of all posts covered by agency staff, with a high turnover of vacancies. The long-promised IT system was late in being implemented and demand for the service increased year on year.
The change in administration took place two months after the Rochdale grooming gang was charged, with Shabir Ahmed—an Oldham resident and former council employee—as its ringleader. Oldham immediately put safeguarding at the top of the priorities for the council and the police. His association with the council was reported in national newspapers as the case progressed through the trial. The council believed strongly—this was reflected in its actions—that it had to use all that was available and take whatever option was needed to tackle CSE and learn from the experiences elsewhere to raise public awareness.
When concerns were raised about the risks associated with the growing number of shisha bars, the council did all that it could to close them down and ultimately succeeded, publicly sharing concerns about high-risk venues in the Manchester Evening News and in an in-depth feature on BBC Radio 5 Live. Crucially, that also involved giving professionals in schools and colleges and others working with children updated guidance through the Project Phoenix practitioners’ handbook on CSE, which identified shisha bars as high-risk venues. The report highlights that the disruption activity was ahead of its time.
When the report into abuse in Rotherham was made public, Oldham Council carried out a full review of taxi licensing. The increasingly robust approach was challenged, including through successful appeals in the magistrates court, but in the end, we had the toughest regime in the region, addressing head on licences that were issued to people we believed posed a risk to the public. Although the report concluded that there was no widespread grooming in taxis or shisha bars, it demonstrated that Oldham’s concerns were legitimate and, although progress was made, at times the situation, frankly, was frustrating. The determination to reduce the risk of harm was absolutely clear. Oldham never shied away from either the scale or complexity of CSE or, for that matter, of forced marriage, female genital mutilation, online harms, radicalisation and extremism. The risks were fast-moving and evolving all the time, and they still are today.
By 2014, all social workers were employed by the council, except a single member of staff who was covering maternity leave on agency contracts. The new IT system had been brought in, ending gaps in records on complex cases. Oldham was one of the first councils in the country to establish a multi-agency safeguarding hub and to grant access to the police national computer to boost intelligence sharing. Oldham had developed a public campaign, including holding educational plays in schools that resulted in 70 victims and witnesses coming forward to tell their stories. It held stalls in the market hall and article after article set out the full scale and nature of abuse that was taking place in the community, often in plain sight.
The council also actively debated CSE in full council and was open about the scale, nature and risk that it presented in Oldham. By 2014, the Project Phoenix programme was rolled out across Greater Manchester, with ongoing campaigns under the “It’s not okay” banner, supported by dedicated local charities, including KOGS, which stands for Keeping Our Girls Safe. That is important because, ultimately, creating the space for victims to come forward is vital to securing justice. Ofsted inspections, peer reviews and internal reviews all pointed to Oldham leading the way in CSE. That was reflected in feedback from the Home Office, too. The fact that the report now points to significant gaps in support has been met with dismay and quite frankly with frustration, and I am deeply sorry to all those young people who were let down by the services that should have been there to protect them.
The report shows that there is much that political leadership can achieve, but it also lays bare its limitations. The political environment, then and today, is important. While I am supportive of the review and believe strongly that it needed to take place, my deep frustration is that the continued undermining of the independence of the report diverts focus away from justice for CSE victims and is in danger of eroding confidence even further. My town has seen that before, with far-right protests taking to the streets, smearing whole communities and setting out to divide.
That has increased significantly with the rise of social media and conspiracy theorists’ platforms such as Recusant Nine, led by Raja Miah, who seeks to make financial and political gain by spreading hate, racism and disinformation. We need to be clear with the people of Oldham about the motivations that sit behind that. They have little to do with being a victims’ champion. Why am I being so direct in this debate? Because as chief executive of the Collective Spirit Free School, he presided over a catalogue of serious safeguarding incidents, ranging from violence against pupils to child abuse in school. Not only that, but—unbelievably—he responded to the catalogue of abuse at the Collective Spirit Free School and referred to it as all lies, dismissing the experience of the victims who were abused.
In one of the most serious cases, which was confirmed by a serious case review by the Manchester Safeguarding Partnership, failings at the school prolonged the sexual abuse of a victim. To add to that, there are allegations that teachers were sexualising children, that basic measures such as background checks were not being carried out and, even worse—if it could get worse—that the safeguarding register was falsified during an inspection to cover up the failings at the school. To preside over that is one thing, but to deny it—those are not the actions of somebody who puts victims first. I am proud that as a Member of Parliament, I stood up to give a voice to pupils, parents and staff, expose the corruption that took place and, eventually, see the closure of those schools that were a risk to our children. That was what sparked the current campaign of targeted abuse, harassment and division in Oldham as he set out on a self-declared campaign of revenge. It is no accident that his campaign began within a week of being named by the Department for Education’s investigation.
Debbie Abrahams
My hon. Friend is making such a powerful speech. I pay tribute to him for having the strength and determination to call out what has been quite disgraceful behaviour. The malicious statements that have been made by this person and the misinformation that has been spread have contributed to division and hatred in our town, which we have both received.
This is not something that is confined to Oldham. I put that important message to the Minister, and I would welcome her response. If these malicious statements that have taken hold are not tackled, this will spread beyond Oldham. They must be tackled.
Jim McMahon
I agree. After three years of this cloud hanging over our town, I can see the damage that it has caused, not only to the individuals who have been targeted by abuse, but to the families having their homes targeted, with death threats being levelled and all that brings—the anxiety, the stress and the strain. It is very difficult even to talk about that in a conversation like this, when we are reflecting on such a damning report. Victims have been through far, far worse and they need to be our focus, but the context is important.
It is important that this is called out, because I can see and feel that my town of Oldham is not just being divided; it is hurting. That was evident at the special meeting of the council that took place on Monday. It is true that some who are central to the campaign are driven by hatred and by politics, and that some have links to the far right. It is also true that some have been central to the spreading of lies and smears and the constant harassment of those whom they oppose. However, we need to be clear about the fact that not everyone who shows concern, who expresses disagreement, who attended that meeting and who make references online is part of that. There are many people with legitimate concerns, and it is important that we address those concerns head-on.
It is clear from that meeting that there are victims who have been let down and who, when they came for support, were turned away. It is clear that some people have loved ones who have been victims, and that others are horrified at the reality of the abuse that takes place in our country. However, I fear that if we do not build trust and a common ground in the mainstream of politics, the conditions for such a sensitive issue to be used to divide a town are set. Hope Not Hate, journalists and others have exposed this, but without action, we face a real risk of returning to the ashes of a town divided, and, furthermore, the risk that the disinformation and hatred will destroy the confidence that allows victims to come forward to seek justice through the proper channels.
For those of us who are genuinely determined to move forward and repair the hurt in our town and the hurt for the victims, the question is this: what are we going to do differently to create an environment where people can come together to work towards fighting against the evil of child abuse? The Mayor of Greater Manchester, Andy Burnham, has said:
“Public confidence comes from a willingness to be unflinching in facing up to these claims. And being honest about the past. However difficult that may be. And it comes also from a readiness to bring perpetrators to justice, regardless of the passage of time.”
I can say to the people of Oldham that we, their MPs, will fully play our part.
My right hon. Friend the Member for Ashton-under-Lyne has said:
“As operation Sherwood commits to reopening investigations we will be pushing for action, and in the end that will be the only test to deliver justice for the victims both identified in the report and beyond. There must be a readiness to reopen cases and secure prosecutions”.
I hope that the Home Office will give its full support to that mission, in Oldham and across the country, and that it will join us in encouraging victims to come forward, knowing that they will be given the support that they deserve.
I will leave the final word to the Greater Manchester chief constable, Stephen Watson, who has said:
“My message to those offenders is a simple one. If you think you have got away with it, you are wrong. And we are coming for you.”
The Parliamentary Under-Secretary of State for the Home Department (Rachel Maclean)
I think we can all agree that we have heard an incredibly powerful speech, and a very thoughtful one, from the hon. Member for Oldham West and Royton (Jim McMahon) on an extremely difficult subject. I have no doubt that victims of these abhorrent and atrocious events will commend him, and his hon. Friend the Member for Oldham East and Saddleworth (Debbie Abrahams), for setting out their strong commitment to securing justice for those victims, which is what we all want to see. In that, he will have the full support of Conservative Members and the full force of the Home Office—the Home Secretary, and every single Home Office Minister.
Before I begin my formal response, let me join the hon. Gentleman wholeheartedly in condemning what he has alluded to. I have no personal knowledge of the issues to which he has referred, so I cannot give a substantive response in that regard, but I can say from my position as a Home Office Minister that to call into question the integrity of the law enforcement professionals who dedicate their lives and careers to investigating these incredibly disgusting and abhorrent crimes is outrageous. It is completely wrong, and anyone who thinks that there is any question about their professionalism needs to take a good, long, hard look at themselves.
Debbie Abrahams
I apologise; this may seem a bit trite after what the Minister has said, but we need to recognise that there were failings at operational level in the council and in Greater Manchester police. The majority of police officers and council workers will be doing their best, but there were failings from some individuals and that needs to be acknowledged, because those children suffered as a result.
Rachel Maclean
I am going to come on to say exactly that. I hope that the hon. Lady is not conflating the two points I am seeking to make. Absolutely, there were failings by professionals who were supposed to be safeguarding vulnerable children, as the hon. Members have set out, but what I am talking about is the work of the reporting bodies: the ICSA report led by Professor Alexis Jay and the other reports that have been taking place. They have the knowledge of what has gone on in an incredible level of detail and they have set that out.
Children in Oldham were failed time and again by those who should have protected them, as is shockingly demonstrated in the ICSA report. The vast majority of safeguarding professionals and those working in law enforcement are good people doing a difficult job. There are bad people in any walk of life and where they exist, we should do everything we can to call it out. Those failings are shameful. The report that the hon. Members have alluded to has made six recommendations and we will publish the Government response shortly. I was appalled when reading of the experiences endured by children who were not yet teenagers in Oldham, and it is in no small part due to the ongoing tenacity of those children—now adult victims and survivors—that those awful failures have been uncovered. To make a personal comment, I really do find having to read those reports and stories the worst part of my job. Some of that information is not in the public domain. I cannot sleep at night when I have read them. I am sure that all Members will join me in paying tribute to those victims, survivors and their families who have courageously shared their experiences in the pursuit of change.
What happened in Oldham has happened in too many places right across the UK, but there have been significant changes in how local authorities and the police safeguard children. I agree with the hon. Members that victims should come forward and report abuse wherever it is taking place because they can have confidence that the police and other frontline services will take them seriously. The best tribute we can make is to ensure that others do not have to endure the same ordeal. I will set out in the time I have left what we are doing.
We are supporting the police to make improvements. Home Office investment underpins strengthened law enforcement capability to tackle these crimes. We welcome the work of Operation Sherwood to bring prosecutions against sexual abusers of children. We are funding specialist training in the vulnerability, knowledge and practice programme, which identifies best practice and shares it with all forces, and I want to thank the College of Policing for what it is doing on this. I want to be clear that political and cultural sensitivity should never hinder these investigations or the delivery of justice for these victims.
We have made it clear to the police that the protection of vulnerable children must be a priority, and to this end the Home Secretary has shown real leadership. She has raised the issue through the primary forum that exists for her, which is the National Policing Board, and we are ensuring that performance is rigorously scrutinised. She has commissioned Her Majesty’s Inspectorate of Constabulary and Fire & Rescue Services to investigate how police across England and Wales handle group-based child sexual exploitation. It is right to say that we have been on the front foot on this. Unlike the historical inquiries, this will give an up-to-date picture of the quality and effectiveness of forces’ support for victims and how they are bringing offenders to justice now. We expect findings from the inspection by the end of this year, and I trust that it will give us some much-needed assurance that the policing of these crimes has improved, but make no mistake, should deficiencies be uncovered, we will do what it takes to address them.
As the hon. Members know, our approach is underpinned by the tackling child sexual abuse strategy, which was published in January last year. ICSA will publish its final report very shortly, and we will come forward with a full response to that and set out our actions. More widely, our beating crime plan reaffirms our strong commitment to ensuring that more of these complex crimes end in prosecutions and convictions. We have relaunched our victims and survivors of child sexual abuse fund to support voluntary sector organisations delivering a range of vital services. I want to finish by thanking the hon. Members. I am determined to ensure that we confront these crimes wherever and whenever they occur and leave no stone unturned in our mission to keep children safe.
Question put and agreed to.
Ministerial Correction
(2 years, 5 months ago)
Ministerial CorrectionsRead Full debate Read Hansard Text
Levelling Up, Housing and Communities
(2 years, 5 months ago)
Ministerial CorrectionsRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Clive Efford (Eltham) (Lab)
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?
Stuart Andrew
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.
[Official Report, 27 June 2022, Vol. 717, c. 11.]
Letter of correction from the Minister for Housing, the right hon. Member for Pudsey (Stuart Andrew):
An error has been identified in my response.
The correct response should have been:
Stuart Andrew
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 £11.5 billion affordable homes programme to create more homes in constituencies such as that of the hon. Gentleman.
Genetic Technology (Precision Breeding) Bill (Third sitting)
Thursday 30th June 2022
(2 years, 5 months ago)
Public Bill CommitteesRead Full debate Genetic Technology (Precision Breeding) Act 2023 View all Genetic Technology (Precision Breeding) Act 2023 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 30 June 2022 - (30 Jun 2022)
The Chair
I have a few reminders. Please switch off electronic devices or turn them to silent. Tea and coffee are not allowed during sittings. Hansard colleagues would be grateful if Members could email their speaking notes to hansardnotes@parliament.uk. Jackets can be removed if Members are feeling the heat. Thursday 30 June Until no later than 11.45 am Professor Gideon Henderson, Chief Scientific Adviser, Department for Environment, Food and Rural Affairs Thursday 30 June Until no later than 12.25 pm The Roslin Institute; Genus; The Pirbright Institute Thursday 30 June Until no later than 1.05 pm Nuffield Council on Bioethics; Dr Madeline Campbell, Senior Lecturer in Human-Animal Interactions and Ethics, Royal Veterinary College; Compassion in World Farming—(Jo Churchill.)
I understand that the Government wish to amend the programme order agreed by the Committee on Tuesday 28 June in order to hear again from Professor Gideon Henderson, chief scientific adviser at the Department for Environment, Food and Rural Affairs, who experienced some technical issues when contributing on Tuesday. Because the motion has not been agreed by the Programming Sub-Committee, it can proceed only if everyone is content. Does anyone have an objection to the motion being considered?
Ordered,
That, the Order of the Committee of 28 June 2022 be varied so as to omit the eleventh and twelfth rows in the table and substitute the following—
Examination of Witness
Professor Gideon Henderson gave evidence.
The Chair
We will now hear oral evidence from Professor Gideon Henderson, chief scientific adviser at DEFRA, who is with us today in person. Before calling the first Members to ask a question and before allowing the professor to introduce himself, I remind all Members that questions should be limited to matters within the scope of the Bill, and that we must stick to the timings of the programme motion that the Committee has agreed. That means that for this first session we have until 11.45 am. Professor, would you like to introduce yourself briefly? Then we will start with questions from the Minister.
Professor Henderson: Hello. My name is Professor Gideon Henderson and I am chief scientific adviser at DEFRA.
The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Jo Churchill)
Q
Professor Henderson: I am content that this Bill is scientifically sound. I have given it a great deal of attention and have called on a great many expert witnesses through informal and formal processes. I have interacted with a large number of stakeholder groups over the past 18 months, and I am content that there has been due scientific scrutiny and that this Bill is based on sound science and agreed science.
It is important to move forward with this Bill for several reasons. There are very significant benefits to the environment, human health and resilience to climate change that can accrue from precision bred organisms. The technologies that we can harness to derive those benefits are now sufficiently mature that we are ready to capitalise on them. The UK is well positioned to do that. Many other countries have already made the use of such technologies easier, and it is time for the UK to catch up and it is safe to do so.
Jo Churchill
Q
Professor Henderson: There are two sides to my answer, one of which is the scientific side. The scientific body of knowledge is, of course, shared across the world and certainly across the four nations, and there is strong expertise in gene editing and the technologies we are talking about today in the devolved nations, as well as in England—certainly, those strengths are quite considerable in Scotland and Wales. The UK as a whole is very strong in this area, scientifically.
At a governmental level, there have also been significant discussions between Government scientists. I talk to my counterparts in Scotland, Wales and Northern Ireland, and I have been sharing information with other officials and sometimes with Ministers in the devolved nations as well. I think there is agreement about the science across the four nations, but not always about the policy direction.
Daniel Zeichner (Cambridge) (Lab)
Q
I will not be repeating the questions we went through last time, but go on to some other things. I was particularly struck by the written evidence from the Nuffield Council on Bioethics, members of which we will be hearing from later, and I want to put to you a couple of the questions that were raised in their evidence. They talked about something that I do not think we were aware of, which is that the Department is looking at its advisory frameworks in general. In reference to the Bill, obviously the Advisory Committee on Releases to the Environment looks like it will play a significant part, so could you say a little bit about what discussions have been had as to whether that is really the appropriate body, or whether some new body should be formed to oversee these complicated trade-offs and issues?
Professor Henderson: There are a number of things that that might refer to. There is a periodic review of how we get advice—scientific and otherwise—into DEFRA, and such a review is ongoing at the moment. I think it is entirely safe to say that that will not impinge on ACRE’s activity. It serves a critical function already, and has an expanded role through this Bill to identify when things are precision bred organisms and when they are not. To me, that body seems to be the right place to attend to that type of decision about whether something is a PBO or not. There are also questions about animal welfare, and it may be that other bodies are required to adjudicate in that area, but that is for further down the line.
Daniel Zeichner
Q
Professor Henderson: Again, I will divide that into two. I believe there is clarity about the role of ACRE, and ACRE has published guidance about the definition of a PBO, which has been scrutinised and, I think, generally found to be appropriate. As for, “What is a PBO?”, the advisory system is in a good place. On the animal welfare aspects, there is perhaps some more thinking to be done.
Daniel Zeichner
Q
I would like to pick up on a point that the Nuffield group has made about the release of precision bred organisms. It said:
“On our reading of the Bill, this means that precision bred animals that are not transgenic organisms may be released without further authorisation, without even a ‘precision bred confirmation’. Such releases could have significant effects on existing ecosystems (for example, if they should have a reproductive advantage over wild organisms of the same species). This may be a matter of significant concern to other UK and wider jurisdictions as such animals may travel freely across jurisdictional boundaries.”
Is that something that you have considered? What would be your response to that concern?
Professor Henderson: There is a notification requirement and the necessity for permission from the Secretary of State before things can be released. There are some appropriate mechanisms to scrutinise things as they pass through the process, but in general, the scientific evidence is that if something is mimicking traditional breeding and therefore is a precision bred organism according to the definition, the risks of release are no greater than those of a traditionally bred organism, and may be lesser.
Daniel Zeichner
Q
“In determining whether a feature of an organism’s genome could have resulted from natural transformation, no account is to be taken of genetic material which does not result in a functional protein.”
The Nuffield group says:
“The intention of this provision is unclear to us.”
It is unclear to me as well. Could you explain it?
Professor Henderson: I can explain it. Actually, it is related to the questions you asked me last time. During traditional breeding, in nature and during precision breeding, it is commonplace for some transgenic—some exogenous material—to cross into the genome, but most of that has no functional role at all and does not impact on the phenotype. This clause is pointing to the fact that if there is some such material, it does not matter, as long as it does not create any function. This clause is seeking to say that if it creates a function and it is exogenous, then this thing will fall outside the definition of a PBO.
Daniel Zeichner
That is helpful. I am sure you are aware that there are other views on that. Thank you, Chair.
Deidre Brock (Edinburgh North and Leith) (SNP)
Q
Professor Henderson: I am afraid I am not. As a chief scientific adviser I am here to talk about the science. I spoke to my scientific counterparts and officials in the devolved Administrations who have a scientific interest, but I am not aware of the process you are talking about.
Deidre Brock
Q
Professor Henderson: This is a double-edged sword because it is genuinely scientifically impossible to tell precision bred organisms from traditionally bred organisms in some cases, and therefore this will become a problem, regardless of the legislative environment that we work under, and it will be harder and harder to trace these types of organisms through systems globally, not just in the EU.
In terms of this legislation, all varieties that are approved for growth will be on a seed varieties listing and will be designated. It will clear that they are PBOs, as per their listing. So if you are shipping tomatoes or something, it will be possible for that to be a discrete product that can be traced to the extent that is required through that process.
It becomes more problematic with products where things may be blended, and then it will be up to the producers or those selling to make sure that they have a supply chain that will satisfy the people they are selling to.
Deidre Brock
Q
Professor Henderson: Just to make sure I understand you correctly, are you talking about a precision bred organism breeding with a non-precision bred organism?
Deidre Brock
Yes.
Professor Henderson: You might be better placed asking this question to animal breeders later today, but I imagine this is to do with the way in which you describe the varieties and the strains of livestock when you are sending it to market.
Deidre Brock
Q
Professor Henderson: From a scientific point of view, I will again come back to the point that a precision bred organism and precision bred livestock is scientifically equivalent to something that could have been produced with traditional breeding approaches, so scientifically that coupling would not create a concern.
Daniel Zeichner
Q
Professor Henderson: I will avoid getting into a discussion about the precautionary principle because that would be long, and there are even multiple definitions of the traditional interpretation of the Bill. I believe that the Bill we are putting forward now is precautionary—it follows the guidelines of the precautionary principle. We are not leaping in with both feet, but we are moving in stepwise motion.
The Chair
Order. We have come to the end of the time allocated for the Committee to ask questions. I thank Professor Henderson on behalf of the Committee.
Examination of Witnesses
Professor John Hammond, Professor Bruce Whitelaw, Dr Craig Lewis and Dr Elena Rice gave evidence.
The Chair
We will now hear evidence from Professor John Hammond, group leader of genetics, genomics and immunology at the Pirbright Institute. He will be appearing via Zoom. We will also hear from: Professor Bruce Whitelaw, director at the Roslin Institute, who is with us in person; Dr Craig Lewis, genetic services manager Europe and chair for the European Forum of Farm Animal Breeders at Genus, also with us in person; and Dr Elena Rice, chief scientific officer at Genus, who is appearing via Zoom. The session will run until 12.25 pm. Starting with Professor John Hammond, will you all briefly introduce yourselves, before we go to questions?
Professor Hammond: I am Professor John Hammond and I work at the Pirbright Institute. I look after the science responsible for improving post-livestock genetics to increase disease resistance and resilience.
Professor Whitelaw: Hello, I am Professor Bruce Whitelaw. I hold the chair of animal biotechnology at the University of Edinburgh. I am also the director of the Roslin Institute and have led projects there that have generated genome edited livestock.
Dr Lewis: I am Craig Lewis. In my current role I oversee the implementation, design and execution of practical animal breeding programmes for a subunit of Genus called PIC. Prior to that, I hold advanced degrees in animal genetics, from Roslin, and animal welfare.
Dr Rice: Good morning. I am Elena Rice and I am the chief scientific officer for Genus. I am overseeing the research programme across our business units, PIC and ABS. We are a world leading animal genetics company.
Jo Churchill
Q
Professor Hammond: Where we have got to with the precision breeding methodologies in the Bill now supports decades of primary research in the UK and other countries. We understand the complex genetics underlying health traits and, in particular, disease resistance, which is a complex biological process. Because of those advances, and the work that we and others are doing, we are identifying genetic variants that may exist naturally, which, in combination or isolation, can dramatically increase disease resistance and resilience in farm animals.
The ability to undertake precision breeding, which would be the equivalent to the natural variation that we find in those populations, is an almost transformative technology to improve animal welfare and production—for example, there would be a lack of wasted carbon caused by disease. I think it has a really important potential for planetary health in terms of climate change.
Jo Churchill
Q
Professor Whitelaw: Roslin has been involved in a number of species: pigs, cattle, small ruminants and poultry, primarily chickens. We are also now looking at research to do with aquatic species. The main driver of that research has been to reduce stress impact on the animals, and we have focused on disease, partly because it is one of the main stresses imposed on animals around the world, but also because we have a lot of knowledge. As my colleague John just indicated, we have a lot of genetic knowledge and a lot of knowledge around the actual pathogens themselves.
There are two projects that have the highest profile. One is to do with pigs and relates to a disease called porcine reproductive and respiratory syndrome, and we have done that in collaboration with Genus PIC. The other area we have been looking at extensively is around influenza—primarily in chickens and poultry, but also in pigs—and there are other diseases behind that. From a research perspective, disease is a very challenging topic, but we have a lot of knowledge. There are other stresses that we are looking at, such as heat tolerance. We are looking at the impact of reproductive issues on animals, and these can all be addressed by using genetic technologies, including genome editing.
Jo Churchill
Q
Professor Whitelaw: We are very fortunate that we punch above the size of our island and have been leading in the area of livestock for some considerable time. We all know the reason why Roslin has a high profile: it is because of a certain sheep called Dolly, which was 26 years ago. That whole project was around genetic engineering, and the same exists in the plant community. We have some really strong players in the academic arena. We do not have the numbers that exist globally, but we do sit very well within that. I will quite happily say we are leading, and I will quite happily say that Roslin is a leading player in that too.
Jo Churchill
Q
Dr Lewis: To put it into some context, I grew up on a pig farm in Herefordshire, so I have seen PRRS, or what was called blue ear disease here in the UK, at first hand with my father. The focus of my PhD work at Roslin was actually looking for natural variants in terms of PRRS resistance. Are there pigs out there—even today—that we could selectively breed so that we would not have to deal with this problem or could at least make the animals more robust? After three years at Roslin, the bottom line was that although we do a great job at creating genetic improvement to make more robust pigs generally—we can increase feed conversion, growth rate and so on—specific disease resistance is obviously a very complicated trait. This is an opportunity where we can almost create a natural variant, and therefore the mutation in the particular genome that confers the resistance; it would be wonderful if that just happened in the next generation completely naturally, but this is not a fairy tale—it is practical animal breeding. The ability to be able to create that variant so that we can actually implement this in a practical breeding programme, as John said at the beginning, is game-changing technology.
In terms of how that could impact globally, PRRS is endemic in multiple markets around the world. I have worked across the United States, which is very impacted by this particular disease. Right now, Spain is going through a very nasty strain of the PRRS virus. Here in the UK, whether it is indoor intensive units or the outdoor pig units in Norfolk, East Anglia, which we see when we drive around, we have PRRS outbreaks. That is a difficult scenario, for the pigs, obviously, in terms of morbidity and mortality, but there is also a human element. People like my father are deeply impacted when their animals are sick. Fundamentally, that is why I got into science. The scope of delivering truly disease-resistant animals impacts so much, as we look at this technology.
To get into the science, I will hand over to my colleague, Elena.
Dr Rice: The question was where are we today with the development of PRRS-resistant pigs. Today, we have quite a large population of animals that are not the first generation. We did the edits and already bred animals that carry the resistance to the virus. Those animals have been tested in disease challenges and we showed that they are completely 100% resistant to the virus. Because of this small edit in one gene, those animals do not see the virus and cannot get sick, which means that they do not require extensive application of antibiotics on the farm. In our process, we are building a commercial herd now. We are going through the accrual process with the US Food and Drug Administration. The process is very successful. We are moving forward and are actually accelerating our studies. We hope to see approvals in late 2023 or the beginning of 2024. So this is real and it is here.
We are also working with regulatory agencies in other countries, such as Japan, Canada and South Korea, and we are expanding our interaction with many other countries. What we see today is that there is a very clear path in all those countries to get approval for the animals and bring them to the market.
Jo Churchill
Lovely, thank you very much. A clear path is what we are aiming for.
The Chair
A number of Members have signalled that they want to speak. I remind Members that this session goes to 12.25 pm. I will start with Daniel Zeichner.
Daniel Zeichner
Q
My second question is for Genus. These opportunities are fantastic. If we can deal with influenza and PRRS, that is a fantastic opportunity, but can you explain to me how the intellectual property rights will work? Who owns this? How does it get transferred from country to country? That is quite a big question, but if you could do it fairly briefly, that would help everybody.
Professor Whitelaw: Good question. I will start off and then pass over to Genus colleagues. The first question was about how we can be world leaders and need the Bill. All the work that goes on at the Roslin Institute is contained use under the Animals (Scientific Procedures) Act 1986. It is an experiment that is done in our labs or on our farms. We, the university, are the inventors and we are the owners of that. Our commercialisation organisation at Edinburgh University is Edinburgh Innovations, which negotiates with a third party to get access and a licence to that IP. In this case, we have negotiated a commercialisation licence with Genus to take it forward into the market. All the work at Roslin is done there under ASPA contained use. That is the research base. That is where we lead with the development of intellectual property and develop the projects.
Dr Rice: I had a small problem hearing the question, so maybe Craig can start.
Dr Lewis: I will leave all the IP pieces to Elena, because I am a breeder, not an IP lawyer—full disclosure. In terms of development, I think that one of the things we need to understand here, which Bruce hit on quite effectively, is that there is a big difference between the research stage and what I would call the scaling phase before implementation. It is not a matter of simply saying, “Okay, we have done great work at Roslin and have created a precision bred animal, which is going to impact on commercial animals here in the UK.” There is a different step, because we need to be able to scale it. That comes back down to basic animal breeding and the structure of a breeding pyramid. We need to scale those animals to have enough of a population to be able to serve the commercial producers. That would happen.
I think there are opportunities for the UK. If we try to do the scaling step without a market, basically you will have major farms where 100% of the offspring cannot enter the food chain. That becomes a huge barrier to further innovation. We can do the very early stuff, but we would miss out that scaling step in the UK. A Bill that would allow us to access a marketplace would have the benefit of significantly reducing the cost of the scaling piece.
Daniel Zeichner
Q
The Chair
Did you hear that question, Dr Rice?
Dr Rice: Yes, I think the question is about IP and how it is placed in the market. As Bruce just said, the university owns IP. It is possible for any company to license that IP and bring the research to commercial production. We did exactly that. We interacted and worked together for many years with the Roslin Institute. We have the ability to bring that research to the hands of producers and farmers. As Craig said, it actually takes a lot of work over many years. To give you an example, as a company, we have devoted around five to seven years now to actually taking it from the research stage from the Roslin Institute to learning and understanding how we can implement that particular edit in our elite breeding germplasm. Why is that important? Farmers and producers around the world want the best genetics that we can offer, but the best genetics need to be combined with the edit.
I want to quickly give you an overview of how it works. We make an edit in an embryo. Then we take the embryo and put it into an animal who carries the edited heritage. We create exactly the same edit in our founder lines. In this example, we have four founder lines that we created and edited. We select them and do thorough analysis for any potential off-target effects. We select only animals that carry no off-target edits. Then we breed those animals in many generations to provide the elite herd that will be distributed to our customers. I want to make sure that the animals that the farmers get are not touched by any instrument—that they are not edited themselves. They are bred from the initial set of animals that we have created. That is why it takes a long time and a lot of effort to bring it to the market.
Deidre Brock
Q
Professor Whitelaw: I am not sure I can comment on export trade. It is not an area that I am knowledgeable about, but maybe I can comment more generally. One of the benefits of the Bill is to give momentum to investment in this area. I do not mean just money, but talent coming into the field, into the universities, and students knocking on my door and saying, “I want to do a PhD on genome-edited animals.” I see that increasing and I see that as a huge benefit for the UK and for Scotland. To me as a researcher, that is one of the major drivers—to see that investment opening up. Yes, it will happen in the commercial world. We have seen how other countries that brought in legislation on genome editing have seen a proliferation of small and medium-sized enterprises and innovative ideas coming through. That is what I want to see come out of the Bill. That is the bit that drives me. I am really not knowledgeable about the impact on exports.
Deidre Brock
Q
Dr Lewis: It depends on the timeline and when the Bill would come into effect. Rather than talking about a specific gene edit, one way to also ask the question, even in the current state, is: when I produce an elite animal today, how long is it until it really impacts the whole flow of pigs? I can answer that perfectly today. Based on the structure of the pig industry, you have to have pure line animals, then you have to create crossbred animals that are the mothers of the commercial offspring, and then you use a terminal sire. Basically, if you look at getting the whole pyramid to be 100% influenced by new genetics—you are putting in three different levels, three breeds coming together—that would roughly be about five years.
Deidre Brock
Q
Finally, Roslin has got a tremendous reputation for really high quality research. Do you think the Bill guarantees the absolute traceability of gene edited products and also the strictest possible monitoring of what science is doing in this area, or is there more that could be included in the Bill to ensure that?
Professor Whitelaw: I will answer the science question, then touch on the traceability. Our science is very well scrutinised through current legislation, because it is under the contained use. We have to go through a variety of permissions before we do an experiment with animals, and that is visible. Therefore, I do not think the Bill will necessarily affect the regulation of what we are doing; but as I said, I hope it increases the volume of what we do.
When it comes to traceability, which was mentioned earlier, genome-editing technology generates the equivalent of what is naturally found. Every animal born carries 40 de novo mutations, and genome editing adds another one to that list. Without having an audit trail of individual animals, you will not be able to identify one genetic change from another. It is impossible to categorically say, “That is caused by genome-editing technology rather than a natural mutation.” Therefore, the audit trail of an animal or product will not be based on the molecular analysis of that animal; it must be based on something else.
Deidre Brock
Q
Professor Whitelaw: Craig might be able to answer this more clearly, but depending on the species, that might be breed books or production systems, which would be embedded within the companies or with different nations.
Dr Lewis: We should be very aware here that there is a species component to that. When we start thinking of cattle, for historical reasons, there is a very strong traceability element through the cattle chain. However, if we look at the pig industry in the UK, it is more done on a—shall we say—lot basis. For example, normal practice in the UK pig industry is to use pulled semen at a commercial level for a terminal sire, so even within a litter, you might have three or sires represented. That is today, so an individual animal traceability in the UK pig industry today does not really exist. When we answer the question on traceability and what exists today, that is very species-specific, rather than “This is the livestock sector.”
Professor Whitelaw: This is the basis of all of my thinking. We are using these tools to create precision changes to the genome—changes that can happen naturally. There is no difference between those two. There is a difference in how they arise; one is because we choose to target a specific DNA sequence and change it, and the other is just a random lottery that evolution throws up. However, from the animal’s perspective, and I would argue from our perspective, in how we look at these animals, it is just a genetic variation that exists. There is no difference. Going to the traceability question, why and what are you tracing?
Clive Lewis (Norwich South) (Lab)
Q
We have been dealing with crops so far, and we have now moved on to animals. I must admit that I am now beginning to struggle with this slightly. We are not talking about plants but about sentient animals, and about genetic modifications to them.
The thing I have been reading about PRDC—porcine respiratory disease complex—is that part of it comes down to environmental and conditioning factors. There are obviously some pig farmers, for example, who keep their animals in better conditions than others, but many do not. Even when you keep your animals in optimal condition, there are certain conditions that they are kept in that will encourage that disease.
My question is on behalf of the millions of people who are increasingly becoming vegan or vegetarian. We are now introducing genetic editing to enable us to keep those animals in sometimes quite horrific conditions. It is for this disease at the moment, but what is to say that exploitation of these animals is not going to only deepen? Now we can keep these animals knee deep in their own crap—sorry, Ms McVey—and we can edit their genes so they can survive in those conditions. That is how some people will see this and that is how much of the public will see it. Can you give me some reassurance that that is not going to happen? When profit is the bottom line, I see these animals becoming more robust and able to live in ever-more extreme and difficult conditions.
Dr Rice: Perhaps I can jump in. If you have read about PRRS virus, you will probably know that it is actually not dependent on conditions. Animals in the wild, as well as animals in production, all get sick. What actually happens on farms today is that farmers have to install multimillion filtration systems—because viruses are airborne—to filtrate outside air through very complicated filtration systems so that viruses cannot get into the farm. So it actually has nothing to do with the conditions.
The Chair
Allow the witness to finish.
Dr Rice: It is a reality today and you are welcome to visit those farm centres. I visited one two weeks ago, and I just want to tell you that when we are talking about conditions, I was at the farm and the animals looked beautiful. At the same farm, the owner was telling me that two months ago, he was walking into a room full of dead piglets. Why did that happen? It was because the mother got PRRS virus and it killed all her not-yet-born piglets and they were born dead. So when you walk into this room and see all the crates covered with dead bodies, it is actually very impactful on people’s minds and everything. People suffer mentally seeing those pictures. We have an ability to prevent that. It seems a little strange that we would say no, that they would have to continue to suffer like that, even though we have a tool to give them to completely avoid those types of situations for those poor animals. No, they are not maintained in very bad conditions; they are properly farmed. There are rights on those farms, I would say, but again, all the pigs are getting that and the main biosecurity precaution today is to prevent air from outside from bringing the virus to the farm.
Dr Lewis: I appreciate your questions and concerns, Mr Lewis. Let us just step back. First and foremost, I have the privilege of travelling the world and working with pig farmers all over the world. First and foremost, the UK should be very proud of its tradition of animal welfare and the UK farming sector’s animal welfare standards. If I look at the most extensive and intensive systems here in the UK, both equally get PRRS virus. I struggle with that in many conversations with vets all over the UK. Really, the system does not dictate whether—
Clive Lewis
Q
Dr Lewis: I was just coming to that point. This is a conversation that I have actively had. I have had the privilege of being in a couple of public dialogues with Peter Nuffield. There is a great debate about where animal welfare, farming systems and the food system are in the UK today, but I do not think it is directly relevant to this Bill. If we say that animal welfare needs to change, we already have robust legislation and codes of practice for the UK on what animal welfare should look like and what the standards are. The debate about whether they should move or not is about the animal welfare legislation, and I believe it should be part of a public consultation.
Considering that that legislation is already in place, whether we have genome edited animals or not does not change how many animals we put in the pen; that is dictated by a separate piece of legislation. Just saying that we are going to have gene editing so that we can put more animals in the pen—
The Chair
Mr Lewis, we are straying from the topic. I have to stop you because I have three other Members who want to remain on topic—Kerry, Andrew Bowie and Katherine Fletcher. We will move on because we have strayed off the topic. I have been very patient and I did let it go on for a little while.
Kerry McCarthy (Bristol East) (Lab)
Q
I note that the syndrome was first identified in the States in the late 1980s, and now it has spread worldwide in most swine-producing countries. I would be interested to know your take as to why it has spread to that extent. Is it because there is more intensive farming, in the same way that we saw with things such as bovine TB? I get what you are saying about the farm animal welfare codes, although they are not very well adhered to—there is a separate debate about that. If this would permit more animals to be kept in intensive situations because the virus would not spread, does that not leave the door open to people to argue that that is the path we should be going down?
Dr Lewis: I appreciate the question. We can look at this in a couple of ways. Just as pure history—as I say, it was my pet project with my PhD—the PRRS virus was originally identified in two separate locations at the same time. One was in North America—Minnesota—and one in Lelystad in the Netherlands. It was pretty much simultaneously defined in Europe and the United States. Did the movement of animals globally—breeding stock and so on—facilitate the global spread? I think that is probably fair, but that needs to continue to happen as we move the geneplasm around the world and connect populations.
The number of stock is an interesting question. PRRS is very infectious, so once you have got it into a farm, it does not matter if there are 10 pigs or 100 pigs in the farm; the whole farm is probably going to get it. The way that you look at it is that the barrier to entry into the farm is more important than how many pigs are in the farm. That is why we continue to refine biosecurity practices.
Jo Churchill
Professor Hammond might be interesting on this, because he deals with avian flu, and obviously that might broaden it to the wild community.
The Chair
If you want to do that, you have less than a moment. It is for all Members to direct the questions to who they would like to hear answer them.
Kerry McCarthy
Q
Dr Lewis: My final point would be that if we look at gene editing, or genome precision breeding on the other extreme, one of the reasons why we keep animals inside is to protect them from disease, whether it is flu or PRRS. One different way of looking at it is that the use of precision breeding technology could facilitate the extensification of agriculture.
Professor Whitelaw: You have to remember that a virus does not choose which animal it is going to infect. It will infect an animal in whichever farming system it is in. This technology, equally, can benefit all farming systems.
The Chair
This session has been busy with lots of speakers and questions. I apologise that we did not get on to other Members. I want to thank Professor John Hammond, Professor Bruce Whitelaw, Dr Craig Lewis and Dr Elena Rice. Thank you very much for your time.
Examination of Witnesses
Dr Peter Mills, Dr Madeleine Campbell and Peter Stevenson OBE gave evidence.
The Chair
We will now hear oral evidence from Dr Peter Mills, assistant director at the Nuffield Council on Bioethics, who is with us in person; Dr Madeleine Campbell, British Veterinary Association member, RCVS recognised specialist in veterinary reproduction and European diplomate in animal welfare science, ethics and law, who is appearing via Zoom; and Peter Stevenson OBE, chief policy adviser at Compassion in World Farming. This session lasts until five minutes past 1. Again, if everybody could be mindful of that and direct their question to the witness they would like to answer it. Could each of the witnesses introduce themselves for the record, starting with Dr Peter Mills?
Dr Mills: Good afternoon. I am Dr Pete Mills. I am assistant director at Nuffield Council on Bioethics.
Dr Campbell: Good afternoon. I am Dr Madeleine Campbell. I am the current chair of the British Veterinary Association’s ethics and welfare advisory panel. If I may briefly correct something you just said, I am actually an RCVS recognised specialist in animal welfare science, ethics and law and a European diplomate in animal reproduction.
Peter Stevenson: I am Peter Stevenson. I am chief policy adviser at Compassion in World Farming. I am a solicitor by background, although I do not do all that much legal work nowadays.
Jo Churchill
Q
Dr Campbell: To clarify, I did indeed argue that at a recent Animal Welfare Foundation event in the course of a debate. I was slightly making an argument, but yes, we do feel that genetic editing of animals could play an important role in enhancing animal welfare and in the broader context of enabling agriculture to develop in a sustainable way, which would minimise the impacts of animal agriculture on the climate and the environment. Yes, it has great potential to do good, but it also has great potential to do harm from an animal welfare point of view. As I say, it needs to be thought about very carefully.
Jo Churchill
Q
Dr Mills: The Bill is a very welcome initiative. The Nuffield Council does not believe that the retained EU regulatory regime is fit for purpose. One of the shortcomings of that regime was the way in which it was relatively indifferent between plants and animals. We believe that the potential power of genome editing as a technology merits some control, so we are pleased that the Government have brought forward this Bill to do that.
The Bill addresses a number of potential mischiefs that could occur as a result of the use of those new technologies. It is perhaps a little bit unambitious in the sense that it leaves a vacuum at the heart of the governance system that applies to breeding technologies. You heard evidence in the previous session about the Animals (Scientific Procedures) Act 1986, which is primarily focused on experiments on animals. The Animal Welfare Act 2006 was also mentioned, which is to do with the treatment of animals in different settings. There is nothing at present that controls the production of animals of particular kinds.
The precision breeding Bill—despite the title—does not, in a sense, control precision breeding or genetic technologies, except indirectly by causing breeders to anticipate the conditions under which they will be able to market the products of their breeding. What is missing is some more positive statement or principle about the purposes for which precision breeding—and breeding more generally—might be used. As we argued in the Nuffield Council report, breeding of all kinds should be directed towards securing a just, healthy and sustainable food and farming system. Having something like that in the Bill as a framework, within which standards can be elaborated through regulations and by the relevant authorities, would be extremely helpful.
Jo Churchill
Q
Peter Stevenson: I am afraid that I have serious misgivings about gene editing. I think it is going to do a great deal of harm, both during the creation of gene edited animals and then when it is used on farms. Having said that, I recognise that there will be certain cases where it can be beneficial. For example, Compassion in World Farming is working quite closely with a company that is trying to gene edit hens to not produce male chicks. That would prevent millions of male chicks being killed at a day old every year. We are not totally against it.
For me, at the root of the problem is that the Bill argues that gene editing is just a more precise form of traditional breeding, such as selective breeding. If you look at the last 50 years, selective breeding has caused immense health and welfare problems for farmed animals. Meat chickens have been bred to grow so quickly that millions suffer from painful leg disorders each year, while others succumb to heart disease. We have bred dairy cows to produce such high milk yields that many are suffering from lameness, mastitis and reproductive disorders, and the cows live with these welfare problems for a large part of their lives. We have bred hens to produce 300 eggs a year. As a result, many suffer from osteoporosis, making them highly susceptible to bone fractures.
The idea that we will push all this further through gene editing is really worrying, but if we are going ahead with this, which is the clear intention, I think—I am now speaking as a solicitor—that the animal welfare protections in the Bill are drawn in very broad language. They are imprecise and unclear, and they need to be given more focus and strength, so I would love the Government to revisit those provisions.
Jo Churchill
Q
Peter Stevenson: In 30 years of working in this field, I have never tried to assert anything that is not supported by the science. I have tried to say that gene editing could be helpful in certain and very limited circumstances, but that it will be harmful overall. The science about the detrimental impact of selective breeding on just about every main farm species is utterly clear. There is a huge amount of science on the subject, some of which comes from the Farm Animal Welfare Council, which is now called the Animal Welfare Committee. I totally reject any suggestion that what I have said about the damage done by selective breeding is not based on the science. As I say, the idea that we will push this further and drive animals to even higher yields, faster growth and larger litters through gene editing is really disturbing.
Daniel Zeichner
Q
Dr Campbell: That is a key question. When we talk about whether gene editing will be beneficial or detrimental from an animal welfare point of view, as we have just been discussing, we need the evidence to look at that. I do not feel that the Bill as drafted will provide a mechanism for doing that.
At the moment, the Bill has a mechanism specifically for applications for marketing authorisations to be referred to the animal welfare advisory body. It is somewhat open in Bill as to exactly what that body is, as I understand it; it could be an existing body, or a new one. What will be crucial is that we have a proper mechanism in place to have oversight not only of the marketing and the release of any genetically edited animal organisms, but of the actual processes that are going on with the so-called precision breeding, so the animal welfare advisory body needs to have oversight of those processes as well, and that needs to be an obligatory oversight. It needs to have an obligatory reporting role too.
This needs to be an independent body, with suitable expertise to understand and interrogate both the basic science and the animal welfare science, and to understand and explain the ethics around that. It must be independent of Government and of scientists, and it must be independent of any lobbying—around trade, for example. Then it needs to be able to look both proactively and retrospectively at data about the health and welfare of animals that are produced using so-called precision breeding techniques. It would be an independent oversight body—in my mind’s eye, very analogous to the Human Fertilisation and Embryology Authority—that can take an independent look at the data and then make recommendations for policy changes in light of that data, as the science develops.
Daniel Zeichner
Q
Dr Campbell: I am sure you heard in the previous evidence—I was not in the meeting to hear that—that there is still some uncertainty about the effects of genetic editing, in particular the so-called off-target effects. Exactly because of the nature of the techniques, those can be effects not only on one generation of animals, but on many future generations of animals. One could approve something now, but a generation or more down the line, the evidence could become available that would cause you to reconsider that opinion. That is exactly what this independent body would be doing. It would be gathering data about the health and welfare of the animals produced using precision breeding techniques and independently analysing that data, and then making recommendations about whether policy and/or legislation needed to be updated in the light of the developing scientific evidence about health and welfare effects.
Daniel Zeichner
Q
Dr Campbell: No. As I understand the Bill, at the moment there is within the regulations some kind of optional reporting function for that animal welfare advisory body—which, as I say, is not very well specified—but there is no obligatory function. I think it absolutely has to be an obligatory reporting and oversight, data collection and analysis function, and that animal welfare body—whatever it is—needs to be better defined and specified within the Bill, and it needs to be constituted specifically for this purpose, with the relevant expertise within it.
Daniel Zeichner
Q
Dr Mills: I am very grateful for the recommendation for our report.
I have said already that I think that what is perhaps lacking is a framework that sets out positive purposes for precision breeding—a framework in which a body of the sort that Dr Campbell referred to could elaborate standards that could then be applied independently to precision breeding.
The thing about breeding is that we are talking not about one animal, but about a lot of animals. We are talking not about simply the next animal, but about the potential trajectory that is followed by a practice that results in future conditions in the food and farming system. Some attention should be given to those things.
The other thing that struck me coming off the page of the draft legislation was the fact that there was a focus on the individual traits being modified, but of course welfare is not about one trait. The welfare of the animal is about the interaction of a range of traits at the molecular level and the phenotypic level, and it is about the interaction of that set of characteristics of that animal with the environment. What breeding is doing is trying to develop animals and fit them to particular environments, and consideration needs to be given to that as a more general theme.
I am extremely pleased that the Government have taken note of the fact that welfare is an important ethical issue affecting animal breeding, but it is not the only one. A range of other considerations need to be taken into account when one is directing a breeding programme, and those are a range of considerations that are of public interest, and therefore properly, I think, the subject of public policy.
Daniel Zeichner
I am conscious of time, Ms McVey, so I will come back to Peter if I have time.
Deidre Brock
Q
Dr Mills: I concur with Dr Campbell. In the first place, there is quite a lot that is opaque or simply missing, because it is subject to further regulations. It is unfortunate in some respects that you will have to debate the Bill with those uncertainties in front of you. It would be nice to see the constitution and membership of the animal welfare advisory body, for example, specified. The powers, resources, reporting lines and enforcement functions will be really important in thinking about how well whatever government system we end up with for precision breeding functions.
Deidre Brock
Q
Dr Mills: This may be a minor and easily remedied technical point, but certainly from my reading of the Bill, it struck me that in order to release a precision bred organism one had to comply with part 2 obligations and notify the Secretary of State. If that organism was not being made available, however, or marketed, I do not think there is any further obligation to secure prior permission. If that is the case, at the very least the power to make regulations to provide a period during which that release can be examined, representations made, decisions reached and possibly enforcement powers brought to bear should be given effect. That power should be exercised mandatorily rather than at the discretion of the Secretary of State.
Deidre Brock
Did you want to say something, Mr Stevenson?
Peter Stevenson: Yes, if I may. As I said earlier, I think the animal protection provisions in the Bill need to be clarified and strengthened. For example, clause 11, requires an applicant for a marketing authorisation to assess and identify the welfare risks, and clause 12 says the welfare advisory body must then make a report on whether the applicant has properly identified and assessed the welfare risks. To some degree, the way it is written puts the applicant in the driving seat—playing the lead role in determining which welfare risks will receive primary consideration. The Bill needs to be amended to make it clear that it is the welfare advisory body that is in the lead. Of course it will look at the information supplied by the applicant, but the Bill must require the advisory body to carry out its own independent, far-reaching investigation into the possible welfare risks. It should not be fettered by just what the applicant has said.
Clive Lewis
Q
Dr Mills, on gene edited exports, one presumes that once this biotechnology is achieved, it does not make a difference what welfare rights we have in this country for animals. A big part of the Bill is giving British biotechnology the ability to get out in front on this, and we could then sell that technology to other countries that have much lower animal welfare standards. Is that a concern?
Peter Stevenson: I do not know enough about plants to give a proper opinion. When it comes to the animal side, as I said earlier, there are a few cases in which I think gene editing could be beneficial, but ideally I would like to see animals removed from the Bill and much more thought given to how gene editing is going to be used and what protections should be there before legislation is introduced.
For example, the arguments that gene editing can be beneficial in terms of disease resistance have been overstated. Yes of course, if you are looking at diseases that have nothing to do with the way animals are being kept, gene editing for disease resistance can be helpful, but the science is absolutely clear that many diseases stem from keeping animals in intensive conditions. Very specifically, the crowded, stressful conditions in intensive livestock production can lead to the emergence, the spread and the amplification of pathogens. Gene editing should not be used to tackle such diseases. These diseases should be addressed by keeping animals in better conditions. There is a very real danger that if you gene edit for resistance to diseases that primarily result from keeping animals in poor conditions, that could lead to animals being kept in even more crowded, stressful conditions, because they may be resistant to the diseases that are inherent in such conditions.
Having said all that, I suspect Government isn’t about to drop animals from the Bill. I have talked about how the Bill should be strengthened in terms of giving a stronger central role to the welfare advisory body, but it also needs to be strengthened in setting out what that body should be looking at. The Bill is very unusual. Usually primary legislation provides more definition.
For example, the welfare advisory body should be looking for things like a piece of gene editing aimed at animals growing faster or providing higher yields, and asking, “Has this caused a problem for animals that have been selectively bred for such purposes?” If it has, it should be very careful and look at whether that is likely to happen with gene edited animals. It should also be asked to look at whether the desired objective of the gene editing could have been achieved in less intrusive ways. An awful lot more thought needs to be given to the use of gene editing in animals.
I will add one point. It is more than 50 years since Ruth Harrison’s book “Animal Machines” first alerted us to the dangers of intensive livestock farming, yet gene editing is doing exactly that: treating animals as machines that can be fine-tuned to make them a bit more convenient for us. The Bill sits at considerable odds with the recent Animal Welfare (Sentience) Act 2022 that regards animals as sentient beings. The two do not mesh.
Dr Mills: To pick up on what Mr Stevenson said and to clarify, the Nuffield Council certainly sees many benefits in genome editing as applied to animals. Unlike perhaps a number of other commentators on the issue, we does not see genome editing as necessarily being the last resort. We recognise that, in some cases, there are social conditions that are every bit as intractable as the biology of animals; indeed, given the technologies that are becoming available to us, the biology of animals is perhaps more tractable. Our way of approaching this is to treat those things symmetrically and to consider in what way different interventions might promote a just, healthy and sustainable food and farming system, taking into account the interests of the people and animals that are dependent on that system.
You asked about the technology being sold to countries that have lower animal welfare standards than the UK. I am very happy to live in the UK, a country that does respect animal welfare. Of course, the science and the technology are very easily translated across national and jurisdictional boundaries, but that really is an argument for the governance of breeding according to purposes. It should be consistent with the purpose of securing safe, just and sustainable food and farming systems. A technology can be applied in any number of contexts, and one cannot necessarily control them all. However, if you set out in the right direction, you have a much better chance of arriving at a desirable destination.
Dr Campbell: Chair, may I comment on that?
The Chair
Yes, you can. The question was not directed to you—again, I am mindful of time—but of course, please do come in.
Dr Campbell: I will be very brief. I just wanted to pick up on one thing said by Mr Stevenson and one by Dr Mills. Mr Stevenson mentioned the scope of the animal welfare advisory body as it is written into the Bill, and I think he is absolutely right. It needs to be increased so that it has a more proactive function and looks at the actual process of precision breeding, not just looking at marketing authorisation applications. I know you talked before I joined the meeting about the interaction between the ASPA and this piece of legislation. I think it is going to be very important to understand that and whether the Bill is proposing to bring some genetic precision breeding out of the ASPA and into a non-ASPA realm. The advisory body will be important there.
That brings me on to the point about the international aspects of this legislation. I am very aware that one can go online now, already, and buy a genetic editing kit for frogs, including live frogs. You have to purchase it in the States—I checked this morning before I joined. We must be careful of having a system in place that carefully regulates professional scientists, but somehow allows others to undertake genetic editing of animals outside of it. That will be very important to protect animal welfare, as well.
Katherine Fletcher (South Ribble) (Con)
Q
Dr Campbell: I think I see what you are getting at. Obviously, in normal, non-experimental areas, one would be looking either at the Animal Welfare Act 2006 or at the Veterinary Surgeons Act 1966. I think what is different here is the potential for off-target effects, which at the moment are not very well understood and not predictable. We need to have a mechanism for keeping a very close eye on those.
I have one more point. There is—carried over from the consultation on this Bill, I think—an idea that a mutation, effectively, that could occur in the wild is really no different from what we are trying to achieve by genetic editing. And while it is true that a mutation might occur in the wild, that does not necessarily mean that it is not a bad thing. And anyway, when we are doing the genetic editing, we are very deliberately trying to cause something at a very high incidence, and that probably would not be the incidence of the mutation in the wild. So I do think there is a difference between employing these technologies and just more general selective breeding, and so-called traditional breeding is currently ill defined in this Bill.
Katherine Fletcher
Q
Katherine Fletcher
Okay, I will ask this in one sentence. Current animal welfare standards are not in this Bill, but we have animal welfare standards—is that right?
Dr Campbell: We have animal welfare standards under the Animal Welfare Act 2006, certainly. A noticeable thing about this Bill—I think someone else mentioned the Animal Welfare (Sentience) Act 2022—is that, as I understand it, the Bill is relying on the definition of animal in the Animal Welfare Act and that of course is less comprehensive than the definition in this year’s Animal Welfare (Sentience) Act. It does not include cephalopods or decapods, and I am unclear on why that is.
Katherine Fletcher
In the interests of time, perhaps we can pick this back up and explore it later. I am conscious that others want to come in, Ms McVey.
The Chair
Okay, with two minutes left, is it possible to get Kerry McCarthy and Andrew Bowie in?
Kerry McCarthy
Q
Peter Stevenson: No, the codes do not address breeding issues in any very clear way, other than sometimes through a broad principle to say, “Yes, be careful how you breed in order not to harm animal welfare.” We have a huge amount of legislation in this country, but just one or perhaps two provisions that deal with breeding, and they are so broadly worded that they have never had any impact on the harms done by selective breeding. To go back to Katherine Fletcher’s point, I think it is vital that there is something in this Bill to protect animal welfare, because the current legislation, as I said, has really very little on breeding, which is why we have all these problems. If this Bill is going ahead—I know it is—let us at least have some good, well-crafted animal welfare protections.
Katherine Fletcher
Is not the implication of that that you would be telling the scientists what to do?
The Chair
Sorry, but we have only 30 seconds left. Can you do a quick question, Andrew Bowie?
Andrew Bowie (West Aberdeenshire and Kincardine) (Con)
Yes; this is just to Peter Stevenson. We all agree that intensive farming and seeing animals held in situations that we would not have in this country engender disease and all the rest of it. We see that around the world. Is not it better that we use the technology and science being developed in the UK, at places such as Roslin, to try to edit out those diseases, because practically, these animals are being held in conditions that would not be acceptable in this country? We can export that technology overseas.
The Chair
Order. I am afraid that brings us to the end of the time allotted for this sitting, but I want to say thank you very much indeed to Dr Peter Mills, Dr Madeleine Campbell and Peter Stevenson for being with us here today.
Ordered, That further consideration be now adjourned. —(Gareth Johnson.)
Levelling-up and Regeneration Bill (Seventh sitting)
Thursday 30th June 2022
(2 years, 5 months ago)
Public Bill CommitteesRead Full debate Levelling-up and Regeneration Act 2023 View all Levelling-up and Regeneration Act 2023 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 30 June 2022 - (30 Jun 2022)
The Committee divided: - Ayes: 6 / Noes: 9 - Question accordingly negatived.
The Chair
Before we begin, I have a few preliminary reminders for the Committee. Please switch all electronic devices to silent mode. No food or drink, except for the water provided, is permitted during Committee sittings. Hansard colleagues would be grateful if hon. Members emailed their speaking notes to hansardnotes@ parliament.uk. It is a little muggy, so I am happy for hon. Gentlemen to remove their jackets, if they so wish.
Clause 7
Combined county authorities and their areas
Alex Norris (Nottingham North) (Lab/Co-op)
I beg to move amendment 46, in clause 7, page 7, line 5, at end insert—
“(3A) Condition C is that the public in the area have been consulted.”
This amendment would require public consultation to take place before the establishment of a CCA.
The Chair
With this it will be convenient to discuss the following:
Amendment 48, in clause 22, page 18, line 33, at end insert—
“(c) the public have been consulted.”
This amendment would require public consultation to take place before the amendment of a CCA area.
Amendment 49, in clause 23, page 19, line 35, at end insert—
“(c) the public have been consulted.”
This amendment would require public consultation to take place before the dissolution of a CCA.
Alex Norris
It is a pleasure to serve with you in the Chair, Mrs Murray. We had a very good first day of line-by-line consideration on Tuesday. We had interesting debates, held in good spirits, and where we differed, we were able to do so well. I am sure that we will do similarly today. I hope that we may have a little more luck moving the Minister, and even if we do not in substance, we may at least establish some agreements in principle.
Today we start our consideration of part 2, the final half of the levelling-up provisions in the levelling-up Bill. There is a certain oddness to the fact that we will be considering the Bill well into September but will finish the levelling-up bits shortly. That pushes me back to the point I made at the beginning on Tuesday: this is not wholly a levelling-up Bill anymore. Nevertheless, the bits that we have in front of us are very important.
Clauses 7 to 70 establish combined county authorities, which will be the essential building blocks of sub-regional devolution. If done well, they will be the foundations of local place-shaping architecture that will drive forward levelling-up across our nations and regions. We do not have an issue with the establishment of CCAs—indeed, we support their development—but we think there are various ways of improving them, and those are covered by these amendments and amendments to come.
Some basic principles govern the amendments. First, we want to see greater public involvement. Secondly, we want to see strengthened local leadership. Thirdly, we want to see access for all communities to the highest level of powers. Fourthly, we want the Government to be non-prescriptive on the governance model. I might add as an addendum that I hope to hear from the Minister that the Government really intend to let go; they do not want to devolve powers but then still keep their hand in to guide communities when they do not get from them the answers they want. Where the Government can meet those tests, we will support them, and when they do not, we will seek to enhance the provisions.
Clause 7 establishes new bodies corporate, the combined county authorities. I will say a little on the distinction between CCAs and their sister organisations, combined authorities—as established by part 6 of the Local Democracy, Economic Development and Construction Act 2009—when we debate amendment 15. At this stage, it is important to understand our amendments by understanding what these new regional, or presumably sub-regional, structures will do. They will be at the heart of the levelling-up agenda when it comes to leadership. These bodies will receive power and money from the centre and use them to drive forward the development of their communities. If it turns out that levelling-up has succeeded, as we all hope it will, it will be because these bodies have succeeded. We have already seen the success of those rather similar, although in law distinct, bodies in parts of the country. Examples are the Greater Manchester Combined Authority and the West Midlands Combined Authority. We could list them all, but I will not do so. However, we can see that success across the country.
That said, we have to be clear that these bodies must be structures that work for communities. They are not conveniences for central Government or regional leaders. They must be bodies that drive collaboration across the public, private and voluntary sectors and, critically—this is the spirit of our amendments—that connect the public to the process of levelling up and improving their communities, getting the public involved in the decisions that shape their communities and lives. Amendments 46, 48 and 49 would start that process. If we fail to connect the public to the process then, despite the promises made in the White Paper on communities shaping their own futures, that just will not happen. We will be stuck in the progress paradox, whereby things get better but people feel worse, because change in their community happened to them rather than in partnership with them.
I put it to the Minister that one of the biggest risks of this entire programme is that, the Government having told local communities that levelling up will mean a shift of power from the centre to communities—from Whitehall to town hall—some power moves instead from the centre to the sub-region. That sub-region, which is currently an alien concept to most people, will be a new tier of politicians and public figures who are at a level even further away from people than their local council and who are harder for them to engage with, and certainly harder for them to remove. I do not think that will meet the public expectation test. It is really important that we demonstrate that the public are equal partners in the process and that it is done with their consent and commitment; otherwise, the new bodies will sit in isolation and will not deliver what they are supposed to deliver.
Amendment 46 makes a simple but important point. If the Minister wishes to secure for the Secretary of State, as in clause 7(1), the power to establish the new bodies, we really ought to establish whether the public want them, understand their value and understand their role in them. Currently, clause 7 allows for the formation of combined county authorities should two tests be met: condition A is that the area consists of
“the whole of the area of a two-tier county council”
combined with either
“a unitary county council, or…a unitary district council”;
and condition B is that the area is not already part of another CCA, an integrated transport area or a combined authority. The amendment would add condition C, which is that
“the public in the area have been consulted.”
That is a low bar—indeed, I have lightly prescribed it and would recommend then tightening the mechanisms in the guidance that follows the legislation—but it is nevertheless a crucial test to ensure that the body is set up in the public interest and is actually what people want.
My own local community is a pertinent example. It is no secret—it is in the White Paper—that the Minister and the Secretary of State hope to form county deals that lead to CCAs for Nottingham and Nottinghamshire and for Derby and Derbyshire. From all the coverage, I understand that those two deals are likely to come together. As a Nottinghamian I have doubts about that as a natural geography, but it is not necessarily about my views, or indeed the view of my constituency neighbour, the hon. Member for Broxtowe, who I am sure has his own views, or indeed the views of the Minister, as the initiator from the centre; it is about the views of the million-plus people who live in our community and whose future will be shaped by such deals. It is important that it happens with their consent and understanding, that the case is made for that geography, and that their views are properly and meaningfully tested and given due prominence in the discussion. That is a reasonable thing to ask and, if we are to get the bodies off on a good footing, a good idea and a good place to start.
Amendment 48 is a counterpart to amendment 46 and would amend clause 22, under which the area of a CCA might be amended in future. It mandates public consultation on a non-prescribed basis. It is even easier than the requirement for public consultation under amendment 46, because currently that would mean talking to people in the abstract: “You currently have a central Government, a local government, and you may have town and parish councils, a county council, two-tier local government or a unitary authority, as in the city of Nottingham. We are going to create this new body about which you do not know yet because you do not have a combined authority yet.” That will involve a certain amount of explanation and high-quality information. With amendment 48 it would be a bit easier, because at the relevant stage CCAs will already be established so it will be easier to ask the public whether they wish to enter or leave an established one.
Similarly, amendment 49 would amend clause 23, under which a CCA might be dissolved. Again, that is rather easy to explain to the public or for them to understand: “You have a CCA; do you wish to still have one? Here might be the reasons either way.” I have a lot of confidence that the public are more than capable of properly engaging in those decisions. In fact, I think there is significant public expectation of that engagement. As leaders in this place, we should look with some concern at the polling every couple of months on public trust and confidence in Parliament as a whole, and in our ability to enact the changes that they want. There is a high degree of scepticism. People are actually more confident in local government.
The strand that comes through all that polling is that people want to have a say. If we establish such important bodies, which will have a significant say on levelling up, we need to ensure that the public have been engaged at the earliest point.
Tim Farron (Westmorland and Lonsdale) (LD)
It is great pleasure, Mrs Murray, to serve under your guidance. I will say a brief few words, broadly in support of what the hon. Gentleman said about consultation.
Devolution is not devolution if it is done on the terms of central Government, by definition; nor is it really devolution if it involves hoovering up the functions of lower-tier councils. It is not devolution if it is done for the convenience of people in Whitehall and does not involve listening to the people in the communities directly affected. Setting up combined council authorities may indeed be an important building block in delivering what the Government see as levelling up, and I can see the merits in it, but although consultation needs to happen—it is right that it is written into the Bill—it also needs to be meaningful.
Twelve months ago, the Government had not settled on any kind of reorganisation for Cumbria—I speak from not bitter, but rich, personal experience—and we are now two months into a new authority, which was elected at the beginning of May and on which, I am pleased to say, the Liberal Democrats have a majority. Westmorland and Furness Council was but a twinkle in the Secretary of State’s eye only a year ago, however. There was a consultation, but less than 1% of the population of Cumbria responded to it. Generally, most people were of the view that the proposals were meddling top-down reorganisation for national, rather than local, purposes.
Remember that Cumbria itself was established in the early 1970s, when the historic counties of Westmorland, Cumberland, Lancashire over the sands, and the West Riding of Yorkshire were put together. That county kind of worked, but someone who went to Sedbergh would have to talk about cricket in a very different way from if they went to Grange. The reality of local identity is hugely significant. A consultation in which a few engaged people fill in a form on the internet is not consultation. It is a consultation in name, but the majority of people are not actually listened to.
If consultation is to be formally included in the Bill, that is fine, but I want it to be deeply embedded so that communities actually get a say about the boundaries that may be formed by any new combined council authorities. I am fortunate that every single blade of grass in my constituency is parished, but not every part of the Westmorland and Furness Council area is parished. It is important that voices in each part of the new authorities are able to express the views of those communities.
Consultation is vital, but it should be more than just a word. Arguably, as a society, we have never been more consulted but less listened to. Let us make sure not just that consultation is included in the Bill, but that it is ingrained in the practice of developing the new authorities, so that communities’ cultural identities are reflected and the wishes of the people on the ground go towards building those authorities, which should be built not for the convenience of Whitehall, but for the empowerment of communities in Cumbria and across the rest of the country.
Rachael Maskell (York Central) (Lab/Co-op)
I, too, will speak in favour of the amendments. Consultation is so fundamental to the Bill because it is important that the power of our communities and the public be on a level with that of Government. The public bring the expertise and know the nuances of their communities so well that they can advise Government on what is best for them. That expertise can be overlooked in a top-down approach. It is essential that there is proper consultation—not just information—because being able to participate will give people agency in the democratic structures that will be developed.
Robbie Moore (Keighley) (Con)
I appreciate that we are just on clause 7, but has the hon. Lady considered clauses 42, 44 and 45, which provide the means for public consultation?
Rachael Maskell
I am grateful to the hon. Gentleman for highlighting why it is so important to sew that principle right through the Bill to ensure public consultation—including in clause 7. It is an important principle which is why I hope that the Government will accept the amendments.
Mrs Emma Lewell-Buck (South Shields) (Lab)
With respect to the hon. Member for Keighley, clauses 42, 44 and 45 do not relate to consultation at the initial stage of CCAs, but that is what we debating now, is it not?
Rachael Maskell
My hon. Friend is absolutely right. We want communities to be involved in their own destiny before there is any ink on the paper. That consultation and working through the stage of each process to bring the CCAs together is also important. That is why we want that process to be embedded in the Bill.
We have recently been through a local government reorganisation in North Yorkshire, and that has been quite a painful process for many of the district councils as they have come together to form the new North Yorkshire County Council. York was part of the initial consultation and because we had a voice, we were able to stake our claim not to be brought into that authority. We argued that we had our own identity, going back to King John and the charter that established York as a city. If we had lost that identity, we would have lost a significant place on the global stage. The original proposal was for York to disappear and to be replaced by a North Yorkshire East and North Yorkshire West model. If the identity of such a significant city had disappeared, there would have been no heart to Yorkshire, nor any identity. That is why I am glad that we had proper consultation about that process, and that is why it must be replicated in this legislation.
To Labour, the people’s voice really matters, and we want to see people’s voices coming through so that they are involved. Nothing in a Government agency should be superior to those we represent. I trust that the Government will reconsider the amendments and see the opportunity that they present to them, if not to the people.
The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Neil O'Brien)
It is a pleasure to serve under your chairmanship, Mrs Murray. I echo the comments from those on the Opposition Front Bench about the quality of the debate on the first day of line-by-line scrutiny. I hope to continue that tenor and interesting dialogue.
We completely agree with much of what Opposition Members have said, which is why we have provided for exactly what they want in the Bill. Let me expand on that. In the levelling up White Paper, we announced a new institution that we believe can provide the strong leadership and effective and coherent collaboration needed for a strong devolution deal in certain circumstances. This new institution is the new combined county authority model, referred to in the Bill as a CCA.
As Opposition Members have said, the appropriate circumstances for that model is where a county deal covers an area with two or more upper tier local authorities. Those upper tier local authorities will be the constituent members of the CCA. Although we have not yet of course established any combined county authorities, because we are legislating for them here, we need to look to the future, as Opposition Members have said, and anticipate a scenario where an established CCA wishes to change its boundary. Since there is no benefit in a shell institution existing in perpetuity, it is only right that the legislation provides for such an institution to be abolished.
Wherever a CCA is planned to be established, its boundaries changed, or is to be abolished, we absolutely want to see the local public being consulted on the proposal, but the amendments are unnecessary, because the requirement for a consultation on a proposal to establish, amend or abolish a CCA is already provided for in clauses 42(4)(a) and (b), and 44(3)(a) and (b). Those provide an opportunity for local residents, businesses, organisations and other key stakeholders to have a say on the proposal, exactly as my hon. Friend the Member for Keighley pointed out. A summary of the consultation results must be submitted to the Secretary of State alongside the proposal and have regard taken of it.
There is a further safeguard in clauses 43 and 45, which provide that the Secretary of State has to undertake a consultation before creating, amending the boundary of, or abolishing a CCA, unless there has already been a consultation in the affected areas and further such consultation would be unnecessary. That will ensure that there has been sufficient public involvement in the consideration of whether it is appropriate to establish, change the area of or abolish a CCA. As such, I hope that I have given sufficient reassurance that the amendments would be purely duplicative for the hon. Members to withdraw them.
To touch on a specific point, the hon. Member for Nottingham North talked about initiators of devolution at the centre, we are the initiators of the devolution process in one sense. However, we are not the initiators of devolution deals for particular places. Ahead of the levelling-up White Paper, we called for expressions of interest, and we only move forward—we can only move forward—with a devolution deal if it has the support of locally elected leaders. In that sense, we are not the initiators; it takes two to tango, and that is the nature of devolution. In this Bill, it comes with what I hope for Opposition Members is sufficient requirement to engage in deep public consultation, and for that consultation to be listened to properly, as said by various people.
Alex Norris
I am grateful for colleagues’ contributions. They were good ones. Briefly, the example given by the spokesperson for the Liberal Democrats, the hon. Member for Westmorland and Lonsdale, was a salutary tale. Again, there is the idea that something so significant might be engaged in by only 1% of the population; if that is where we end up with these structures in future, it would be really problematic and almost undermine their ability to perform from the outset.
On the points made by my hon. Friend the Member for York Central, I have not quite found the right moment in the debate to talk about integrated care systems, but that is a good example of another very significant body that will have to engage with the county combined authorities in some way. The footprints do not sit elegantly, and they do not in life—I understand that. It is easy in countries such as the US perhaps, where they have defined, existing state borders—okay, everything can fit elegantly around that, but it can still get confusing at the margins.
There is a challenge there, but I think that it gives greater strength to the case for public involvement, rather than saying we ought to sit here with a map and carve things up. The people who know that best and how the sensible natural geographies work are the general public. The answers lie there, and it happens naturally—people know at what point they start to look, say, northwards to the hospitals in the north of the county, rather than to the one in the south, as happens in Nottinghamshire. That is a strong case for greater public involvement.
I am, however, reassured by what the Minister said about the provisions in clause 42(4)(a) and so on—the hon. Member for Keighley mentioned them, too. The reason for the separate amendment was my concern for the process to be one that happened not as an ABC condition right at the beginning, but as a co-equivalent term of engagement. Clearly, from what the Minister said, the intent is not to come alongside a proposal: “Have you brought your consultation with you? Right, that is ticked, therefore it is done.” On that basis, I will not press my amendment to a Division.
I will finish on the point the Minister made about initiating devolution. I am not sure that I quite agree with what he said. First, of course the centre is the initiator, in the sense that we could not have these bodies if we did not have the Bill, and we could not have the Bill if a Minister of the Crown had not presented it—so the centre is the initiator in that sense.
Also, I love the idea that the Government’s view is that local communities of a natural geography would come together to ask for county combined authorities and, most importantly, the powers that come with that, and the Government would respond on the quality of that application, but the White Paper already tells us the 10 areas that the Government are prioritising. That is “initiating” in any sense of the word; those are the areas chosen and the geographies for those areas have been chosen. There is no sense that this is a “come one, come all” process, as the Prime Minister has previously said— come to him or the Minister with ideas and “We will give you the powers you need.” That is not what is in the White Paper—it is very clear who it is who is being called forward. So I challenge the Minister’s point on that, but I am grateful for the comfort he has given on the amendment and I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Alex Norris
I beg to move amendment 15, in clause 7, page 7, line 7, at end insert—
“(4A) “The Secretary of State must commission an independent evaluation of the merits of establishing CCAs as distinct from combined authorities and must lay the report of the evaluation before Parliament within 12 months of this Act coming into force.”
This amendment would require the Secretary of State to conduct an independent evaluation on the merits of the new Combined County Authorities established in Clause 7 and to report the findings to Parliament.
As we have discussed, the clause establishes county combined authorities if conditions A and B are met. The latter is the most pertinent. CCAs are different, though complementary, to combined authorities, which already exist under part 6 of the Local Democracy, Economic Development and Construction Act 2009. The clause essentially rolls out combined authorities so that all communities can have access to devolved powers, which is of course a very good thing.
That raises the question of why we need this clause, as we have the power on the statute book already. We need to be very clear, because this is a significant policy change. The Government feel that there is a need for CCAs alongside combined authorities. The decision to form such a combined authority can be decided at the upper tier, which essentially removes what the Minister termed, in the evidence session, the district council “veto”—we will get into that point more when we reach clause 16. This is a significant moment, a significant distinction and a significant divergence from current policy, which will have a significant impact for all those areas with two tiers of local government. I have no doubt that it will elicit strong feelings about whether district councils should be a formal partner in the process; the powers included here mean that, in the future, they will not be.
Amendment 15 is perhaps slightly less exciting. We will now have essentially two sets of organisations that basically do the same thing, or which will be used largely interchangeably in this place, the media and in public conversation. I expect that Ministers will engage with both types of organisation similarly—there is nothing in the White Paper to suggest otherwise. I understand the value in getting them going, but—I am leaning on the expertise that the Minister has access to—does he have no anxieties that that different legal status may lead to unintended consequences down the line in terms of what the organisations can and cannot do? We might end up with a divergence that we are not seeking. As far as I have had it explained, the only reason for divergence is for the ability and convenience of getting these things going.
The amendment asks that within a year of the Act coming into force, the Secretary of State commissions a report that establishes whether it is desirable to have this technical difference for things that are substantively the same.
Rachael Maskell
I can already hear what the Minister is going to say in response, because we rehearsed some of these arguments on Tuesday. The importance of the independence that the amendment points to should also be drawn out. If we are building confidence between communities and Government and establishing a new tier of power and of democracy, having rigour and independence is also important, to ensure that we can progress proposals on CCAs. Does my hon. Friend agree that that is a vital element of what the amendment proposes?
Alex Norris
Yes, that independence and transparency will be the theme of a lot of our discussions. I make no apology for that. In this case “independence” was carefully chosen because we need to be clear that the reason for setting up a new class of combined authorities as distinct from those cited in the 2009 Act is one of convenience, because it means that something will be done. The broad agenda has been stuck, spinning its wheels, and there are no more combined authorities in the works because those who were able to form consensus have done so and the rest, presumably, are unable to do so. The Government of the day have the right to bring forward proposals, as they have done, but the amendment is designed to provoke a clear response from the Minister that there is no danger of separate treatment for those bodies that is not intended at the outset.
Tim Farron
This is important because the suspicion of many people is that this is a back-door way of circumventing district councils. We have been through reorganisations in much of the country, and for those places that have escaped somehow, such as Lancashire for instance, the Bill is a way of making sure that they all behave themselves and come under an aegis of an organisation set up by the Government.
In many cases, there is great value in two-tier authorities. If we believe in devolution, it should be knitted together and initiated from the grass roots and not from Whitehall down. If the CCAs are the building blocks through which levelling up is to be delivered, that must be done on the basis of an accurate analysis of the respective needs and desires of the communities involved. Independence in this context applies to the assessment of the value of the boundaries and the nature of the CCA. That is vital, particularly to put at rest those who may fear that CCAs represent a back-door way of scrubbing out the powers and relevance of district councils, even parish councils. I hope that the Government appreciate that fear and seek to address it.
Neil O'Brien
In my earlier comments, I set out the CCA model and talked about the rationale for it. Some areas that we are discussing a devolution deal with are considering adopting that CCA model. But even with those first areas, it is highly unlikely that the deals will be negotiated, announced and implemented via secondary legislation, and CCAs established and up and running within the 12-month period of this Bill receiving Royal Assent. That would render the report’s evaluation no different in 12 months’ time from today.
Opposition Members rightly want to have a debate in Committee about the CCA model. I have said a bit in our previous sessions about why we are doing it, but let us take the discussion a bit further. The purpose of the CCA model is to make devolution practically possible in two-tier areas without requiring unitarisation. The hon. Member for Westmorland and Lonsdale talked about districts coming under the aegis of a CCA, but that is not quite right. It could easily be that only top-tier authority powers are devolved to the top-tier authorities in a CCA. If they do not want to, the districts may choose not to take part. They are not having their powers or responsibilities changed, but the difference is that they are not able to veto their neighbours from getting devolution or making progress.
I am perfectly happy to stand here and make an argument about fairness, because I do not think it is fair that one district can veto progress for a large number of neighbouring districts and boroughs for top-tier authorities, particularly if it is not being forced to do anything, as is the case under the Bill. It is simply unfair for such a district to be able to stop their neighbours going ahead.
The Opposition sort of alluded to the practical reality in that although I would not rule further mayoral combined authorities in the future, in a lot of a country that currently does not have a devolution deal, the CCA model will be the practical way of delivering that. In practice, if we do not have that model, we will just not make progress. I can think of one area that we currently discussing that has a very, very large number of district councils, and it is exceedingly unlikely that we would be able to agree a sensible agreement if every single one of them were given a veto.
In a sense, the amendment is to push us, not unreasonably, to talk about the whether the CCA model is the right one. The proposed evaluation is in one sense called for so that we can now discuss whether this is the right thing or not. I think we have been clear. There is no back door. I am standing here telling Members why we are doing it right now and what it does and does not mean. We will discuss some of the nuances when we consider further clauses, and we absolutely have to get that right. However, the amendment and the evaluation proposed would essentially not add anything to our conversation this morning, whether one believes that the CCA model and the removal of that veto is right or not. That is why I ask the hon. Gentleman to withdraw the amendment.
Alex Norris
I share a lot of the views expressed by the hon. Member for Westmorland and Lonsdale about districts, which we will have the opportunity to discuss further in the debates on future amendments. I also agree with what he said about parishes. I hope the Bill is the single biggest step forward for parish and town councils in terms of the community powers that they can exercise, closest to the lowest possible level, to give communities a real say in what happens in their area. The Bill does not currently say that but we will seek to add it in due course.
I have a number of points to make about what the Minister said. I appreciate his candour, which reflects well, as it would be easy for him to obfuscate. I take him at his word, but I am surprised that there is a sense that within a year of the Bill achieving Royal Assent, which itself is some months away and probably nearer to Christmas, we will not have had any future deals agreed under these provisions. That genuinely surprises me, and I suspect it will surprise quite a few people who are currently negotiating such deals. I understand that the Minister has May 2024 in mind for elections; that timescale does not give us an awful lot of time, which poses its own desirability problems.
I disagreed with the Minister’s point that rather than this being about circumventing districts it is about making combined authorities possible without requiring unitarisation; that is not quite right. Deals have been made that involved district councils and they did not require unitarisation; they required consensus and understanding. I do not think it follows that it is either what is in the Bill or unitarisation, which leads to the point about districts not losing power. We will test that later, but I am glad that the Minister has put that on the record because it is important.
The Minister made a point about fairness, which I understand. He alluded to an example in which a deal with perhaps 15, 18 or 20 partners could not go ahead because one partner was able to say no to the whole process; I agree with him that that is probably not a good thing. Possibly, that is a point about fairness, but there would be other ways around it, such as to allow districts to exit a process and others to carry on. Again, there are benefits and disbenefits to that. Rather than a single district being able to veto the whole process, it could be done by a super-majority, given the significant nature of the decision.
Neil O’Brien
The hon. Gentleman has touched on a really important point. He has encapsulated in a very neat way what we are trying to establish here, which is the ability of districts to participate if they want to and not to if they do not want to.
Alex Norris
I am grateful to the Minister, but I do not think that will be the effect of the legislation. The reality is that a combined authority area can be formed for the area that includes the district council, whether it wants that or not. Indeed, the district council will have limited say. I do not want to prejudge the discussion we will have when we come to clause 16. It is welcome that the Minister has nailed his colours to the mast, but the reality is other mechanisms could have been chosen. The Government have chosen this mechanism, so it is right that we probe it. We have been able to do that and, as I am at risk of moving ahead of the discussion, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 7 ordered to stand part of the Bill.
Clause 8
Constitutional arrangements
Alex Norris
I beg to move amendment 16, in clause 8, page 7, line 24, after “about the” insert “initial”.
This amendment, together with Amendment 17 would give the power to vary the constitutional arrangements of a CCA to the CCA alongside any elected Mayor.
The Chair
With this it will be convenient to discuss amendment 17, in clause 8, page 7, line 25, at end insert—
“(1A) After regulations containing those initial arrangements have been made, the responsibility for varying the constitution lies with the CCA in conjunction with any elected Mayor.”
See explanatory statement for Amendment 16.
Alex Norris
The amendments would alter clause 8, which allows the Secretary of State to establish constitutional arrangements for a county combined authority, which are important and establish the terms of engagement. We Members know as well as anybody else that the basic rules by which a body corporate operates can have a significant impact on decisions and outcomes—although they might not be codified in one place, lots of significant rules and conventions guide our activity—so it is possibly not a surprise that we may be the type of people who get very interested in these sorts of things.
Rachael Maskell
My hon. Friend is making an important point about the autonomy of CCAs to control their destiny. We recognise that we are on a journey of devolution. In her evidence, the West Yorkshire Mayor, Tracy Brabin, spoke about how she sees the intersection between her role and that of overseeing the police and taking a public health approach, which shows how things can evolve. As she does that, other authorities will be looking on and looking to replicate such opportunities. Does my hon. Friend agree that CCAs have to be given latitude so that they can make determinations about their own evolution and, as time goes by, get more powers to fulfil the aspirations and opportunities that need to come to local communities, let alone do anything to address the inequalities?
Alex Norris
I share my hon. Friend’s view. That point was made very clearly in Tracy Brabin’s evidence. Having said that we in this place have an interest in constitutions and the rules of the game, my strong belief, as someone who wants to see change happen in my community and to see my community improve in a vast range of areas, is that form should follow function. What are we trying to get out of these bodies? The structures—the bodies and committees that need to be in place—should then flow from that. I strongly believe that the people best able to decide that will be those who operate locally in the combined authorities.
The Government have to set the broader parameters, but I am hoping to hear from the Minister that those are likely to be de minimis involvement and that, instead, they will positively cut the link and allow county combined authorities to drive action forward without worrying about that tap on the shoulder telling them that even though they said they wanted to do that, they cannot.
Neil O’Brien
In our response to this amendment, it is crucial that we hold in our minds the distinction between local standing orders for combined authorities on the one hand and the statutory instrument setting out things such as voting arrangements on the other. It is essential for the stability and the establishment of combined authorities that things such as voting rights can be set out in secondary legislation to ensure a stable institution. Of course, the CCA can set out its own local constitution by itself, but those two things are very different.
We have talked already about the county combined authority model; clause 8 is vital to permit the effective operation of a CCA. Before making regulations under this section, the Secretary of State needs the consent of the constituent councils and, where it already exists, the CCA. In other words, the arrangements cannot be imposed against the local area’s will.
To answer the point made by the hon. Member for Nottingham North, the clause closely mirrors the provision for combined authorities, which has supported the establishment of 10 combined authorities, each approved by Parliament. In this instance, “constitutional arrangements” means the fundamental working mechanisms of the CCA, including things such as its constituent membership and voting powers. It is vital that those things are set out in secondary legislation and approved by Parliament. That ensures that CCAs are stable institutions with good governance, in line with agreed devolution deals. It is only right that the core design and operating model of the CCA, such as the constituent membership and the voting arrangements on key decisions, remain in line with the devolution deal agreed by Government and local partners at the outset, with the secondary legislation establishing the CCA being approved by this Parliament.
A CCA can set out its own local constitution or standing orders with additional local working arrangements. It might, for example, set out meeting procedures, committees, sub-committees and joint committees of the CCA. That is done locally, at the right level consistent with our position on localism, and does not require secondary legislation. The Mayor of West Yorkshire pointed out that they were making changes to go from one to three scrutiny committees, which is quite right.
The amendment is really inappropriate and potentially quite dangerous to the devolution process. It is inappropriate because it would allow a CCA to change elements of its constitution that are rightly approved by Parliament and part of the initial devolution deal agreed by all parties locally. It is unnecessary because all the other elements of a constitution can already be changed by the CCA locally. I hope to have given sufficient explanation for why we will ask Members to withdraw amendments 16 and 17.
Alex Norris
I am grateful for that response. I take slight exception to the idea that the constitutions cannot be imposed without will. Yes, of course, all the members of the county combined authority will have had to have signed up to it—I understand that—but it will presumably be an indispensable part of the wider package, so we would be asking for local areas to turn down possibly many millions of pounds’ worth of funding, plus transport powers, extra housing powers and powers on skills, because they do not like the shape of the constitution. Of course they are not going to do that. I would not characterise that as them entering into it with the freest of free wills.
Neil O’Brien
Perhaps it would help if I were to expand a little. If I were a local government leader considering joining a CCA, I would want to know that the key arrangements for it, such as voting arrangements, would be stable over time and could not suddenly be changed by a potentially transient majority of local authority leaders who are members of it. To be honest, if I felt that that could happen to my local authority, I would be wary about signing up to a devolution deal on that basis. That is why certain core functions of these things are rightly set in secondary legislation, while other elements are rightly for local decisions so that they can make arrangements work for them and make things work locally.
Alex Norris
I am grateful to the Minister. I understand that, but I would like to know that local authorities will not fall victim to a one-size-fits-all arrangement. One could argue either way, which is fine.
The Minister’s point about local standing orders has addressed most of my concerns. He said that the arrangements remain in line with the original deal, but that cuts both ways. If he is saying no to local variation but yes to the idea of local standing orders, that must also mean that the Secretary of State will not make such changes. If we start to see variation between those deals, that becomes challenging, but I am getting ahead of the amendment before us. I am grateful for the clarification on local standing orders, and I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 8 ordered to stand part of the Bill.
Clause 9
Non-constituent members of a CCA
Alex Norris
I beg to move amendment 18, in clause 9, page 9, line 30, at end insert—
“(7) The Secretary of State must publish an annual report on the non-constituent members appointed to each CCA. This report must include:
(a) the age of all non-constituent members,
(b) the gender of all non-constituent members, and
(c) the ethnicity of all non-constituent members.”
This amendment would require the Secretary of State to make the age, gender and ethnicity of non-constituent members of CCAs publicly available.
The Chair
With this it will be convenient to discuss amendment 19, in clause 10, page 10, line 3, at end insert—
“(5) The Secretary of State must publish an annual report on the associate members appointed to each CCA. This report must include:
(a) the age of all associate members,
(b) the gender of all associate members, and
(c) the ethnicity of all associate members.”
This amendment would require the Secretary of State to make the age, gender and ethnicity of associate members of CCAs publicly available.
Alex Norris
Clause 9 allows county combined authorities to designate non-constituent members—presumably other bodies such as integrated care boards, chambers of commerce and others—as nominating bodies. Clause 10 allows CCAs to designate associate members. I presume that those provisions are designed to enhance discussion and collaboration, which is a good thing for which we have argued throughout proceedings. CCAs ought to be partnerships between those sectors, and it is right that that is reflected in the Bill. Good examples abound throughout the country, and it is quite interesting to see the different approaches that combined authorities have taken.
Liverpool city region has a local economic partnership representative and a Merseytravel representative; West Yorkshire has a local economic partnership representative; and West Midlands has a tremendous range of observers or co-opted organisations, such as the Midlands Trades Union Congress, and representation from the young combined authority. In evidence, I asked the Mayor of the West Midlands about how that worked in practice, and it was clear that that combined authority had built an admirable cross-sector culture. I hope we will foster such a culture across the piece.
We are establishing a new tier or class of politician and public figure—especially when adding elected Mayors—and those people will make significant decisions that affect those they serve. They will have their own organisational mandates—elected or otherwise—and will come together to make significant decisions. However, they will be some way away from the public.
It is crucial—I hope there is general agreement among all parties on this—that our democratic organisations and public bodies strive to reflect the communities that they serve, and that we acknowledge the challenges and imbalances when they do not. Poor representation is a bad thing not just for those who are under-represented and suffer the consequences of a decision-making process that does not reflect their needs or interests, but for the institutions themselves. When they do not represent considerable parts of the population, they lose their legitimacy.
I do not think such problems could be amended at the stroke of a pen, but they can be understood, and an understanding of them is what we seek to achieve with amendments 18 and 19. Amendment 18 would add to clause 9 a requirement for an audit on the age, gender and ethnic composition of non-constituent members. Amendment 19 would amend clause 10 so that a similar audit happens for associate members. That information would be updated annually, would be produced by the Secretary of State and would be public and accessible to all.
There are examples of the positive role that legislation can play in empowering us to reveal inequalities and promote change. The Equality Act 2010, one of the final pieces of legislation of the previous Labour Government, is a case in point. It has been transformative, and building on elements of that Act would really enhance our work here. For example, section 106 of that Act requires the publication of diversity data on candidates, but the power has yet to be commenced by the Government, which is a real shame. That weakens our ability as a Parliament to represent the country we serve. Perhaps the Minister can tell us when that power might be turned on.
Rachael Maskell
I am conscious that the most recent census information, which is just coming out, shows a significant change in the demographics of our country. It is important that we not only look at the three protected characteristics mentioned in the amendment, but consider wider protected characteristics—for example, disabled people in positions of authority. As well as reflecting communities, seeing that leadership is often an encouragement.
Alex Norris
Yes, that is right. The suggestions in the amendments form a basis—I would be very keen to build that out across the protected characteristics.
That provision has worked with gender pay gap reporting and has driven a public conversation. I envisage the changes we are seeking to introduce working in a similar way; at the moment of publicity, the reports would create reasoned and informed public debate about how to change some of the inequalities that exist. Diversity data is a really good way of doing that. This is about being honest and having the conversation, so that we might change things. We should start this new class of bodies, which are going to be really important in our communities, on the best footing, with best practice.
Of the Mayors who have been elected so far, only one has been a woman and only one has been from a black, Asian or minority ethnic background. We would not want any new arrangements to exacerbate existing gaps in representation. Of course, ultimately it is up to voters to select who they wish to be their Mayor, but when CCAs have the power to choose associate and non-constituent members, I hope that we would say from the outset that we want to see a diversity of representation.
Rachael Maskell
Does my hon. Friend agree that the act of carrying out an equality assessment and looking at the diversity of the people who are appointed focuses the mind to consider who is being appointed to these posts?
Alex Norris
I think that is right. That has been the experience of the provisions of the Equality Act, and would be the experience here, too. We want these issues to be at the front of CCAs minds at the outset. We want them to speak and work with legitimacy for their communities. They do that by being representative of the communities they serve.
These changes are not onerous. I dare say the report could be done quite quickly. I hope the Government think this is important, that we will hear from the Minister that he thinks it is important and that he will therefore be minded to add them to the Bill.
Tim Farron
This is the third sitting of line-by-line scrutiny and the Minister is yet to accept an amendment, but I have noticed that his tone has been positive and he has engaged with everything that has been put forward, which is very welcome. The tone of debate on all sides has been really positive and constructive. The Government Front Bench has not been dismissive—I am grateful for that; I have been impressed. This amendment seems to be one that he could accept, so I wish he would.
I have a few observations, a couple of which are key. First, it is very important that CCAs, indeed all local authorities, should be engaged and listen to chambers of commerce, trade unions and other community groups. It is vital that they do. There is a slight worry that all this looks a little bit like what happened post the abolition of metropolitan counties in the 1980s, when counties were effectively stitched together afterwards, partly by people who were not elected at all.
The people on the CCAs as non-constituent and associate members may be wonderful people whom we should be listening to, but there is a mechanism for them to become full voting members of the authorities if the elected members choose to give them that right. We are therefore looking at the possibility of having not a version of democratically elected local government, but in essence a quango. I am not sure that we need more quangos; we need more democracy. If devolution is to take place, it needs to take place on the terms of the community to which power has been devolved.
That is part and parcel of the Bill, however, and the Government are quite explicit about this: it is part and parcel of a movement towards devolution and a change in the relationship between Whitehall and the regions, sub-regions and nations of the United Kingdom. It is therefore worth bearing in mind that what we have seen already—the combined authorities, the unitary authorities and potentially now the CCAs—is in effect a scaling up of local government. It might be argued that it is the professionalisation of local government—there are all sorts of ways in which it could be advocated as a positive thing. I have my doubts.
One of the areas I have doubts about is diversity. That is why I think the amendments are important. For example, Cumbria—the centre of the universe, or the centre of the United Kingdom actually: if we draw a line from the Scilly Isles to Shetland, the middle point is at Selside, just north of Kendal, and it is important to say that—had something in the region of 300 to 350 elected members on the two-tier local authorities pre-reorganisation, and roughly 100 post reorganisation. Some people might say, “Good; that’s saving money” or, “Fewer politicians; that’s a good thing,” but what it actually means is that those people who are part-time politicians—most have other lives and other responsibilities—have to do three times more work.
The observation from across the country, not just in Cumbria, is that when we do that, we push out certain groups of people—we limit the number of people who are able to take part in local government. It therefore tends to be older people, with time on their hands, and the men who stay behind. Anecdotally, looking at the people who have chosen not to put themselves forward to the new unitary authority, they are principally people with caring and childcare responsibilities, people in full-time work, and more women than men. They are the ones choosing not to go to the new world of the unitary authority.
That scaling up of local government, making local government less local, in itself has a tendency to be bad for diversity. That is not the Government’s intention—I am 100% sure that it is not—but it will happen, I am certain. That is why the amendment is important and an easy one for the Government to accept.
Neil O'Brien
Let me start by gently taking issue with something the hon. Gentleman said: that this measure is very much like the abolition of the metropolitan county councils. I argue that it is almost diametrically the opposite of that abolition; it is restoring a directly elected and directly sackable leadership for a strategic area.
Tim Farron
The reason it reminds me of that is that once those county councils went, there had to be a stitching together of some kind—so Tyne and Wear went for the Passenger Transport Executive to run the Metro, the buses and all the rest of it. The people on that body were not directly elected, whereas the people who ran it when there was a county council were—that was the analogy, but I take the Minister’s point.
Neil O'Brien
I am grateful to the hon. Member for taking the point, because I agree with the tenor of the argument, that we do not want to have major strategic decisions made by a quango. That is what we spent the past eight years fixing—starting in the coalition years, in fairness. We are on the case with his concerns.
Let me take a step back for a moment and set out what the clauses are doing. Clause 9 provides a flexible framework for combined county authorities to appoint non-constituent members, who are representatives of a local organisation or body, such as a district council, a local enterprise partnership or health body. Clause 10 provides for CCAs to appoint associate members, who are individual persons with expertise, such as a local business leader or an expert in a particular policy area.
Combined authorities have appointed commissioners with specific expertise to focus on a challenging local policy area and drive change—for example, the Greater Manchester Combined Authority appointed Dame Sarah Storey as a commissioner on active travel. It is a way of bringing in experts and other institutional stakeholders locally to complement the core of, ideally, directly elected local leadership so that everyone works together as well as possible.
It is only right that those nominations, or appointments, are the decisions of local leaders, who best know their areas. The clauses set out transparent processes for the nomination and appointment of both types of members. For a non-constituent member, the CCA designates the local organisation or body as the “nominating body”, which then selects a person to represent it at the CCA. It is for that nominating body to make that decision. For example, the CCA might designate the district council as a nominating body and then the district council selects its leader, for example, as its non-constituent member representative at CCA meetings—ex officio, as it were.
The clauses provide a way for local experts and key stakeholders to have a seat at the table of a CCA, bringing their local expertise and knowledge to facilitate better action to tackle local challenges. Those are vital public roles and transparency on them is equally vital. That is why clause 11 enables the Secretary of State to make regulations about the process of designating nominating bodies, the nomination of non-constituent members and the process of appointing associate members. We expect that all appointments of associate members will be undertaken through an open and transparent process, of course.
By their very nature those roles will be public roles—for example, a public body such as a district council nominating its leader to a role in another public body. In the Bill’s spirit of localism—a key word—this is a matter to be decided locally by the CCA and nominating bodies. They are independent of central Government and it is right that they make the decisions about how and with whom to collaborate.
The amendments seek annual reporting regarding the persons selected by the nominating bodies to be non-constituent and associate members. The Government do not believe that they should prescribe to CCAs that they should be informing Government of the specific make-up of their non-constituent and associate members. As with all good public bodies, a CCA should promote equality and diversity in the organisation. What is more, non-constituent and associate members are only one part of the membership of the CCA. The amendment calls for a report on one group of members of a CCA and does not reflect the CCA as a whole, including its constituent members, which is slightly odd. It is also slightly concerning that, as the hon. Member for York Central mentioned, the amendment mentions only some but not all of the protected characteristics. That would open up some potential legal questions that I am not really qualified to opine on.
The core point is that non-constituent and associate members of CCAs have an important role to play, but the amendment is unnecessary. It fails to consider the independence of CCAs and nominating bodies and does not reflect the fact that the positions of associate members and non-constituent members will, by their very nature, be public; these are not secret roles. I hope that the hon. Member for Nottingham North will agree to withdraw the amendment.
Alex Norris
I am grateful to hon. Members for their contributions. I agree with the hon. Member for Westmorland and Lonsdale, who expressed the hope that we are not establishing a quango. We are definitely establishing a new class of leadership, however, and it is less local and less directly accountable.
I am slightly disappointed by the Minister’s response, because I did not get a sense—
Neil O'Brien
I have to take issue with the hon. Gentleman’s comment about the process being less local. If I think about the devolution of powers over a number of things that are already done through combined authorities, such as the devolution of adult skills spending, if an authority is not in a CA, that decision is made in Whitehall. The decision is made here. In the combined authorities, such a decision is made more locally, for example by the West Midlands Combined Authority, which I visited the other day. Such authorities are making better decisions; because they are more local, they can create the co-ordination between local colleges. I take issue with the idea that decision making is less local as a result of what we are doing for devolution.
Alex Norris
The Minister is of course right that such decisions are more local than central Government, but that goes back to my argument on the first set of amendments. Having told people that communities will get the power to shape place, if what comes through the process is devolution to a new level of politics consisting of politicians and public figures who are further way from those people than their local councils, I do not think we will have passed the localism test. That may be a point of difference but that is certainly my view.
I had hoped to hear the Minister offer a slightly stronger commitment from the Government that the new bodies really ought to represent the communities they serve in terms of their make-up. I am surprised that was not said. We were left to believe that the make-up was for local decision making. Just as in the Health and Social Care Act 2014, I fear that we will end up with Schrödinger’s localism: when there is a difficult decision to be made, “That’s a local decision”; and when the decision is something that the Government want to reserve to themselves, “Of course we have to set the rules of the game, because otherwise it is dangerous”—as the Minister argued in response to the debate on the previous set of amendments. The Government are in danger of falling into some cakeism, but I hope that is not the case.
Neil O'Brien
This is an opportunity for me to repeat that, like all good public sector bodies, the CCA should promote equality and diversity within the organisation and it is for the CCA to do that locally. On the point about cakeism, these are two very different things. In the case of the voting arrangements for a combined authority, allowing them to be changed locally by a transient majority might cause a lot of local authorities to simply not join in the first place.
Alex Norris
I am grateful to the Minister for clarifying that; I would never want to misrepresent what he has said. On the second point, we are likely to test it considerably over the next however long.
I struggled with the Minister’s criticism that the amendments excluded the constituent members of the CCA. That would be a valid criticism had he put in a provision that included them, but he has chosen not to. Similarly, his criticism that I have not included all the protected characteristics would be valid had he put in a provision covering them all. I do not believe that he wants to do those things, so I think that was slightly unfair. On the question of legality, he has access to more lawyers than I do, but I spoke to the Equalities and Human Rights Commission and it did not have a problem with this, so I do not think legality would be an issue.
I am willing to accept the Minister’s point about non-constituent members, pertaining to amendment 18, in that, as he says, they are appointees of their own organisation. I remember chairing my health and wellbeing board and my discomfort at the fact that it fitted the characteristics the hon. Member for Westmorland and Lonsdale described more than it ought to have in a community that was very diverse, but when it came to trying to do something about that, the point was made to me that the board members were representatives of organisations, including the police, the council, the universities and so on, which themselves had diversity challenges that led to that common challenge, to which there was no elegant solution. On that basis, I will not press amendment 18, but amendment 19 involves choices—direct choices—whereby a county combined authority decides who to put on. I want to know whether we are trying to address inequities or just repeating the same failings. That is an important point of substance, so I will withdraw amendment 18 and press amendment 19 at the appropriate time. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 9 ordered to stand part of the Bill.
Clause 10
Associate members of a CCA
Amendment proposed: 19, in clause 10, page 10, line 3, at end insert—
“(5) “The Secretary of State must publish an annual report on the associate members appointed to each CCA. This report must include:
(a) the age of all associate members,
(b) the gender of all associate members, and
(c) the ethnicity of all associate members.” —(Alex Norris.)
This amendment would require the Secretary of State to make the age, gender and ethnicity of associate members of CCAs publicly available.
Question put, That the amendment be made.
Alex Norris
I beg to move amendment 20, in clause 11, page 10, line 37, at end insert—
“(2A) Where provisions made under subsection (2) vary between CCAs, the Secretary of State must publish the reasons for this variation.”
This amendment would require the Secretary of State to explain their reasoning for making regulations about CCA membership that differs between CCAs.
Clause 11 permits the Secretary of State to make regulations relating to constituent members of a CCA, a Mayor’s role in a CCA, the nominating bodies of a CCA, and non-constituent and associate members of a CCA. Furthermore, it allows the Secretary of State to decide all sorts of ways in which a CCA operates: votes, numbers and types of nominating bodies, the appointment and removal of members, maximum numbers of certain types of members, and so on.
That broad range of provisions might lead to a risk of micro-management. I have doubts about how desirable it is to be so involved in the detail; it feels a little as though central Government are not quite willing to let go. The Minister said that there is a risk of divergence, certainly at the outset. Although we have taken that interesting point on board, it seems a little odd that the Government are willing to devolve transport functions—and, presumably, no little sum of money—to a group of people, but are unwilling to let them choose whether to have substitute members in the place of associate members. I hope that amendment 20 will help in that regard.
The clauses we have debated so far have established county combined authorities, and given them constitutions, as a uniform class of organisation with a uniform set of rules to play by—or, at least, a uniform set of circumstances under which regulations will set those rules. I will probe the Minister on how he thinks that will work for individual CCAs. Ten new devolution deals were mooted in the White Paper—happily, Nottingham and Nottinghamshire were in one of them. Will those deals be set up with the same constitution? I cannot see why they would not be.
Amendment 20 would give the process some teeth, so that should the Nottingham and Nottinghamshire deal, for example, be different from the others, the Secretary of State would have to explain why those deals have been set up with different constitutional arrangements. That would not stop any differences, but it would be a recognition that the default position should be alignment and that any divergence should be explained.
The reasoning behind the amendment—I think this is a theme that we will cover in later amendments—lies in the history of combined authorities. I have a real personal discomfort with the idea of asymmetric devolution. I lived the first half of my life in Manchester, where my family still live, and I have lived the second half of my life in Nottingham. At some point during the last decade, a judgment was made in the Department that Greater Manchester could have a greater say over its future than Nottingham could over its own. Of course, that might have formally ended in proposals being submitted and deals being struck, but in reality, there were an awful lot of conversations about Nottingham’s readiness and Greater Manchester’s readiness. Ministers—not this Minister, but his predecessors—made the judgment that we in Nottingham would be unable to wield such powers. Of course, local circumstances can make that challenging, but I think our common personhood means that we ought all to have access to the same powers. We will pursue that theme in our amendments.
That is the basic principle, and although it can look different in different places, it holds firm. Instead, we have been left with a mishmash of different devolution settlements and deals. If we sought to explain to someone from outside the country our 10 current devolution deals—never mind the areas that do not have anything at all—we would struggle to explain them with any kind of criteria other than evolution over time. I do not think that CCAs should perpetuate that. The welcome direction of travel that the Minister and Secretary of State set out in the White Paper was that they did not want it to be that way in future, but that instead there were tiers of power to which everyone had access and that communities sought to take on, so that is a start.
The amendment would provide a check, so that if the governing document that drives the CCA—its constitution —does not start on the same basis, there must be really good reasons why not and a public account of those reasons, whereas what we have now is this rather inexplicable variance.
Tim Farron
I will be brief, given the time. Personally, I have no problem with asymmetrical devolution. A contrived central devolution is perhaps why Lord Prescott’s proposals in the ’90s and noughties did not work and were not popular. I have no problem with asymmetrical outcomes, but I have a serious problem with asymmetrical autonomy. Each community should have the same access to powers, even if gained in a different way. This is an important probing amendment, and I am interested to hear what the Minister has to say. For example, a rural community such as Cornwall, Northumberland or Cumbria should not have a Mayor forced on it if it does not want one, yet it should still have the same access to the same levels of power that the Government are offering through devolutions to those communities that do have a Mayor.
Neil O’Brien
The amendment brings us to a series of other amendments bound together by a particular philosophy encapsulated in the statement by the hon. Member for Nottingham North that the default should be alignment. The amendment is a particular and bleak way into this philosophical debate, and amendments to some later clauses—in particular amendment 26—make the Opposition’s position much clearer: that things should move in lockstep and that there should be more one-size-fits-all.
Fundamentally, we pretty profoundly disagree with that philosophy for a number of reasons. Devolution agreements should be different in multiple different ways, because there are different local wants. Simply, the point of devolution is that different people in different places want different things, and devolution makes that possible. Pragmatically, there are also different readiness levels. In some places, a process has been going on— for example, the Healthier Together work in Greater Manchester, which had been going on for a decade before health devolution in Greater Manchester. Also, different places are set up with various partners that they work with at different readiness levels.
On a pragmatic point, my great fear about adopting the one-size-fits-all, lockstep approach of the convoy moving at the speed of the slowest is that we will just not make significant progress. Were the hon. Gentleman to find himself in my place and I in his, he would discover that he could not make much progress in getting Whitehall to devolve powers. That is no small thing—to ask the elected Government of the day to give up control of the things for which they will be held accountable by the electorate to local politicians, who in many cases may be of a different political party. That is no small thing to agree. If it were said that a power could not be offered to a particular place unless it was offered to all—like the most-favoured-nation principle—I promise that devolution would grind to a halt extremely swiftly.
There is a framework. The basics are set out in the levelling-up White Paper, but variation is intended. Variation is a feature, not a bug of our devolution agenda. We believe in localism, in particularism, and in adapting things to the particular needs and particular local politics of different places—I agreed at least partly with what the hon. Member for Westmorland and Lonsdale said, which in some ways chimed with our view of this.
The hon. Member for Nottingham North asked us to explain why that might be so, in particular in relation to the amendment, which is about membership. Simply put, there might well be different numbers of members in different CCAs. We could have one with two members or one with a lot of members. Or we could have ones where the members were relatively similar authorities, or one where one member had radically different characteristics from the others—we might imagine a load of urban authorities and one that was more rural, or something like that. However, this amendment is the start of a series of amendments, so I will not labour the point at this stage.
Something else that the hon. Member for Nottingham North said that chimed with me and stuck out was that the centre should let go. That statement is very much our intention, in practice, with the desire for uniform devolution. We do have to let different places do different things because, fundamentally, they have different priorities. One place might care a lot about housing issues, but another might care about its innovation strategy. These things should be different, reflecting different wants.
To recap why we still want voting arrangements, for example, to be in secondary legislation, it is not primarily us in central Government that that arrangement is protecting; it is protecting local leadership from someone joining something only to find that they have been stitched up and then have their powers taken away due to a particular alignment of local leaders. Some things must be certain for local leaders and should be locked down and made safe for them in order for them to make progress, but in other ways there should be diversity, variation and localism.
This amendment represents just one aspect of that philosophy in practice, and we will talk about it again under other amendments, but the Opposition spokesman called on me to be direct, and I will be. There is just a difference in philosophy here about how we should approach devolution.
Alex Norris
There is a difference of philosophy, but the Minister slightly misrepresents the point I am trying to make, or perhaps I am not explaining it well. Our intention is not, as he characterises it, a lockstep, one-size-fits-all movement forward or, as he says, that the convoy must move at the same speed; it is that divergence, where it exists, should be the choice of the local community, not central Government. That is what we have today. The Minister is reserving for himself the ability to pick and choose who the Government feel is able and willing to exercise certain powers in certain ways in certain contexts. I do not agree with that, and that is the difference.
We are not saying that the settlement will be the same in every part of the country. The Minister says that this is a feature rather than a bug. I agree with that, and that is the point that we will be probing in subsequent amendments. We do not need to fight things out on constitutions at this stage. We will need to return to that, but on the principle that we are not saying that one size fits all, rather that the Government should not get to pick the winners. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Ordered, That further consideration be now adjourned. —(Miss Dines.)
Levelling-up and Regeneration Bill (Eighth sitting)
Thursday 30th June 2022
(2 years, 5 months ago)
Public Bill CommitteesRead Full debate Levelling-up and Regeneration Act 2023 View all Levelling-up and Regeneration Act 2023 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 30 June 2022 - (30 Jun 2022)
The Committee divided: - Ayes: 6 / Noes: 9 - Question accordingly negatived.
The Chair
Before we begin, let me give the usual preliminary reminders. No food or drink is permitted in sittings, except for water, which is provided. Hansard colleagues would be grateful if Members emailed their speaking notes to them at the appropriate address.
Clause 11 ordered to stand part of the Bill.
Clause 12
Review of CCA’s constitutional arrangements
Alex Norris (Nottingham North) (Lab/Co-op)
I beg to move amendment 21, in clause 12, page 11, line 28, at end insert—
“(8) If an appropriate person carries out a review under subsection (2), they must make the report of its findings publicly available.”
This amendment would ensure that the findings of any review of a CCA is made available publicly.
It is a pleasure to reconvene with you in the Chair, Mr Paisley. Clause 12 allows a combined county authority to review its constitutional arrangements. That is a wise provision because, of course, there will be moments when CCAs will want to be sure of whether form fits function. There must clearly be local scope for review and understanding, with as much transparency as possible. It is with that in mind that I move this amendment.
Transparency is important, because it strengthens our democracy by opening up the decision-making process to the whole population. As we build new political institutions, such as the proposed CCAs, it is vital that we put transparency in them at the beginning. As we discussed previously, transparent and open government makes better policy, delivers better outcomes and is generally a good thing for our democracy.
This amendment proposes that if any review is conducted to investigate changing the constitutional arrangements of a CCA, it must be published publicly. That would improve the function of the Government’s proposed CCA. It will be part of the honest conversation about the work the body is doing and the work we want it to do, and it will ensure that it serves not its own members or vested interests but the whole population. That is really important. These debates are too important to take place behind closed doors.
That does not need to be a negative process. It can be an open process that gives the population, as well as all the constituent members that we have discussed under previous clauses, the chance to engage. Amendment 21 is a fair and reasonable requirement to be added to the review mechanism, and I hope the Minister is minded to agree.
The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Neil O'Brien)
As we discussed during our consideration of previous clauses, the key constitutional arrangements—membership, voting and decision making—will be set out in the secondary legislation establishing the CCA. That legislation, which requires consent from both the relevant local authorities and Parliament, would also enable a combined county authority to set a local constitution specifying how detailed decisions are taken on aspects of how the CCA is to operate. It could cover, for example, meeting procedures, committees, sub-committees and joint committees of the CCA.
Clause 12 enables a CCA to review and amend its own local constitution in certain circumstances, and I hope it provides some of the flexibility that the Opposition have been arguing for. A review of the local constitution can be undertaken if proposed by constituent member or the mayor, if there is one, and if the proposal is supported by a simple majority of the constituent members. The local constitution can be amended if the amendments are supported by a simple majority of constituent members including the mayor, if there is one.
At each of these stages, the CCA’s decision must be made at a meeting of the CCA. CCA meetings, like those of all local authorities, are conducted with full transparency. That means that interested parties, including the public, can attend CCA meetings, and papers must be made available in advance. The CCA will also need to publish its constitution. Amendment 21 is therefore unnecessary. There is no need for a separate report of findings, which would place a disproportionate and unnecessary bureaucratic burden on the combined county authority, and distract it from the implementing the changes that it needs. I hope that, with those explanations, the hon. Gentleman is content to withdraw his amendment.
Alex Norris
I am grateful for the Minister’s answer. In general, I think his response does suffice, but I would like to push back on two points. As he says, these will be public meetings and there ought to be full transparency. However, we know that is not universally the way things operate. At local authority level, for instance, I would expect rules to operate exempting certain parts of meetings for reasons of commercial confidentiality. We know that there are points of friction for local authorities up and down the country. There can be the sense that things are being hidden behind the exempt part of the meeting. I would not say it is inevitable and unavoidable that we will get full transparency, but I have heard the spirit of what the Minister said. I am not sure it would have been an administrative burden, not least because the thing will have been done anyway and will exist already. Someone would just have to upload it to the website. That would satisfy the requirement of the amendment as I wrote it. Nevertheless, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 12 ordered to stand part of the Bill.
Clause 13
Overview and scrutiny committees
Alex Norris
I beg to move amendment 47, in clause 13, page 11, line 31, at end insert—
“(1A) The CCA must prepare a CCA-wide Equality Impact Assessment and must be produced to inform the work of any such committee.”
This amendment would oblige the CCA to produce an Equality impact Assessment to inform scrutiny work.
Clause 13 and schedule 1 are very important provisions. They provide for the involvement of overview and scrutiny for the activities of the county combined authorities being established. This is very important. These are new bodies established to make significant regional and sub-regional decisions. It is right that they are held accountable for their actions and that the healthy process of scrutiny and analysis takes place in live time so they can make the best possible decisions. I am glad to see in the Bill a clear push from the Government for overview and scrutiny committees to be part of the process, as I think they will do a valuable job. We want to make sure that this is done from the most secure base possible with regard to information.
Amendment 47 mandates that CCAs provide an equality impact assessment to inform the work of overview and scrutiny committees. Levelling up is fundamentally an exercise in tackling inequalities. That is the whole point of the Bill. It is implied in the name. It is about regional and local inequalities—often expressed as spatial inequalities—but it is about much more than that. In these debates we have heard that there are elements of levelling up that apply pretty much to the entire country in some way; they just manifest differently in different places. There is no doubt that we are a country of significant inequalities, and we really ought to be addressing those. We need to be skilling up and equipping our overview and scrutiny committees with the right information to make sure they can address those inequalities.
From 2017 to 2020, the north-east had the lowest median household income at £480 before housing costs, while London had the highest at £615. That is the sort of inequality we are talking about. Inequalities manifest in different ways. For households from a Pakistani ethnic group, median income before housing costs was £350, while households from an Indian ethnic group had the highest median income at £558—again, a significant disparity. Families with a disabled member had a median income of £467 before housing costs, compared to £577 for households where nobody was disabled.
Moving to gender, women are less likely to be in full-time employment, with a rate of 45% compared to 61% of men. Some 41% of women provide care for children, grandchildren, older people or people with a disability compared to 25% of men. Less than a third of Members of Parliament are women and some 35% of board members for publicly listed companies are women. Women make up 6% of chief executive officers of FTSE 100 companies and 35% of civil service permanent secretaries, and none of these women are from a black, Asian or minority ethnic background. Only 35% of our councillors are women. At the current rate, we will not achieve gender equality in local councils until 2077.
One disparity that touches every community is that disabled people are almost twice as likely to be unemployed as non-disabled people, and three times as likely to be economically inactive, with an employment rate of just 53%.
Taken in aggregate, those statistics reflect where Britain is today and where we have been over the last few years. They might make us think about where we go in the future and what we seek to address. There is a strand of thought that says, “Well, some of these inequalities are no one’s fault, or at least it is not the role of the Government to tackle them. If the Government does do that, they should be very careful because it is likely they will make things worse.”
Rachael Maskell (York Central) (Lab/Co-op)
Although it is essential to have an equality impact assessment to establish a baseline, it is also vital that all the work of the CCA puts everything through the prism of an equalities impact assessment too. If this amendment is not adopted, will it be appropriate to talk about having some form of equalities scrutiny within the body in order to ensure that all policy and decision making meets those equality objectives that we on the Opposition Benches share?
Alex Norris
Yes, absolutely. I remember one of the changes we made when I worked in local government. Remember, that was just one public body—one council—with many departments, just as national Government has many Departments, but in combined authorities we are talking about many organisations coming together to collaborate. We did not truly understand the cumulative impact budget decisions were having on individuals, particularly individuals with protected characteristics. It was likened by the individual who asked for the change as a sort of chopping away at a stool, with the legs all being chopped off on different sides by different departments. We did not understand that that was happening and that the cumulative impact was very significant for those individuals.
We need to find a way, whether through this amendment or through the thoughtful suggestion made by my hon. Friend the Member for York Central, to add this into the work of the combined county authorities so that they understand the collective impact their decisions will have. The levelling-up agenda gives me hope that the argument that it is not for Government to resolve these matters and that even if they did they probably would not do a good job no longer stands. Clearly, we no longer think that is true, which is a welcome change of tune. It shows that inequalities are not inevitable or unalterable, and that it is the role of the state to take the field and seek to do something about it.
These sorts of inequalities manifest all over the place. Even in the wealthiest communities, which we may be least likely to think are deserving of levelling-up funding, statistics regarding disability employment are still very challenging—I do not think there is any part of the country where they are not very challenging—but such communities are well placed to motor ahead on levelling up and perhaps do much better.
I hope that is the core on which these county combined authorities are operating. Happily, the Government are introducing overview and scrutiny arrangements in schedule 1. Now we must ensure they have the right information to work with. This amendment is one mechanism to do that. In the Minister’s response I hope to hear that if the amendment is not adopted, there are other ideas and other ways in which the Government think that can be done.
Tim Farron
I will not speak for long, Mr Paisley, but I want to reemphasise some things we have talked about today and build on the wise comments made by the hon. Member for Nottingham North.
Equality is hugely important and not to be taken for granted. The issue is that a movement towards a form of local government that is by definition more removed from the public than a district council, for example, will undoubtedly affect those with protected characteristics. We must prevent the tendency we discussed earlier to have people on the board and the committees—running the CCAs, in this case—who are much more likely to be older, male and white. That tendency will naturally occur because, while devolution is happening in one sense, it is also a centralisation locally, away from district councils. That will inevitably happen unless we work hard to prevent it. That is why these equality impact assessments are very important—not just in terms of the representative nature of the people who are on the CCA, but on the kind of policies that they pursue.
I am bound also to remind Members of the Rural Services Network’s report, published this week, which pointed out that if rural England was a separate region, it would be poorer than all the other regions. It would be the poorest region and the region most in need of levelling up. Pretty much every CCA in the country will have a rural element to it, but the chances are that it will not be the central part or the part where most of the members come from.
I want us to think very carefully about the impact of our decisions, particularly on rural communities. I spent part of the break between this morning’s sitting and this one on the phone to a local GP surgery in Cumbria that has lost something like £70,000 of its income in recent years. It has a patient roll of 5,000 to 6,000 people, but it sees on average 2,000 to 2,500 patients every year who are not registered with the surgery—they are visitors coming to the Lake district. The surgery gets not a penny for that.
Earlier, the hon. Member for York Central rightly mentioned the interaction between the integrated care systems, which will come into force this week, and the new CCAs. It is vital that we consider the differences in access to services between rural areas and urban areas, and consider disadvantage as being different. There are much higher levels of unemployment in the Barrow part of the Westmorland and Furness Council area, for example, and much lower unemployment in the part of the area that I represent; however, the gap between average incomes and average house prices is bigger than anywhere outside the south-east of England. The consequence in terms of poverty is therefore much greater, and the need for us to pay attention to those differential metrics—and, more importantly, the impact on individuals’ lives—is that much greater.
That is why it is important that equality is built into this legislation. Accountability would come out of the fact that impact assessments would be provided on a regular basis and there would be scrutiny as a consequence. It would force members who are either from demographic profiles that are not a minority or under-represented or from non-rural parts of the geographical community represented by a CCA to be held to account on behalf of those people and those communities who are.
Neil O'Brien
The public sector equality duty under the Equality Act 2010 ensures that public bodies play their part in making society fairer by tackling discrimination and providing equality of opportunity for all. As public bodies, CCAs must integrate equality considerations into decision-making processes from the outset, including in the development, implementation and review of policies. However, the equality duty does not require public bodies to follow a prescribed process and leaves it to their local discretion as to when it is appropriate to carry out an equality impact assessment to ensure compliance with the duty that binds them. The amendment would place an additional unnecessary duty on combined county authorities that does not apply to other public authorities, including existing combined authorities, which relates to the point made by Opposition Members about ensuring there is equal treatment and similar legal bases between MCAs and CCAs.
It is the Government’s intention that CCAs will be expressly subject to the public sector equality duty, which we will do by consequential amendments to the Equality Act, meaning that CCAs have to integrate equality considerations into their decision-making processes as soon as they are established. There is therefore no need to place a further burden on CCAs by requiring them to produce a separate equalities impact assessment. In fact, equalities considerations will already be at the very heart of what they do. With those assurances, I hope that the hon. Member for Nottingham North will withdraw his amendment.
Alex Norris
I am grateful to the hon. Member for Westmorland and Lonsdale, who speaks for the Liberal Democrats, for his contribution. His points about rural poverty are well made and are grist for the mill because, as he said, in all CCAs there will be levelling-up features. Everyone will seek to take such measures. Rather than an individualised, exceptionalised programme, we are talking about a collective advance of CCAs. Slowly but surely we are making a fine socialist of the Minister, speaking for collectivism rather than individual exceptionalism. Any day now, I am sure that he will wear that badge with pride.
I was a little disappointed in the Minister’s reply. Yes, the public sector equality duty exists, but if the Government’s answer is to rely on that, we should remember that it has not removed all the inequalities that I spoke about. At some point, we must do something differently in this country, and I would have thought that this legislation was a really good place to start. I put it to the Minister that doing things the same way will only produce the same answers in the future, and I fear that that is what will happen unless we insert a firm commitment to tackle inequalities in all their forms into the DNA of the proposed new bodies. I am disappointed.
I was not happy with the answer about the divergence from combined authorities. If the Minister had such a problem with combined county authorities differing from combined authorities, he would not have introduced combined county authorities; he would have just relied on combined authorities. There then would have been no divergence between the two. The Minister has chosen to make that change, because it is more convenient for the Government so that they can work with the communities with which they have struggled to work over the past few years. In doing that, they have opened themselves to the divergence issue. That is not my problem, nor my fault, but that is of the Government’s choosing and it is baked into the Bill; otherwise, we would not need the legislation.
I will not press the amendments to a vote, because the suggestion from my hon. Friend the Member for York Central is better than my amendment. I am happy to withdraw it on the basis that it could be better, and perhaps we might seek elsewhere to improve it. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 13 ordered to stand part of the Bill.
Schedule 1
Combined county authorities: overview and scrutiny committees and audit committee
Alex Norris
I beg to move amendment 22, in schedule 1, page 198, line 18, at end insert—
“(2A) The arrangements must ensure that the Chairs of the overview and scrutiny committees of the District Councils contained within the CCA’s boundaries are members of the CCA’s overview and scrutiny committee.”
This amendment would require that the Chairs of overview and scrutiny committees of the District Councils within the CCA are represented on the CCA’s overview and scrutiny committee.
Schedule 1, which is introduced by clause 13, relates to the overview and scrutiny functions of the CCAs, which are important. The amendment gives us the opportunity to add districts so that they are seen as a key part of the process that have an important say. If the Minister is not minded to accept the amendment, I hope that he acknowledges the key role of districts.
According to the District Councils Network, its members deliver 86 out of 137 essential local government services to 22 million people—40% of the population—covering 70% of the country by area. The Minister was perfectly candid—that is the best way to be—that part of the reason for having CCAs as distinct from the combined authorities created under the Local Democracy, Economic Development and Construction Act 2009 is to give Ministers the chance to work around district councils where those councils do not want to be involved in greater devolution.
I think we have to find a way to get the district councils into the proposed process more fully. We have seen combined authorities use non-constituent members to deliver, and that is a good way to operate, and I think that the amendment would enhance that opportunity. Amendment 22 seeks to do so by ensuring that among the members of the CCA’s overview and scrutiny committee are the chairs of the overview and scrutiny committees of the district councils within the CCA. I hope that is a proportionate way of trying to get districts involved. They have so much expertise about the area they serve that it would be foolish to discount them. They have a track record of delivery, and they know what people want because of their really close engagement with their constituents.
When we debate clause 16, will talk a little more about the fundamental role of districts, but we know that they are not likely to be formal or founder members of CCAs. Instead, the amendment effectively says that we have a very skilled group of people who lead overview and scrutiny in their local authority, who have high levels of experience, training and ability. They do it day in and day out. They are familiar with the issues, they know how to scrutinise an executive, and they know what information to read and what questions to ask. To pull them together is almost like convening an international team from the best players in the league and I have no doubt that it would be a significant success.
Amendment 22 would be a really good way of enhancing the overview and scrutiny provision while getting better engagement with the district councils. In that sense, I hope it is a bit of a two-for-one for the Minister.
Tim Farron
This seems to be a really sensible and proportionate proposal. The Conservative leader of the District Councils Network talked to us in the evidence session on Tuesday 21 June. He speaks very clearly on behalf of members of all political parties who are on district councils: Liberal Democrat, Labour, independent, Green and, of course, the leading Conservative group among district council members.
There is a concern about district councils being slowly but surely erased—and they are. In Cumbria, we are living proof of that, because some good district councils are being dismantled this year, hopefully with very good unitary authorities taking over their responsibilities and being reflective of what the local communities desire. However, if we are to move forward in this direction and if CCAs are to be the building blocks by which these decisions and the delivery of levelling up will take place, it is surely right to demonstrate to district councils that we and the Government value them—not only that we value them as district councils but, as the hon. Member for Nottingham North rightly said, that we value their expertise.
In this amendment, the Government are being asked to consider picking the people who already do this job in their home patch, so to speak, and to bring the skills, expertise and experience that they have from providing scrutiny of their own councils’ business and the operation of democracy internally within their district councils to the sub-regional level.
The amendment seems to be not only a very effective and sensible practical proposal but one that would allow the Government to demonstrate to district councils that they are not being erased and that they are a very important part of our future. We talked earlier about whether symmetry mattered. If we believe that local communities are best at designing their own destiny and if they choose to maintain two-tier authorities, as many do, then reflecting that autonomy and its outcome—not begrudging it, but welcoming it—seems to me a wise thing to do. Let us have the chairs of the overview and scrutiny committees from the constituent district councils within a CCA on the overview and scrutiny committee of that CCA.
Neil O’Brien
I would say that the amendment is well-intentioned, but that would not really do it justice; I actually completely agree with the broad thrust of what Opposition Members are trying to achieve. However, I think that we should do it in a slightly different way.
Schedule 1 places a requirement on all combined county authorities to establish one or more overview and scrutiny committees, and provides for the Secretary of State to make regulations for such committees. That mirrors the provisions for combined authorities; regulations were made in 2017 that already apply to all the combined authorities.
As for the majority of the CCA model, it is our intention that the overview and scrutiny arrangements for CCAs will adopt the same broad principles as those for combined authorities. Regulations made under schedule 1 must ensure that the majority of members of overview and scrutiny committees are drawn from the CCA’s constituent councils. Furthermore, an overview and scrutiny committee cannot include a member of the CCA, including the mayor.
The regulations and powers in schedule 1 enable scrutiny committees to be established with membership appropriate to the CCA, so that they are able to effectively challenge, advise and make recommendations to the decision takers. To do this, each CCA’s overview and scrutiny committee needs to be flexible enough to reflect the bespoke role of the CCA, as agreed in individual devolution deals—how they are constituted, the powers they are responsible for delivering, and so on. That will affect the background and interests of the members that it would be appropriate to appoint.
Alex Norris
I am grateful for that answer from the Minister. I am glad to hear that we are in broad agreement. I would not necessarily say that a committee with 31 members was too large; that is smaller than many combined authorities. We heard in evidence from Mayor Andy Street that the West Midlands committee has much more than 31 members, and it seems to be functioning appropriately. Nevertheless, that should not be a sticking point.
I had not thought of the consequences of a district council choosing not to participate quite in the terms that the Minister has. I wonder whether he will reflect on this during the Bill’s passage. The act of a district choosing not to take part will be the act of the executive and, presumably, a majority on the council, but a minority of members may still have an interest. The community would definitely still have an interest, because the decisions will still impact them—they will not wish themselves out of the CCA; that is not allowed.
Is there a way that a council could opt out of engagement in the executive functions, but opt in to engagement in the scrutiny functions, because those things will still matter? I worry that areas might miss out. Of course, it is a local choice, and local leaders are accountable for the choice—perhaps that is just the decision they have to make. I am happy to withdraw the amendment on the basis of the reassurances that the Minister has offered, but perhaps, during the passage of the Bill, we could think a little more about how we might add the district voice in places where district councils have chosen not to take up a seat on the executive. On that note, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Schedule 1 agreed to.
Clause 14
Funding
Question proposed, That the clause stand part of the Bill.
Alex Norris
I do not want the decision on clause stand part to go by without any discussion. I want some clarity from the Minister. The clause allows the Secretary of State to make regulations about how to pay for the combined county authority, with the understanding in subsection (2) that it has to be done with the consent of the constituent councils. I want to understand how the Minister thinks that will work in practice. Presumably, the Secretary of State will hope to receive a proposal from the constituent councils that they have all agreed to, rather than suggesting a model.
Neil O’Brien
Let me reassure the hon. Member by saying that clause 14 enables the Secretary of State to make regulations setting out how an individual CCA is to be funded by contributions from constituent councils. Such regulations can be made only with the consent of the constituent councils and—where one already exists—the CCA. The CCA will decide how its activities are funded and how its funding is sourced, whether that is from investment funds and other devolved funding or from contributions from constituent councils.
Where constituent councils are providing contributions, regulations under clause 14 can set out how the CCA decides the proportion of contribution from each council. Similar regulations for combined authorities usually state that that is for agreement locally but provide a default split if agreement is not reached. That underpins the very nature of the collaborative approach we are trying to support through the new CCA model. The clause will be instrumental in ensuring that combined county authorities are strong institutions with sustainable funding to which to devolve functions and flexibilities, which is essential to achieving our ambitious local leadership levelling-up mission. I commend the clause to the Committee.
Question put and agreed to.
Clause 14 accordingly ordered to stand part of the Bill.
Clause 15
Change of name
Alex Norris
I beg to move amendment 23 in clause 15, page 12, line 14, leave out “not less than two-thirds” and insert “a simple majority”.
This amendment would remove the need for a super-majority to change the name of a CCA.
In preparing amendments, we had the hundreds of pages of the Bill, and hundreds of pages of explanatory notes. The delegated powers memorandum is even longer—never mind the White Paper. As a result, one started to go deep in the weeds, and I am very deep into them here.
This significant clause makes provision for the process of changing the name of a combined county authority. Subsection (2) sets out the requirements, with paragraph (c) requiring a super-majority of no less than two-thirds of CCA members to vote in favour of the rule change. That is a high bar—far higher than for most decisions that we make in Parliament. I am interested in why there is such a high bar, so, to probe that, my amendment suggests reducing it to a simple majority.
I have a couple paragraphs here that I wrote last night about “What’s in a name?” I will spare the Committee those; I think we can establish what is in a name. I will say that I am not completely ignorant of the value of super-majorities. They can be very important to protect the rights of minorities, but they can also be used—the US Senate is a good example—by a concerted majority for a number of decades to protect special interests.
I am not sure why the clause requires a super-majority. We want to give these combined county authorities significant money—tens of millions of pounds, and I suspect those negotiating them want even more than that—and significant powers over things that shape our communities. If we cannot trust them to change their name on a simple majority, how can we trust them to do anything else on a simple majority basis? I am interested to hear the Minister’s thoughts.
Tim Farron
Indeed, as we established earlier, my county is an amalgamation of Lancashire, Yorkshire, Cumberland and Westmorland. What’s in a name? It may not be the most important thing in the world, but it sums up the identity of a community or series of communities. The new authority that will serve my constituency is Westmorland and Furness Council. The northern part of the area, around Penrith, was always part of England, so folks there rightly feel aggrieved that their identity has been somewhat stolen from them.
I will reflect on the very early part of my life. I was not following politics in those days at all, but was probably watching the noble Baroness Floella Benjamin on “Play School”—that was about as close as I got to any kind of involvement in politics at that age. I recall with some bitterness that when the reorganisation happened in the early 1970s, Yorkshire did better than Lancashire out of it because of the name. Nearly every part of Yorkshire that was turned into either a shire or metropolitan authority kept the name—for example, South Yorkshire, West Yorkshire and North Yorkshire. Part of Humberside did not have that blessing, but it was the only bit of Yorkshire that did not.
Let us think about what happened to Lancashire: it became part of Cumbria, Greater Manchester and Merseyside. It lost that identity, and a whole generation of people have grown up as Lancastrians without realising that they are. I am sure the Government will seek to establish a CCA in a meticulous and proper way, but errors will be made and there will be things about the genesis of the new bodies that we would have perhaps wished to have done differently a year or two later.
A whole bunch of different politicians might get elected to districts that form part of the CCA after three or four years—perhaps on the basis of people being concerned about their identity—yet we are told that nothing can be changed without a two-thirds majority. We changed the Fixed-term Parliaments Act 2011 with a simple majority, so we have proved that it does not really matter. No Parliament can bind its successors, and rightly so, but apparently the Government can bind the successors of local authorities. That is not democratic, and it does not allow local authorities to establish their own identity, which might morph over time.
Neil O’Brien
We are honoured by the depth of the forensic scrutiny that the Opposition are offering us on these clauses. They are quite right to probe all these questions, which are important. Few things are more likely to arouse the passions than names of local authorities and county authorities, as we heard in the impassioned speech from the hon. Member for Westmorland and Lonsdale. We recognise the importance of people living in an area having a strong attachment to, and identity with, that place, which is something both he and the hon. Member for Nottingham North have alluded to.
When we establish a county combined authority by regulations, we will specify the legal name of that institution. Of course, it is only right that the name can be changed to adapt to local circumstances over time, and the clause allows a CCA to change the name it is known by, subject to various safeguards and conditions, one of which is a requirement that two thirds of members of the CCA consent to the change. The threshold was chosen quite deliberately to ensure that name changes are undertaken only where they will make a real impact, rather than where they are just a rebranding exercise. Names really matter to local communities, as we have heard, and it is important that a strong majority of a CCA supports any change.
The amendment is designed to reduce the consent threshold to a simple majority, which would mean that CCAs would have a lower threshold for such a change than existing combined authorities, for which the threshold is a minimum of two thirds. Two of our existing combined authorities, South Yorkshire and Liverpool city region, have already changed their names since their establishment. A lot of politics were involved in that, so clearly there is flexibility under the two-thirds arrangement to change the name when that is felt to be important. I remember that there was a lot of consideration of that choice during the run-up to the devolution deal with Sheffield city region—it is now called South Yorkshire—and likewise with Liverpool city region.
My officials are in regular contact with the mayoral combined authorities, and we have not heard of any difficulties with the existing legislative process. As we have discussed before, it is important to keep parity between the CCA and combined authority models as much as possible, including in respect of name changes. A further consideration—this is why we have the higher threshold—is that many organisations will have made legal contracts with a combined authority, and changing the name is a non-trivial thing to do, given that it will require many things to change.
Fundamentally, as Members have said, names really do matter. What’s in a name? We do not want them to be something that flips over from time to time. We could end up having a tit-for-tat war whereby the majority changes the name of an authority and then it changes again. We want the name of an authority to be stable and lasting. Opposition Members have quite rightly asked why that is so, and I hope that I have given sufficient assurance that they might be willing to withdraw the amendment.
Alex Norris
I am grateful for those contributions. The debate has had a bit of lightness to it, but as the hon. Member for Westmorland and Lonsdale said, identity does matter to people. I think identity can be a big driver in levelling up, by providing that passion, commitment and love of place that makes people want to do better and tackle inequalities. That is a really positive thing and it does matter, but I do not think it is the be all and end all.
Rachael Maskell
I am thinking about the work of the Electoral Commission in setting constituency boundaries and names, which goes through the adoption process without requiring a two thirds majority. Is the clause not an inconsistency, rather than a consistency, with what happens elsewhere?
Alex Norris
Yes, I think so. There is a role for supermajorities, but as an exception and with strong cases. I am not sure this provision has met that test. I have a version of my speech that included a number of paragraphs about my views on the boundary review, and the sad extension of constituency titles, which seems to be inexorably taking us to five-word constituency titles. I thought you would not thank me for including that, Mr Paisley, but at least I have now put it on the record, so I am grateful to my hon. Friend the Member for York Central.
I will not press the amendment to a Division because I do not think it is a totemic issue. However, I hope we can seek to use supermajorities as an exception rather than the norm. If nothing else, this has been the hors d’oeuvre for a later debate—the real substance—which is what to call a mayor when we do not want to call it a mayor. Colleagues have that excitement ahead of them. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 15 ordered to stand part of the Bill.
Clause 16
Local authority functions
Alex Norris
I beg to move amendment 24, in clause 16, page 13, line 10, at end insert—
“(aa) affected local district councils”.
When I wrote my speech I thought that clause 16 was perhaps the most significant of the 60 or so clauses that establish CCAs. It was certainly the only one that had a particular debate on Second Reading, although largely among multiple members on the Minister’s side.
The clause allows for functions of a local authority to be exercisable at a CCA level. There will be points at which there will be a keenness to do that. It allows for functions to be exercisable by the CCA, rather than the county council or district council. It also allows for: functions to be exercisable concurrently with the county council or district council; for the function to be exercisable by the CCA and the county council or district council jointly; and for the function to be exercisable by the CCA jointly with the county council or distract council but also continue to be exercisable by the council alone. That essentially means that councils can collaborate and share in whichever way they choose to— subsection (5)(a) requires the constituent councils’ consent—with the CCA.
This has twitched my antennae a little. We have discussed some of this already. I believe that devolution as it forms part of the levelling-up agenda is about devolving power out from the centre—from the centre to sub-regions, and from local authorities to local communities. The latter, community power, is broadly absent from the Bill, and I hope we will get the opportunity to add it back later in these proceedings. On the former, the direction of travel is supposed to be towards communities—towards the lowest proper level—rather than away from them. Indeed, local authorities are already free to collaborate, and there are many good examples of that. I do not think the purpose of the new sub-regional bodies established by part 2 of the Bill is to draw powers upwards from local councils; rather, it is to draw them downwards from the centre.
I am willing to accept—if this is the case, perhaps the Minister could give us a little detail—that that might be desirable in order, perhaps from a finance point of view, to share budget arrangements, or to have lead council arrangements on spend and receipt in a certain policy area. Crucially, under subsection (5)(a), the regulations will be made only if the constituent councils of the CCA consent. Those local authorities essentially have a lock on that process: it can happen only with their consent. On that basis, who am I to stop them? I think that is fair enough.
The issue here is that all four of the scenarios under subsection (4) involve the CCA also taking on the power of district councils, which are not—this is certainly my understanding—“constituent councils” and therefore cannot consent. It looks to me—I will qualify this shortly —like district councils could have powers taken from them.
Several Members have raised concerns that this part of the Bill is about removing district councils from this sort of decision making, the argument being that current statute makes it too hard so we need to free ourselves of the district veto, which the Minister described in the evidence sessions as an
“unintended consequence of the Local Democracy, Economic Development and Construction Act 2009”.—[Official Report, Levelling-up and Regeneration Public Bill Committee, 21 June 2022; c. 57, Q87.]
I am not sure that is necessarily true, although I am happy to be wrong. I think that the expectation at that time was that communities would proceed by consensus. That is why it is a de facto veto. It may now be deemed impractical, but I do not think it was an unintended consequence.
That poses a problem: if these bodies get up and running, and particularly if they choose to have a mayor elected to lead them, and they get off the ground already with local opposition, that will be a shame. I think that will hold back their work, build cynicism and erode public confidence. Therefore, the approach of working around districts rather than with them is perhaps the wrong one. As I have said before, districts have a proven track record of delivery. The amendment is modest: it seeks to add a provision that affected district councils must have consented to having their powers taken away. That seems reasonable to me.
I have hedged my bets a little because I am really hoping that the Minister will say that this is a moot point. In the evidence sessions, Councillor Oliver from the County Councils Network said:
“I am grateful to the Minister for clarification on some confusion around clause 16.”––[Official Report, Levelling-up and Regeneration Public Bill Committee, 21 June 2022; c. 58, Q88.]
I confess that I did not know what he meant by that; it was not anything that was clarified on Second Reading or in the evidence sessions. I did a bit of digging and I understand—this is second hand, so I apologise to the Minister if it is not right—that the Minister may have written to the representative bodies of local government to clarify that the Government do not intend for the powers to be applied in this way. That would be a very good thing if it were true.
Alex Norris
I can see the Minister nodding, so that gives me hope. However, I have not had any such contact, so I can only go on what is written in the Bill. If that is the case, perhaps we should tidy up what is in the Bill so that there is no doubt. Clearly, it can be read the other way, which is why there has been so much interest in it, even if that interest is happily unnecessary.
Neil O’Brien
Although many of the things we have talked about today have been interesting and thought provoking, this is perhaps the most interesting and thought-provoking amendment so far.
Clause 16 gives the Secretary of State the power to confer any local authority functions—including those of a county council, unitary council and district council—on to a combined county authority by regulations, subject to local consent and parliamentary approval. Any existing function of a local authority could be given to a combined county authority; these could be modified or have limitations and conditions attached. Functions could be specified as exercisable by the CCA concurrently with the local authority, jointly with the local authority, or instead of the local authority.
Clause 16 will enable effective co-operation between CCAs and local authorities where it is desired by the local area. Clause 16 mirrors section 105 of the Local Democracy, Economic Development and Construction Act 2009 for the conferral of local authority functions on to combined authorities. It also mirrors section 16 of the Cities and Local Government Devolution Act 2016 for the conferral of public authority functions on to an individual local authority, in terms of both the mechanism and the consent mechanisms. These powers already exist. Consequently, the consent requirements for regulations under clause 16 relate to the constituent councils and, where a CCA already exists, the CCA.
Amendment 24 seeks to make affected district councils have a say on the conferral of local authority functions. The necessary irreducible core of a county deal is a county council and any associated unitary council. Many of the powers that have been devolved through devolution deals so far have tended to be upper-tier powers. These are agreements between the Government and the upper-tier local authorities. That is absolutely not to say that district councils have no part to play in such agreements. They do—I hope they will—and we expect the devolution deal with the upper-tier local authorities to include details of how the new CCA, the county council and the districts that wish to will work together to deliver the outcomes envisaged in the devolution deal agreement.
As for providing for districts to have a say on the conferral of local authority powers, within the context I have described, they will indeed have a say, if they wish. First, they will have had discussions and reached agreements with their upper tier councils about how they will be involved in implementing the devolution deal. Secondly, powers are conferred through regulations. Before regulations to establish the CCA and confer powers on it, there must be a public consultation on the proposal, as we discussed earlier. This is an opportunity over and above the devolution deal that district councils will have to make their input, in the context that we are clear the agreement is with the upper-tier local authorities.
There is a good reason why we have taken the approach of having an agreement with the upper-tier local authorities: to avoid past experiences where one or two district councils have frustrated the wish of many in the area to have an effective devolution deal. However, we are equally clear that the appropriate involvement of district councils that wish to be involved is important and, indeed, essential to the delivery of certain outcomes that the devolution deal is seeking to achieve. It is, in short, a question of balance. We believe we have struck the right balance between an agreement with the upper-tier local authorities to establish it and flexibility so that the involvement can reflect local wishes of both the districts and the upper-tier local authorities in the area.
I know concerns have been expressed about district councils’ functions being removed and transferred to a CCA. I want to put on record something I have said to local authority leaders and which we have repeatedly made clear over the years. The Government are clear that there is no intention to use this provision to reallocate functions between tiers of local authorities when there is no consent. From the start, the devolution agenda has been about power flowing down to local leaders to enable decisions closer to the public, not flowing up. To the best of my knowledge, I do not think the powers in the two Acts I mentioned earlier have been used to date.
Parliamentary scrutiny provides a very secure safeguard here. The Secretary of State cannot make any changes to the functions of an individual CCA without parliamentary approval. It has always been the case that Parliament decides where the responsibility for functions lies in local government. An individual CCA cannot exercise functions unless it has been given them in regulations by the Secretary of State following parliamentary approval. A CCA cannot take power from a district or any council. One tier of local government cannot legally usurp the powers of another.
I understand and hear the concerns being that are being expressed about issues relating to the clause. I wish to reassure the Committee that I will take these issues away and readily consider how we might reflect the role of district councils in devolution deals. I hope that gives sufficient reassurance for amendment 24 to be withdrawn. We will think further about this important issue.
Alex Norris
I am grateful for that full answer and happy to withdraw the amendment on that basis. The Minister was as explicit as possible about how he envisages things working. I hope that, in his reflections, he will consider whether what is in the Bill needs to catch up and is as clear as it might be. I hope he will continue to engage with us in such conversations and, if he has engaged with those bodies in writing, that he will make a copy of the letter available in Committee or in the Library, so that we have full information for continued consideration. On the basis of the response provided by the Minister, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 16 ordered to stand part of the Bill.
Clause 17
Other public authority functions
Question proposed, That the clause stand part of the Bill.
Alex Norris
Clause 16 dealt with the conferral of local authority functions on CCAs. Further clauses, such as the ones between 30 and 37, deal with the conferral of police and crime commissioner functions, and clauses 19 and 20 confer transport, highways and traffic functions. With clause 17, I wondered what the Minister’s understanding of “Other” might be. What ideas does he have in mind?
Neil O'Brien
I will have to come back to the hon. Member in slower time on that. To explain a little about the clause, it is in essence the devolution clause that will enable the CCA to take on the functions of public bodies, including Ministers in central Government, the Greater London Mayor and Assembly, and agencies such as Homes England. Broadly, the clause allows devolution to happen. On his specific point, I will have to write to him.
Question put and agreed to.
Clause 17 accordingly ordered to stand part of the Bill.
Clause 18
Section 17 regulations: procedure
Alex Norris
I beg to move amendment 26, clause 18, page 14, line 35, at end insert—
“(1A) But notwithstanding subsection (1)(b), if a CCA prepares and submits a proposal for conferred powers under section 17(1) and the Secretary of State has already made provision for another CCA to be granted identical powers, the Secretary of State must consent to that proposal.”
This amendment would require the Secretary of State to accept an application for conferred powers from a CCA where they have already accepted an identical application from another CCA.
At the end of the previous sitting, the Minister started the debate on this issue, which is a point of distinction, so I think the amendment will be an interesting one to discuss. Notwithstanding the sorts of functions that the Minister has in mind, which he will follow up with, the clause sets the rules by which county combined authorities can receive more powers from central Government. We are supportive of that: we want to move powers from Whitehall to our town halls, but in doing so the Bill can be improved.
I touched a little on the asymmetry of the devolution of power in England, and it is worth covering something of that. Metro Mayors hold powers over spatial planning, regional transport, the provision of skills training, business support services and economic development. The detail of the powers and budgets devolved, however, varies massively between areas.
For example, in Greater Manchester and West Yorkshire the powers of the police and crime commissioner have been merged into the mayoral role, but not in other mayoralties. The Greater Manchester Combined Authority oversees devolved health and welfare budgets, working in partnership with the lead Whitehall Departments, but other combined authorities do not have such powers. All Mayors can establish mayoral development corporations, except for the Mayor of Cambridgeshire and Peterborough. All Mayors can raise a council tax precept, except in the West of England.
That is an odd hotchpotch. If we were to sit down and plan a devolved settlement, which we are doing quite a bit of, we would never pick a model that is quite as uneven and such a mishmash. That is what happens when settlements are negotiated case by case behind closed doors, on the basis of what Ministers judge communities are ready to have. Furthermore—this is part of what we are addressing today—those disparities in power do not even account for the fact that vast swathes of the country do not even have combined authorities; they just have their council.
We are in the odd situation where Manchester gets to elect a Mayor with a PCC, but in Nottingham we cannot vote for a Mayor—we don’t have one; we do not have a combined authority in the county terms yet—but we vote for councils and a PCC. That gets very hard to explain to constituents, and means that different parts of the country get access to different powers. I think we should do better there.
The Minister characterised that position as being for either a one-size-fits-all model or moving at the pace of the slowest. I am not saying that. My dissatisfaction with asymmetry aside, I live in the real world; we have an asymmetric settlement and it would not be practical or desirable to change that. Where those combined authorities are motoring along, they must keep doing so; they are doing crucial and impressive work, and of course we would not want to change that. However, we have the power to ensure that the combined county authorities, which cover big parts of the country, and will hopefully bring devolution to the bulk of the country, have some sense of commonality in the powers that they are able to access, but not have to access—not a floor but a ceiling.
I do not think that I am actually asking the Minister to do anything more than has already been set out by the Government. The White Paper itself sets out those three tiers of powers. We will get to the point about the governance structures at a later date, and as the hon. Member for Westmorland and Lonsdale said earlier, I also completely dispute the point that we should have to accept a Mayor in order to get tier 3 powers.
Nevertheless, the Government have established a common framework—a common menu, as it were—from which to pick. This is the significant point of difference: I believe that should be a local choice. It should be the local leaders and local public deciding what powers they want. I must say that I think the bulk will want something towards the upper end, because they will understand that decisions will be made better locally and that they will have a better understanding than the centre about what they want for their communities and how to get it. The Government’s approach—the approach of the past 12 years—is to pick and choose, depending on the qualifications, or otherwise, they think the local leaders have. I think that is a significant mistake.
Amendment 26 seeks to improve that. Essentially, it would prevent the Secretary of State from doing a blizzard of different side deals with different communities, based on the powers they confer on a CCA by saying that, if they confer a certain power on the CCA, then an identical application from another CCA must also be accepted. That is saying that, if new ceilings are set, then everyone should have access to that. As I said, that will not result in perfect symmetry—anything but—that is not the intention of the amendment. However, it will mean that all communities have access to the same powers.
I am interested in what the Minister says to that and will listen carefully. If, in practice, the way in which the amendment is worded does not deliver that effect but, in the Minister’s view, there is a better way of doing it, then I would accept that heartily—it is the substance, rather than the amendment itself, that means something to me. However, it is a very important point.
This is the moment, on county combined authorities, to say that we are going to break free from this individual deal-by-deal way of devolution, and say that we just think the powers are better exercised locally—we should be explicit about that because it is a good thing to say—and that in doing so, everybody gets access to them, not just the ones that are deemed to be good enough. I think that would be a significant step forward for this legislation.
Tim Farron
I think this is where we get to find out who devolution is for. Is it for the benefit of Whitehall or communities? I have no desire to see—in fact, I have a revulsion to the idea—contrived symmetry from the centre. I am very happy for there to be asymmetrical devolution, so long as that is the choice of the people within those communities. This is where we get the opportunity to see whether this grassroots taking back control from the centre or the centre, in a rather patronising way, throwing a few crumbs to the local community.
People living in Cornwall, Northumberland, Devon and Cumbria have the same rights and the same expectations about the quality of services as people in Manchester, the west midlands and London—no more, but definitely no less. It would therefore seem very wrong if services and powers that are devolved to London and Greater Manchester are not devolved to Cumbria, or at least are not offered to it so that the community can choose whether to take them.
This is about not just the powers that should be devolved, but the preconditions that the Government choose to impose. Obviously, we are talking about Mayors, or Mayors by any other name. I have absolutely no problem with communities that want a Mayor having one as part of their devolution deal, but I have an enormous problem with the Government saying, “You can have these powers, but only if you have the form of local government that we tell you to have.” That is not devolution. It is certainly not what people in my part of the far north-west of England want, and I suspect it is not what people want in other parts of the country. This is an opportunity for the Government to declare that devolution is for the people and not for their own convenience.
Rachael Maskell
I wholly concur with the previous two speeches on amendment 26. We have to think about the people in our communities, and if we ask any of them who currently does what in governance terms— whether it is Parliament or local councils—they will often struggle to identify exactly where those powers rest. When we introduce another tier of government, people need clarity about it. Particularly if they are living on the borders of the new CCAs, they will be looking one way and saying, “Well, they have powers that we haven’t got here.” We have to be careful that we do not introduce confusion into our governance and accountability systems.
I therefore think that the point about having a more à la carte approach is right, as devolution grows and we get used to new functions of government, so that we can see what can be achieved. If the Government dictate limitations on the ability of authorities to exercise their powers in one area, and a neighbouring authority has those extensive powers, undertaking partnerships between two CCAs could be quite challenging, and it could also limit the opportunities.
We have to look further ahead. We are in this process of development and evolution, which is fantastic, but we do not want to end up with patchwork Britain. We do not want Parliament to be left legislating over a small number of authorities because not every devolved area and CCA has those powers. We could end up with two or three CCAs without the powers that all the others have, and the national Parliament will then have to legislate over certain functions. That seems ludicrous in itself. We would not see fairness in patchwork Britain. We will talk again about the postcode lottery that we see emerging. The areas of greatest deprivation are probably those that would see the fewest powers. We have to think more strategically about how we apply that. That is why the amendment does justice to the issue. It enables the CCAs to take on these additional powers, but it does not mandate that.
It was clear from the presentations from the Mayor of the West Midlands, Andy Street, and the Mayor of West Yorkshire, Tracy Brabin, that the M10 Mayors are working incredibly closely together. They are inspiring one another to address the challenges of where they can take devolved powers, and that presents opportunities to the people they represent. That will of course be an evolving picture as more people come into the M10. I guess we are heading towards the M20, or wherever it may end—not the M25, as Members are suggesting, because it would simply go round in circles.
We need to make sure we are not seeing a denial in the differentiation of the powers that emerge. Ultimately, this is about the impact that they have on locality and local areas. It is really important that we think about where it could travel to. It clearly has implications for this place—its future and what it does—but we also want local decision making. I think there is a consensus across the House that we want decisions to be made closer to people, and if we devolve certain opportunities to some areas, the intersection of those powers can create more than the sum of their parts, which is something that really stood out from the evidence we heard. There could be a real benefit in devolving those powers, because we do not want a metro Mayor or a CCA coming back to Parliament every few years, saying, “I need more powers. We need more primary legislation looking at this issue.” We want a deal that is underpinned by the flexibility to drive change, and we will see that change come about through shared practice.
Neil O'Brien
We have had asymmetric devolution in this country since 1998, when the Labour Government introduced devolution for London, Scotland and Wales, but not the rest of the country. In 2010, when we came into power, London was the only part of England that had a devolution deal; that was great for London, but the problem was that other areas of the country were not enjoying the same advantages. It was not even the case that there was symmetry between Scotland and Wales: there were differences in the name of the legislative body—Parliament versus Assembly—and in tax-raising powers, so the revealed preference of the last Labour Government was to have asymmetric devolution. I think that was justified by the different levels of readiness.
Rachael Maskell
We are all learning on this issue, but does the Minister acknowledge that that approach has brought us a call for an English Parliament from some quarters and, from other quarters, a greater propensity to want independence? We have to be careful that we do not break up the Union, or the federation, by what is being created in this Bill, and ensure that we maintain those ties that still bind us together.
Neil O'Brien
I do not want to critique the decisions of the last Labour Government; I am merely pointing out that there was an acceptance of asymmetric devolution throughout that time, for all kinds of reasons of practicality.
The hon. Member for Nottingham North said earlier in the debate that the default should be alignment. We fundamentally do not agree with that, for reasons of localism; it is not what every local area wants. He also asked why these devolution deals are different, and mentioned two examples: the West of England not having a precept, and Cambridgeshire and Peterborough not having development corporations. The reason why those areas are different from the others is that that is what local people wanted, and it is what local leaders would agree to. That was their choice. That is localism, and that is generally the case for most of the variations in devolution agreements. It is about what local political leaders wanted to agree to—it is fundamentally about localism.
However, that is not the only reason why devolution agreements differ between areas. I will be candid: there are things that make it possible to go further in some areas than in others. It is partly about geography; does an area’s combined authority—the CCA, potentially—fit with the governance of the thing for which the area is trying to devolve powers? Is there geographic alignment, or will it take time to achieve in respect of various public services? Are local partners—perhaps the NHS, in the case of Greater Manchester’s health devolution agreement—ready to work with an area? Has an area been working on it for a long time prior to the devolution agreement?
In some cases, there is a tie to whether an area has a directly elected leader. We are clear that we prefer the direct accountability and clarity that comes with the directly elected leader model, which is why the framework we have set out enables places to go further if they choose to go with that model. In some cases, in respect of things such as the functions of a police and crime commissioner, we are not legally able to devolve powers to someone who is not directly elected.
I said earlier in the debate that, fundamentally, we will not make progress and the devolution agenda will not make progress if we have to move in lockstep—if a power offered to one place has to be offered to all. To quote the great Tony Blair,
“I bear the scars on my back”
from negotiating all these devolution agreements in Whitehall. It is no small thing to get elected Ministers of the Crown to give up their powers to people in different political parties. It is the case that different places are ready to do different things, and it is important for them to do different things.
It is not the case that there is no framework—a framework is set out on page 140 of the levelling-up White Paper—but it is clear that there will be variation within that. It is a basic framework. Indeed, the White Paper includes principle three, on flexibility:
“Devolution deals will be tailored to each area”—
they will be bespoke—
“with not every area necessarily having the same powers.”
It does, though, set out what may comprise a typical devolution deal at each level of the framework. It is clear from our experience that we can add to devolution deals over time, that areas will have more ideas about the things they want to pursue, that they will get ready to do new things and that we can go further over time. It is an iterative process, not a once-and-for-all deal.
The hon. Member for Westmorland and Lonsdale asked who this is for—is it for Whitehall or for the people? I put it to him that our flexible model is for the people, not for Whitehall. Tidy-minded Whitehall officials would love nothing more than to have a rigid framework in which “Each of these things must mean exactly the same. If one’s got it, everyone must have it. We’ll put you in a grid. Oh, the matrix is not right!” I assure the hon. Gentleman that Whitehall would love that. It would absolutely adore that—it is what Whitehall would fundamentally like. Our approach rejects that bureaucratic approach and instead gives people what they want locally and what they are ready for in an area. Doing that enables us to make iterative progress.
I am not having a go at the Opposition, but we inherited a situation in which there was no devolution in England outside London. We have been able to make progress partly because we have been able to work iteratively. If we had said in 2014, “If you are offering these new and novel powers to Greater Manchester, you must offer them to every other single place in England,” we would never have got anywhere. It is as simple as that. We have to work iteratively, and by doing so we have made good progress.
Mrs Emma Lewell-Buck (South Shields) (Lab)
I am a little confused. My understanding was that the amendment does not say it has to be the same everywhere. It simply says that if an area requests a power that people have elsewhere, the Secretary of State should grant that request. I think the Minister misunderstands what the amendment is about.
Neil O’Brien
I think I have directly addressed that point. I reject the Opposition statement that “The default should be alignment.” I have taken on quite directly the point that it is about not just each area wanting different things but different places having different geographies that do or do not fit with different local partners. It is the case that different places do or do not have the agreement of local institutional partners and it is the case that some places are more or less ready and have further institutional maturity and, indeed, that we continue to add to that. I am not hiding or running away from the fact that part of this is about a view of what is achievable, along with, most importantly, what local places want. I am grateful to the hon. Lady for giving me the chance to take that on directly. I will not hide from the fact that that is one of the reasons for variation. My final point is that one reason why we are able to make progress is that we can move the convoy not at the speed of the slowest.
Alex Norris
This has been a really good discussion. As the hon. Member for Westmorland and Lonsdale said, the fundamental question is, “Who is this for?”—that is exactly the question posed by the amendment—and I would add, “Who decides?”. At the moment, we will have devolution as long as it is what Ministers want—that is disappointing. Sadly, it is why, as the hon. Gentleman said, preconditions will be put on access to powers that do not relate to the exercise of those powers,
My hon. Friend the Member for York Central made an important point about patchwork Britain. As I have said, we are willing to live with local choice provided that it is the local choice—that is perfectly legitimate. I actually think that most communities will turn to the highest levels of power. I was perhaps too bashful to say this at the outset, but we need only set the operation of the powers against the Government’s record over 12 years. I do not think many councils will be thinking, “Please let this Government keep doing more things for me because it is going so well”—those that do will be very limited in number.
Yes, there has been asymmetry. I am glad that the Minister accepts the brilliance and goodness of Tony Blair. I must correct the Minister, though: he keeps saying the “last Labour Government”, but it is only the previous Labour Government—there is nothing final about it! [Laughter.] In all seriousness, this has to be about what communities want, not what Ministers want. The Minister said that for some communities, it is not the right time. Okay, but if the common ground for decisions to be made locally is the alignment of public services—that point was well made—could geographies that do not match naturally be converged if that is what local people want? I would support that, but it would take time. Provision should be included to allow them to access the powers when they want to. They should not have to rely on further regulations.
Neil O’Brien
I am grateful to the hon. Gentleman for giving way at what is probably quite an annoying time for me to intervene, but I want to highlight mission 10 of the missions that we discussed earlier. It states:
“By 2030, every part of England that wants one will have a devolution deal with powers at or approaching the highest level of devolution and a simplified, long-term funding settlement.”
I think that makes it clear that our intention is for the powers and the scope of devolution to move upwards over time. That has been the direction of travel since 2014.
Alex Norris
I am grateful to the Minister for that intervention because he has made an excellent case for my amendment. That is what it would do: all communities would have access to the highest level of power. The Minister used the word “bespoke”, but how does that fit? Why would we have a series of bespoke arrangements if we wanted all local communities to have access to the highest powers? Those two things do not sit together naturally.
The point I made earlier about the default position being one of alignment was in relation to the constitution of CCAs. Let us say that ten deals are done and ten sets of regulations are made. The default should be that those regulations say the same thing, unless there is a really good reason for them not to. I am not saying that for the entire settlement. As I have said, things will move over time, but access should be to the highest level of power.
This is not about moving in lockstep; I am sure that there will be different paces. I dare say that although I do not have the Minister’s perspective—I do not work with local communities on this day to day—I have a lot more confidence in local communities to take the powers on more quickly. They only have to beat the Government of the day, and I have a lot of confidence in them in that respect.
Certainly, I do not disagree with what the Minister said about the White Paper, but I am not willing to rely on it in lieu of a better alternative in the Bill. I must rely on what is in the Bill, so I will press the amendment to a Division.
Question put, That the amendment be made.
Rachael Maskell
I beg to move amendment 50, in clause 19, page 15, line 37, at end insert—
“(2A) Regulations under subsection (1) must require that all CCAs impacted by a transfer of functions under this section collaborate on all routes that cross relevant CCA boundaries, including—
(a) any changes to routes,
(b) any changes to fares, and
(c) the formation of new routes.”
This amendment would require Combined County Authorities with an Integrated Transport Authority to work collaboratively on fares and routes that cross CCA boundaries with other CCAs impacted.
There must be recognition in the legislation of the challenges relating to transport routes that cross CCA boundaries. Bus routes, for example—but this could also apply to trams—often go beyond the political boundaries that we are debating. Collaboration between authorities is crucial to achieve the inter-area connectivity that is required. Rather than having long-protracted negotiations, we should encourage collaboration; it could be transformative for bus routes, fares, services, infrastructure, and even ticketing arrangements. Certainly, devolved authorities are taking inspirational initiatives to develop their transport system. They could, however, be in proximity to a CCA that takes a different approach.
The office of the Mayor of London, which is trying to extend routes, has long pleaded on this subject. The radial routes from London do not stop at the boundary of Greater London; they cross into the suburbs. Of course, the transport systems in the suburbs can be very different. A lack of flexibility at the border could have a real impact on who is able to travel across the borders. Seamless travel will encourage more people to take public transport, and to engage in active travel.
We also need to think about where there can be smoothing across boundaries and jurisdictions on issues such as fares. There can be deals on fares. I think that we are all excited to see Andy Burnham’s step forward for Manchester in his new deal on transport, how that will achieve modal shift, and draw people out of cars and on to public transport, which is absolutely necessary if we are to address the climate challenges ahead of us. Clearly, though, there will be implications for anyone who lives just over the boundary.
When it comes to transport routes, is not just what happens when a person is on a piece of infrastructure or mode of transport that matters; it is how they get there. Seamless travel is important. There will be negotiation, but will negotiation with private bus companies will be protracted? That could be what ends up happening, because a private bus company has a profit motive. It may say, “We prefer not to run that route, because we are on a different system. We are looking at profitability, so we will not send a bus into the neighbouring CCA.” A devolved authority may have objectives—on issues such as air pollution, connectivity and economic opportunity —that the neighbouring CCA does not benefit from; also, a CCA may have a model that involves a private transport provider that does not have any interest whatever in those things. The amendment considers how we achieve sound integration between the different CCAs to make sure that there is no pain at the boundaries, which is often the case.
In terms of other modes of transport, we should consider the investment in trams. In the UK we have a small prevalence of tram use compared with other European countries, but their use can be transformative in modal shift. If we see trams as the arteries of a transport system, the capillary routes that feed on to that will determine how somebody travels. Better bus connectivity at the end of a tramline is an example. In a rural CCA adjacent to a more urban-based CCA, there could be a determination that buses stop at 6 o’clock at night, whereas people want a tramline to run into the evening, because that is of benefit to people on the route. The availability of connecting buses may well have an impact on the establishment of a tramline and determine whether it is viable and value for money. Such discussions will be very important.
Such connectivity is also important to active travel. As a keen cyclist, I am excited about the Beelines network that is being developed in Manchester. That is transformative, and I want to see active travel opportunities available right across the country. For that type of travel to truly have a benefit, however, one must have good infrastructure to feed cyclists into the Beeline. That could make the difference between people jumping into their cars or engaging on those active travel routes. That choice will have an impact on the environment of, say, Manchester, should people drive into the city centre, compared with the environment of a neighbouring CCA, perhaps more rural, where there may be cleaner air, but not necessarily the same transport benefits.
We must think of the end-to-end journey. The amendment highlights that consideration, and is designed to achieve that better connectivity. That is the big challenge across our transport system. Whether we are discussing routes, fares, or future infrastructure, making those wise choices can make a real difference to personal choices about which mode of transport people select. I hope that the Minister sees the value in the amendment.
Alex Norris
I support my hon. Friend’s excellent amendment. The clause could be described as a “people before boundaries” clause. My hon. Friend referred to pain at the boundaries, which is always going to be a challenge and we must draw a line somewhere. It is right that there should be an expectation that where such lines are drawn, however, there must be an understanding that they are administrative boundaries set by us, rather than the public. It is our duty to seek to do whatever we can—or in this case, the leaders of CCAs to do what they can—to ameliorate the impact of such boundaries. In this case integration would obviously be a good idea, for the very benefits that my hon. Friend has outlined. I am very keen to support the amendment.
Tim Farron
I, too, support this wise and important amendment. I am thinking again about my community in Cumbria. Many bus routes that serve the county cross boundaries including, indeed, regional boundaries, because many of Cumbria’s routes are through to: Northumberland and Durham, a different region; into North Yorkshire, a different region; and to Scotland, a different nation—not necessarily a matter for this Committee, I am afraid. We are bounded on one side by the sea and then at the bottom there is Lancashire—the same region, but very likely to be in a different CCA, if that is the direction in which the Government and the community seek to move.
Bus services cross boundaries, and of course people work in different communities. People in the south end of Cumbria will look to work in Lancaster and further south. Towards the eastern end, the dales part of my community will look towards Leeds or Skipton. Further north, people will work in Carlisle and Penrith, and so on. Bus services rightly do not respect artificial boundaries, and it is important that we regulate fairly.
It is also worth bearing in mind, though, that there are far too few bus services to regulate and they are far too expensive. In a rural community like mine—in fact in most communities, urban or rural—bus services do not make much money, if they make money at all. Rather than thinking about the burden on the taxpayer of a subsidy that we might ask for, we need to consider public transport as a crucial investment in the oiling of a community, and of an economy.
As we move towards CCAs, part of the ambition that I would like them to have, as they are integrated with transport authorities, is to be able to bring more services. It seems odd that we are in a country where most local authorities are forbidden from being operators themselves. We should allow authorities to become bus operators and make their own luck, and indeed to compete properly in order to provide services to their communities.
For people living in a rural community such as mine—living off the A6, the A591, or the A590—on those arterial routes there will be a very expensive bus service. Often, there will not even be an expensive bus service; there might be one a week if people are lucky. Giving power to local communities, and putting in a provision and an expectation that they will co-ordinate, regulate and make sure that there is fairness and continuity across boundaries, should also go hand in hand with ensuring that there is sufficient investment, so that we have more buses and indeed more light rail serving our communities, particularly in rural areas that are so remote and where the distances to travel are that much greater.
Neil O’Brien
I agree with so much of what has been said by Members on the Opposition Benches. I agree about the importance of co-operation across boundaries. I have been very pleased to see the way that the West Midlands Combined Authority has improved transport even beyond its boundaries. Places that are negotiating devolution deals with us at the moment, from the south-west to the north-east, are thinking about that very actively.
I agree with what the hon. Members for Westmorland and Lonsdale and for York Central said about the importance of integration. It is one of the reasons that we have been keen to support bus franchising where people want that. I remember it being advocated to me nearly 22 years ago by the hon. Member for Blackley and Broughton (Graham Stringer), who is a former leader of Manchester City Council. He spoke about the advantages of integration through having that London-style bus franchising, which we would be able to approach in different ways through devolution.
Our approach is to achieve voluntary co-operation, rather than setting a requirement or duty to co-operate. We always try to encourage co-operation wherever we can—indeed, to the point of the hon. Member for Westmorland and Lonsdale revealing that he had encouraged it across the England-Scotland border, through the wonderful borderlands growth deal.
Rachael Maskell
Will the Minister acknowledge that many of those negotiations can take a significant amount of time, and can be not only incredibly painful when it comes to making progress, but at times quite conflictual, because there are conflicting interests at play, depending on the model of bus ownership and franchise that is operating?
Neil O’Brien
I absolutely agree. That is one reason why we are resisting the amendment—there are profound choices and it should be for local areas to make those choices.
The devolution framework absolutely recognises the importance of neighbouring authorities working together. Clearly, that is very important in CCAs being able to deliver their transport functions properly and to exercise control over local transport plans, and specifically to use these powers and controls to deliver high-quality bus services, as the hon. Member for York Central and the hon. Member for Nottingham North have said.
The amendment is unnecessary. There is already extensive collaboration between local transport authorities. Under current arrangements, there is a formal duty to co-operate, but not in the way that the amendment proposes. The current framework for local transport planning and guidance issued following the national bus strategy recently encouraged the joint development of bus service improvement plans. Examples exist in the West of England Combined Authority and North Somerset—two different areas—and also in Lancashire, with Blackburn and Darwen again working across the boundary of two top-tier local authorities. Those examples offer some further positive models of collaboration between local transport authorities in relation to planning local bus service improvements, which will include fare levels and service patterns, and all the other key issues.
We would expect CCAs to take the same collaborative approach with their neighbouring authorities, and I have to say that all the signs from the discussions we have had so far suggest that they want to take the same collaborative approach. We therefore feel that the existing mechanisms are sufficient to deliver and ensure the co-operation between authorities that we are talking about. As such, this amendment is unnecessary.
I hope that, given those assurances, the hon. Member for York Central will withdraw the amendment.
Rachael Maskell
I thank hon. Members for their contributions. I think we have to recognise that we are on a journey around the devolution of our transport systems. What came across powerfully in the evidence sessions last week was how transport is the biggest issue the devolved areas are currently dealing with. Therefore, transport is the dominant economic opportunity for the future. My friend the hon. Member for Westmorland and Lonsdale made important points about integration being essential. Encouraging more services is at the heart of the issue. The more services we have, the more of a modal shift we will see.
My hon. Friend the Member for Nottingham North spoke of how this is about people before boundaries. These boundaries, which we will be debating more, do get in the way of conversations about natural people flows, which are crucial to ensuring that communities work in the most efficient and appropriate way. I am happy to withdraw my amendment, but I hope the Minister will reflect on the comments made in this debate and continue the conversation, not only through the devolution process but also with the Transport Secretary to ensure we get better connectivity across our transport system. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Alex Norris
I beg to move amendment 27, in clause 19, page 16, line 2, at end insert—
“(3A) The Secretary of State must prepare and publish an annual report setting out—
(a) any differences in integrated transport authority functions conferred on CCAs,
(b) the reasons for those differences, and
(c) the extent to which economic, social and environmental well-being factors were considered in coming to decisions to confer different powers.”
This amendment would require the Secretary of State to publish an annual report explaining any differences in integrated transport authority functions conferred on CCAs.
The Chair
With this it will be convenient to discuss amendment 28, in clause 20, page 17, line 17, at end insert—
“(9A) The Secretary of State must publish an annual report setting out—
(a) any differences in highway and traffic functions conferred on CCAs,
(b) the reasons for those differences, and
(c) the extent to which economic, social and environmental well-being factors were considered in coming to decisions to confer different powers.”
This amendment would require the Secretary of State to publish an annual report explaining any differences in highway and traffic functions conferred on CCAs.
Alex Norris
The amendments are about two shared interests. One is a belief that devolution and the exercise of integrated transport powers are crucial to the effective operation of county combined authorities. The second is a strong belief that all county combined authorities should have access to the same powers as those who have the greatest. Given that those points are the topics of the two previous debates, I do not think there is an awful lot to add.
The case for the importance of transport connectivity has been ably made by my hon. Friend the Member for York Central. The debate has been had on access to powers, and I do not think it needs repeating. The only thing I would say is that the amendments put a limited obligation on the Secretary of State. If we are in a situation where—the Minister says this is likely, and I would concede that—some areas would be more ready, some geographies would be more natural or the leaders would be keener to receive these powers than others, there should be some account of that publicly.
Rather than saying, “These are just the two the Government have chosen and decided are good enough to receive these powers”, these amendments would mean the Secretary of State would provide another reason. That could be the geography or simply that the local leaders do not wish to receive the powers, in which case it would be a simple statement for the Secretary of State to make, but it would be an important statement and would demonstrate that the decision is being made public and is not happening behind closed doors.
Tim Farron
I will be brief. As the hon. Gentleman has said, these issues have been discussed previously. It is worth bearing in mind that some of the infrastructure—highways infrastructure in particular—might seem to be of local consideration only, but they are of national strategic importance. I am bound to pick on my own area.
Things that are under the aegis of Highways England, which are national roads, so to speak, and supported directly by the Department for Transport, are one matter. Some of the strategic road network, the layer down from that, which is looked after by local authorities, is clearly of national strategic significance. The A591 in my constituency links the motorway from junction 36 right up to Keswick and back to the north lakes. It is not part of the national strategic network belonging to the English highways agency.
That is absolutely fine, but we need to recognise that if a local authority or a collection of local authorities is going to have responsibility for such an important road—the main arterial route through the middle of the Lake district, which is the biggest visitor destination in the country after London—it needs to be adequately resourced. It may need to be resourced across more than one CCA, depending on what boundaries are considered. This is important because I want to make sure the Government are held to account for the resource that they do—or do not—provide CCAs, so that communities such as mine are not basically providing and maintaining a road for 20 million visitors on whose behalf the Government contribute nothing.
Rachael Maskell
This is an important amendment. Having served as a shadow Transport Minister, I know the importance of getting a system in place to ensure connectivity and reliability, as well as modal shift. These amendments would hold the Secretary of State to account through the requirement to set out the reasons for any inequality in the transport functions conferred on CCAs. Ultimately, the public have a right to understand the Secretary of State’s thinking on such matters, particularly as it could well have an impact on them.
As we will debate further as the Bill progresses, the national development management policies will be making particular demands around transport infrastructure in our country. I am sure that will be a major area of contentious debate, but if we are looking at some authorities having the means to address their local transport system and other local authorities not having equal means, that will create even more discontent and inequality.
Ultimately, our transport system is a national system because our connectivity across the country has to connect—that might seem an obvious point. My fear is that this inequality could mean a more stop-start approach to transport planning, as opposed to the smoothing that we know the road and bus industries—and indeed the transport sector as a whole—are calling for. Accountability for any differentiation of powers is important, and that is what these amendments call for. It is also important to understand the Secretary of State’s thinking about how they are putting the transport system together across our country.
I appreciate the Minister’s role, but what happens in what I described earlier as the capillary routes, as opposed to arterial routes, is of equal importance, because people will not maximise the opportunity of those routes if they cannot reach them. There has to be joined-up thinking that stretches beyond the remit of the Minister, but which is crucial to the Bill.
Neil O’Brien
These amendments would require the Secretary of State to publish an annual report setting out any differences in transport, highway and traffic functions conferred on CCAs, the reasons for those differences and the extent to which economic, social and environmental wellbeing factors were considered in coming to decisions to confer different powers. The reports that the amendments seek are unnecessary as the information will already be available. The hon. Member for Nottingham North said that there should be an account, and I am happy to say that there will be.
Following a successful devolution deal negotiation, the devolution deal document and councils’ proposal will set out any transport and highways roles that the CCA will have, the intended outcome and the difference these will make to the area. Whatever functions to be conferred, including any on transport and highways, will be set out in regulations, which are considered by Parliament and must be approved by Parliament before they can be made. Parliament will have an explanatory memorandum explaining which transport powers are being conferred, and why, the views of the consultees and how the conferral meets the statutory test of improving economic, social and environmental wellbeing—the exact set of issues that the Opposition are keen to hear more about.
There will be differences, as I have said, to reflect the bespoke nature of devolution deals that address the needs of an individual area, seeking to maximise local opportunities to drive levelling up. At the moment, there are no integrated transport authorities in place, but the possibility of establishing one remains. Parliament will have all of this information available through other means; this amendment would create unnecessary bureaucracy.
Alex Norris
I am happy on the basis that this information will be available to Parliament. I hope that, if it is debated, Ministers will be as candid as the Minister has been throughout today’s proceedings and explain the precise reasons for any differences. That is an important part of effective scrutiny. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 19 ordered to stand part of the Bill.
Clause 20
Directions relating to highways and traffic functions
Question proposed, That the clause stand part of the Bill.
Alex Norris
These are significant powers. We have talked about the importance of devolving highway and traffic functions to CCAs. The clause allows those powers to revert and the Secretary of State to direct. I want an assurance from the Minister that those powers would be used only in very exceptional circumstances, because I cannot believe that that ministerial lock is that necessary if we are really intending to devolve these powers.
Neil O’Brien
I should reply to that, Mr Paisley. I cannot think of any instances where these powers have been used so far. Of course, there is a scenario in which a CCA was wound up. There are some issues in a particular case in the north-east at the moment about moving from a combined authority that covers part of the area to one that covers all of the metropolitan area. It might be that there are some legal powers one needs to make that happen, which is the will of the local authorities. However, in general, it is not our intention to suck powers upwards, but to devolve them.
Question put and agreed to.
Clause 20 accordingly ordered to stand part of the Bill.
Clause 21
Contravention of regulations under section 20
Question proposed, That the clause stand part of the Bill.
Alex Norris
The clause concerns contraventions of the directions in clause 20. I know these powers have not been used and they mirror powers in the Local Democracy, Economic Development and Construction Act 2009. However, I wonder whether the Minister would understandably think that there would be some sort of arbitration before these powers were perhaps used to their fullest. Of course, finance is involved in this clause.
Neil O’Brien
I am sure there would be a lot of discussion before one came to these kind of steps, which are pretty dramatic. I am happy to discuss that further with the hon. Member for Nottingham North.
Question put and agreed to.
Clause 21 accordingly ordered to stand part of the Bill.
Clause 22
Changes to boundaries of a CCA’s area
Alex Norris
I beg to move amendment 31, in clause 22, page 19, line 15, at end insert—
“(14) Where the Secretary of State makes provision under subsection (1)(b) to remove a local government area from a CCA, they must publish a statement setting out how that local government area that will have access to the powers they have lost in the future.”
This amendment would require the Secretary of State to explain how a local government area will in future have access to the powers they have lost as a result of removal from a CCA.
The Chair
With this it will be convenient to discuss amendment 32, in clause 23, page 19, line 35, at end insert—
“(5) Where the Secretary of State makes provision under subsection (1) to dissolve a CCA’s area, they must then publish a statement setting out how the relevant local government area or areas will have access to the powers they have lost in the future.”
This amendment would require the Secretary of State to explain how a local government area will in future have access to the powers they have lost as a result of the dissolution or abolition of a CCA.
Alex Norris
The amendments alter clauses 22 and 23. Clause 22 allows the Secretary of State, with the consent of the relevant local authorities in the CCA, to change a CCA’s boundaries. I would not expect it to be a frequently used power or, certainly, to be used soon after Royal Assent, but given the Minister’s earlier example of north and south of Tyne, I can understand that there could be a context, perhaps for a combined county authority, where something similar could happen.
Similarly, clause 23 allows for dissolution. Again, there might be a context where a CCA does not leave the husk body—I think that was how the Minister characterised it earlier. What is important, and what I am probing with these amendments, is that there will be some sense that this is not about the end of the devolution settlement for those areas and that they will not lose powers, but rather there will be a confirmation that these communities still have access to the same powers. The amendments would require the Secretary of State to provide an explanation of how those communities will still get access to those powers.
Neil O’Brien
Although we have not yet established any combined county authorities, we need to look to the future and anticipate some scenario in which an established CCA wishes to change its boundary, or a CCA needs to be abolished. If that happens, Parliament will receive a statement and an explanatory memorandum explaining the boundary change or dissolution, any conferral of powers, the views of the consultees, and how it meets the statutory tests of improving economic, social and environmental wellbeing. It will then be considered in a debate. In addition, the Secretary of State may make regulations changing the area of a CCA only if that is something that the area consents to, and a CCA cannot be abolished without the consent of a majority of its members and of the Mayor, if there is one. It cannot be imposed.
Alex Norris
I am grateful for the Minister’s reply, which gives me some confidence that things will happen as we would have hoped. On that basis, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Ordered, That further consideration be now adjourned. —(Miss Dines.)
Genetic Technology (Precision Breeding) Bill (Fourth sitting)
Thursday 30th June 2022
(2 years, 5 months ago)
Public Bill CommitteesRead Full debate Genetic Technology (Precision Breeding) Act 2023 View all Genetic Technology (Precision Breeding) Act 2023 Debates Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 30 June 2022 - (30 Jun 2022)
The Chair
The Committee is now sitting in public and the proceedings are being broadcast. We will now hear oral evidence from Penny Hawkins, head of the animals in science department at the Royal Society for the Prevention of Cruelty to Animals, who is now before us on Zoom—welcome. Would you like to introduce yourself? We will then move straight to questions.
Penny Hawkins: Good afternoon. I am Dr Penny Hawkins. I am a biologist by training. I am head of the RSPCA animals in science department, which seeks to implement replacement, reduction and refinement with respect to animal experiments, and to ensure the robust ethical review of animal use.
The Chair
Thank you. We will be finishing at 2.20 pm, so Members should keep their questions brief, and answers should be as precise and brief as possible.
The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Jo Churchill)
Q
Penny Hawkins: Right, there were quite a few components to that question, so if I start to go off topic, do please bring me back. I will start by saying that my area of expertise is the Animals (Scientific Procedures) Act 1986, so while I am aware that there are various pieces of legislation and codes of practice that regulate how farmed animals are kept and what it is permissible to do to them—of course, the Animal Welfare Act 2006 comes into play if farm animals are cruelly treated—what I really know about is the 1986 Act.
That was a major concern for the RSPCA, because when you look at the draft Bill, there is actually no mention at all of the Animals (Scientific Procedures) Act, which I will call ASPA for short from now on. The drafting team kindly gave us some of their time, so I now understand that every new line—every new precision-bred line that is created and that will then go on to fall under this Bill—will still require licensing under the ASPA for the foreseeable future.
That is absolutely essential, because within the ASPA, you have a framework for minimising the harms to animals, for reducing or avoiding wastage, and for ensuring that gene edited animals are properly characterised or phenotyped, so you understand the physical impact on the animal. There are also proper requirements for welfare assessment and, very importantly, a harm-benefit analysis and ethical review of every line, as you mentioned. In cases of special ethical animal welfare or societal concern, there is the provision to ask the Animals in Science Committee to review the project licence application, which is also critical.
The key reason why the harm-benefit analysis is essential is that at the moment, as drafted—and as previous people who have appeared before the Committee have explained—there is nothing in there about permissible purposes, less permissible purposes or purposes that should be really carefully scrutinised. So I think the ASPA is and will remain an essential safeguard to ensure that there is proper risk minimisation for animals, ethical review, and an element of social licence to use these techniques. People have to remember that the public need to consent to this, and at the moment, there are deep-seated public concerns that have not been properly explored.
Daniel Zeichner (Cambridge) (Lab)
Q
Penny Hawkins: Indeed. I think some very useful lessons can be learnt from the way in which genetically altered laboratory animals are regulated, but I emphasise that, within a laboratory setting, genetically altered laboratory animals include those in which genes have been inserted from other species. We are very clear that within this Bill we are talking just about gene editing and not about deliberate transgenesis, although there have been some discussions about potential accidental additions of exogenous material.
When genetically altered animals are created under the ASPA, a licence is required for their creation, because, obviously, regulated scientific procedures are required in order to generate these animals—procedures that relate to, for example, administering substances to animals so that they produce large numbers of eggs, or super-ovulation, removing those eggs from animals, preparing other animals to receive the gene edited pregnancies, and so on. All those require licensing, and then, when the line of genetically altered animals has been created, they have to be, as I mentioned, phenotyped. That is a battery of behavioural and biochemical tests to look at what the eventual genetic alteration was and to look at the whole animal that this creates—the phenotype.
There is a system of licensing under which the impact on the animal is categorised as mild, moderate or severe. If a researcher or research team can demonstrate that the gene edit they have done is stable for at least two generations, and if they have phenotyping data and animal welfare assessment data to demonstrate that the animal is not going to suffer as a result of being gene edited—the impact would have to be what is referred to as below threshold; not even mild suffering—then, in those circumstances, they can apply for the breeding of that particular line to be released from the controls of ASPA. That would mean that those animals would still be bred in a laboratory under all the codes of practice that normally apply to laboratory animals, but a licence would not be required in order to breed the animals, because there is no risk to their welfare because of the gene edit.
Those are the safeguards in place for laboratory animals. The issue with farmed animals is that, obviously, if they are released from ASPA and their breeding is then controlled or regulated by this PB legislation, they will not be held in a laboratory setting, with all the controls that that entails; they will join the national herd or flock. That is a very different environment, and it can be far from clear how the genes will express themselves once they are in that environment.
Also, this Bill presumably applies to other animals: companion animals, wild animals and sporting animals. At the moment, for example, projects are under way to look at gene editing grey squirrels to result in fewer females being born or male infertility. Presumably, their breeding will also be covered by the Bill. And when they are released, they really will be released into the wild. Again, that is an extremely different environment. So the safeguards that laboratory animals have will be severely reduced or absent for other types of animal.
Daniel Zeichner
Q
Penny Hawkins: Well, I was listening to the representations this morning and I can only echo what everybody was saying about the welfare advisory body. At present it is there to report to the Secretary of State on whether the notifier has had regard to the risks to the health and welfare of the animal and their progeny. There does appear to be some provision in clause 15 on the suspension and revocation of marketing authorisation. That provides for the Secretary of State to receive information on the health and welfare of the progeny of those animals, but that is dependent on clause 14 on reporting obligations, which states only that:
“Regulations may make provision for requiring the notifier…to provide the Secretary of State with…information”
about their progeny
“during periods…prescribed by the regulations”.
All those elements that relate to long-term surveillance really need to be tightened up, and they need to be “musts” instead of “mays”. Many of those are subject to the affirmative procedure, which I know is normal for statutory instruments, but that again does not reassure people who are concerned about the long-term welfare effects that an adequate mechanism is in place for picking these up.
Similarly, it is not at all clear what qualifications the inspectors who are going to be active under the Bill need to have, so it would be good to see some reassurance as to how they are going to be qualified and to see it explicitly said that they will have the right to access and inspect animals.
Deidre Brock (Edinburgh North and Leith) (SNP)
Q
“There is no history of safe and reliable use”.
What else could that cover? What are your concerns? Can you expand on that, please?
Penny Hawkins: Just to clarify, when we talk about safety we are talking about the safety of animals. There are two kinds of concerns about gene editing: one from the consumer point of view and one from an animal welfare point of view, and we are talking about the animal welfare point of view. I listened particularly to Professor Henderson when he spoke to you, and I noted that he said there will have to be a two to three-year process of gathering and analysing scientific evidence around both on-farm and off-farm welfare
“before the secondary legislation can be enacted.”––[Official Report, Genetic Technology (Precision Breeding) Public Bill Committee, 28 June 2022; c. 17-18, Q24.]
He said that the process for that was laid out in the Bill, but I have looked at the Bill really carefully and I cannot see any such process either in the Bill or the explanatory notes.
This morning Professor Henderson said that more thinking needed to be done regarding animal welfare advisory bodies and advice on the Bill. Coming from the DEFRA chief scientific adviser, I do not think that that is very reassuring. All of the concerns that I expressed previously about the longitudinal reporting and monitoring of health and welfare also apply here. I am particularly thinking about clause 9, which explains what happens from the bureaucratic aspect if an animal is no longer deemed to be precision bred. Presumably if an animal is no longer deemed to be precision bred, it will either be because they have not been characterised or phenotyped properly or because the genome is no longer stable.
As you heard from the Royal Society of Biology, genes can have effects in multiple tissues, so in these cases there must be a much clearer mechanism for identifying and tracing these animals, and that is also lacking in the Bill. From an animal safety and welfare perspective, there really are some issues that need to be addressed.
Deidre Brock
Q
Penny Hawkins: That is an extremely important question. Reading the sentience Act, I do not think it will necessarily preclude gene editing per se. What it requires is an examination of whether or to what extent the Government are having or have had all due regard to the ways in which the policy might have an adverse effect on the welfare of animals as sentient beings. At the moment it is simply not possible to say that on the basis of the information in the draft statute.
Clause 12 talks about the welfare advisory body reporting to the Secretary of State on whether the notifier has had regard to the risks to the health or welfare of the animal or their progeny and has taken “reasonable steps” to identify or address them. But we do not know how the welfare advisory body will be constituted or resourced, how independent it will be, what kind of expertise it will have access to, whether it will just confine its assessment to looking at those particular traits that have been identified by the notifier or whether it will think about wider issues relating to the process of gene editing, as Professor Campbell said, looking at purposes or at the global impact of gene editing those animals. So it is not possible to say from the way the statute is drafted at the moment whether all due regard has been paid. We just have to hope that the secondary legislation will address this, but at the moment we just don’t know.
Deidre Brock
Q
Penny Hawkins: Yes, because even the animal welfare applications are ultimately for human benefit. If you think about the gene edited polled cattle, which are the poster child for the animal welfare applications, clearly polling cattle is extremely painful and distressing for them. A world in which that did not have to happen would certainly be a better world for the cattle, but it is actually possible to keep horned cattle together. It can be done, but it is very expensive. Many farmers would not be able to afford it and many consumers would be unwilling, or probably unable, to pay the prices that would be involved. So, yes, there is a welfare benefit, but it is ultimately an economic benefit.
Kerry McCarthy (Bristol East) (Lab)
Q
Penny Hawkins: No, I do not think it is messy. The Animal Welfare Centre of Excellence, which will bring all these committees together, will ensure co-ordination. The purpose of the Animal Welfare (Sentience) Act 2022 is to look at policy across all policy areas and see whether due regard has been paid to the effects on the welfare of animals as sentient beings. The welfare advisory body is something that the Animal Sentience Committee would look at when it was making that assessment. I still think it is really important to have this overarching body that will look at policy right across the board. To me, they are all separate entities that complement one another.
Kerry McCarthy
Q
Penny Hawkins: No, I do not believe they would. I think there is a suitable framework in place to ensure co-ordination that I think will work.
The Chair
Can I thank Dr Hawkins for her time and for the evidence she has given to the Committee, which I am sure we will find very valuable? Thank you very much.
Penny Hawkins: Thank you for the opportunity.
Examination of Witnesses
Lawrence Woodward OBE and Pat Thomas gave evidence.
The Chair
We have until 2.50 pm for this session, so please could you introduce yourselves very briefly and then we will move straight into questions?
Pat Thomas: Good afternoon, and thank you for having us here today. My name is Pat Thomas. I am the co-founder and co-director of Beyond GM. I come from a journalistic background. I am a former trustee of the Soil Association and the Organic Research Centre, and I currently sit on the board of the Nuffield Council on Bioethics’ dialogues on genetically engineered animals.
Lawrence Woodward: I am Lawrence Woodward. I am co-director of Beyond GM; I am also a director of Whole Health Agriculture. I am an adviser to the Seed Sovereignty UK and Ireland programme. My previous life was as director of the Organic Research Centre, during which time I was involved in setting up an organic seed breeding company, developing a programme of evolutionary plant breeding. I was also a founder and director of the European Consortium for Organic Plant Breeding.
Jo Churchill
Q
Lawrence Woodward: The first issue is clarity of definition and terminology, which indicates concerns and differences of view regarding areas of risk. We start with this terminology, “precision breeding”, which is found nowhere else in any regulation of any other authority—it does not exist. It is a new term, and the definition of what that is, the description of what that is, only exists in this Bill and nowhere else, so there is a question about where safety issues and issues of regulation and risk assessment come in.
The Bill itself starts off with the premise that all these technologies arise from genetically modified organisms. The definitions in the Bill start off with GMOs as defined in the Genetically Modified Organisms (Deliberate Release) Regulations 2002. Those definitions have given rise over the years to contested science in relation to risk assessment and safety. The Bill goes on to say that any of those techniques under those GMO regulations can be considered to be precision breeding if they could have been achieved by traditional processes, but there is no international clarity about what traditional breeding or traditional processes actually are. The narrative in the UK is, “This is traditional breeding”, but different people mean different things by that. In fact, I noted that several speakers on Tuesday talked about conventional breeding, which is probably more accurate. When we talk about that definition of traditional breeding or conventional breeding in modern times, the methods are very different, and the contention is that the damage within the breeding process—the potential risks within the genome—varies according to the different methods.
The evidence presented by the Advisory Committee on Releases to the Environment and numerous scientific bodies in this country is that risk can be assessed adequately on the basis of the final product, on the phenotype: what it looks like, and how equivalent it is to something that comes from conventional or traditional breeding. That, it has to be said, is the opinion of most research establishments and plant breeders in the UK and in some other countries, but it is not true to say that it is an overwhelming consensus. There is a body of evidence that says, “Actually, there are other risks”, and that looking at and assessing risk in relation to the end product misses disruption within the genome, and the potential health and safety aspects of that.
Disruption in the genome is at the heart of genome editing technologies, because you are going right into the cell—into the organism. I have to say, I think it is unfortunate that this Committee has not taken oral evidence from the number of scientists who work in medical practice and agriculture who have looked at the evidence of the risks of this damage within the genome and what that means, and can talk about it much better than me.
In our view, the extent of the damage and disruption within the genome is a contested area. The question then is: what does that mean for the composition of the final product, and what level of risk assessment is appropriate? That is another critical issue in this scientific debate. A number of witnesses on Tuesday referred to proportionate regulation and proportionate risk assessment. We absolutely agree with that, but it is a question of how you discuss proportionate risk assessment. Other regulatory authorities work on a system of tiered risk assessment and risk safety analysis, with different tiers for different levels of the application of this technology. We think that really should be looked at. To come back to your question, the evidence of safety and the evidence of risk is in our view entirely dependent on that tiered risk assessment.
Jo Churchill
Q
Lawrence Woodward: We are not opposed to the overall application of biotechnologies. Some aspects of genetic engineering technologies are very interesting, and there is certainly some amazing science happening. We are not opposed per se; it is about the context, the framework, the risk assessment and the wider social utility and environmental impact assessments.
Jo Churchill
I should just say that it was probably out of scope to call people who are much more based in the world of the human genome, but of course we know what advances have been made there using this technology.
Daniel Zeichner
Q
Lawrence Woodward: No, the Bill is vague on definitions. Other regulatory authorities have been presented as basing their approach on end-product analysis and ignoring process, but that is not true. It is only Canada that only looks at the end process; all the other regulatory authorities look at the end product and the process. The scope of this Bill captures not just narrow gene editing, as presented by the famous word processing approach—“We alter a letter here and there and everything is okay”. The scope of the Bill is very wide, and it appears to encompass the possibilities of all new developments in biotechnology, such as RNA information sprays. This encompasses a range of things that are on the cards in the future, yet the clarity of that definition and scope are lacking, as are the assessment and consultation processes to deal with those new technologies coming forward. We have the possibility here of enlarging the scope into the future, ill-defined and without the regulatory framework to deal with that expansion.
Daniel Zeichner
Q
Pat Thomas: In essence, the Bill does not provide any reassurance about environmental impacts, because the Bill has decided that there are no environmental impacts. You have heard statements from scientists, and I will underscore my colleague’s point that it was a shame that dissenting scientists were not invited to present evidence to the Committee. The Bill itself has made a prejudgment that these technologies present no environmental risk, but it has not, as the Regulatory Policy Committee concluded, presented any evidence to prove that.
Particularly where we are talking about plants, which are the dominant lifeform on this planet, and a very wide scope of which are exempted in this Bill, we need to be very clear about what the environmental impact will be, not just in agricultural nature, but in wider nature. That requires much more comprehensive assessment than is currently being looked at. At the moment, the assessment is really whether it is good for business. That is fine—we all want to see business progress—but these kinds of disruptive technologies that cut across multiple areas of concern need to be assessed on a much broader basis.
One thing that would immeasurably improve the Bill would be to ensure that the assessment board is looking not just at something that is scientifically feasible, but at the impacts across environment and the social scale, from a practical, an ethical and even a vocational level. There are examples of that in the world: the Norwegians have an agricultural biotechnology board, for instance, which assesses genome edited products on all those bases. Science does not outweigh, for instance, ecological or social concerns.
A very interesting example of that was in 2017 when that board rejected a double-stacked maize that was engineered to produce its own insecticide and be resistant to herbicides. While it accepted that the maize was probably safe to eat or to grow, the deciding factor was that there was no social utility. There was no benefit for consumers or for the environment, and those concerns, given equal weight to science, were the concerns on which it was rejected. That is what we need here. We need a much broader consideration of the impacts of these technologies.
Daniel Zeichner
Q
Pat Thomas: They certainly do raise wider issues. Within the scope of this Bill, as my colleague pointed out, there does not appear to be any type of genetic engineering that is truly exempted. If a plant or animal breeder can make a case—that case is not checked, it is simply made; it is a notification, not an assessment—that their plant is herbicide tolerant and that there somewhere exists a plant that is also herbicide tolerant, that plant becomes exempted under these provisions.
Lawrence Woodward: If I may just add to that, I had rather lazily gone along to some extent with the claim that gene editing technology will reduce the amount of herbicides and pesticides being used. I was therefore somewhat upset and surprised to see that Cibus, one of the major gene editing developers, put out its annual report the other day with a press release praising efforts around the world and in the UK to deregulate genome editing, because it saw the possibility of increasing herbicide-tolerant traits for sale, thereby increasing the use of herbicides in agriculture. It saw a way in which genome editing technology could increase the effectiveness of putting in herbicide-tolerant traits. That is an example of the complex nature of this area. The question of utility, sustainability, reduction of herbicides and so on, which people talk about, is really not a given.
Pat Thomas: I just want to add a brief point: within the scope of the Bill, the concept of risk is being used interchangeably with sustainability. Risk assessment and sustainability assessment are two entirely different things. A sustainability assessment will look more across the board at the sorts of effects that we are talking about here. We should not take for granted that risk or safety can be used as a proxy for sustainability.
Deidre Brock
Q
Pat Thomas: I think we can learn the value of citizen views. I have been a little disturbed, in the first session and this one, by the vague disdain for citizens—“Citizens must not understand the science, therefore they must not have a view.” Citizens are major stakeholders in the food system.
What that board does is to have a high percentage of civil society groups in particular, who are used as a proxy for citizens, but it also seeks out citizen views. What we have learned from citizen engagement in our work and in sharing the work of others is that citizens tend to ask a much wider range of questions of the food system. When they are not asking those questions, it is because some aspect of the food system has been hidden from them. For example, until we understood about battery hens, people did not ask questions about that, but they ask them now. When people began to worry about pesticides in their food, they began to ask questions about organic food.
A concern for me about the Bill and citizen engagement is that the term “precision bred” is not well known. It is in fact a way of sneaking genetically engineered foods into the food system. I can envisage a case in which—even if there was a turnaround on labelling—to label something “precision bred”, for example, is not useful information to people who do not understand what that term means.
To circle back to your question, the importance of including citizens in these kinds of assessments is that we get a much more well-rounded assessment, and something that takes into account questions such as, “Why are we doing this?”, “Is there an alternative?” and, “If there is an alternative, why are we doing this?” Those questions are very important.
Lawrence Woodward: May I add to that? The Norwegian law is one thing. People always think, “Okay, it’s in Scandinavia, they don’t do much GM anyway,” but I remind you that in 2015 the House of Commons Science and Technology Committee—of which I believe you were a member, Chair—recommended in its inquiry into agricultural technology the establishment of a permanent citizens panel to work alongside ACRE in assessing all these other aspects of gene technology, such as its application, its commercial roll-out and so on. That is embedded in the House of Commons proceedings. It did not get very far, obviously. The other point about that is that although that provision did not go into detail as to what would constitute a permanent citizens’ panel, the Norwegian one does, in terms of balance of citizen representation and stakeholder representation.
Deidre Brock
Q
GeneWatch UK said that if exempt GMOs are not traceable—because they are considered to be, as we have heard from several witnesses, the same as conventionally bred organisms—manufacturers should be required to publish a validated test for each GMO released. It suggests that all countries that require such organisms to be regulated could potentially refuse all imports of food and other products that contain that exempt GMO. Could you just expand a little on that for us? I would be interested to hear your points of view.
Lawrence Woodward: If I have understood GeneWatch UK’s position, it is pointing out one of the aspects of this situation, namely that if England proceeds by itself —isolated, without regulatory alignment—that would raise all kinds of trade transparency marketing issues, which are not really addressed and which the Regulatory Policy Committee identified as not being really addressed in the impact statement. You then have dysfunction in regulation and alignment, which leads to confusion in the marketplace, and I think that GeneWatch UK was pointing out the fact that England might allow non-labelling and non-traceability of some of these products would not carry a weight in other markets.
There are many different ways of dealing with that situation. What is absolutely clear is that there needs to be in this Bill greater consideration of traceability throughout the supply chains so that the market can function, and both farmers and consumers have choice. There are different ways of doing that.
GeneWatch UK pointed to the need to develop specific analytical tests. Those analytical tests are being developed. Robin May at the Food Standards Agency pointed out—I think he made some comment that labelling is useless if it cannot be verified. In theory that is true but, first, analytical tests do exist, they are being developed and they can be developed faster. Secondly, we already have in a lot of areas geographical identification and source of origin identification—in egg marketing, whether they are free range eggs or barn eggs. We already have marketing verification based on provenance and audit trails. There is no reason why traceability cannot be built up on that, if the right kind of mandatory information is put in the Bill.
There is a separate discussion about labelling. Obviously, we are in favour of labelling. How that would be, where it is and so on—we recognise the difficulties.
Pat Thomas: To add to that, we have heard a lot over these sessions about how it is not possible to trace these organisms and that simply is not true, particularly for a patented organism. There must be something in place to trace that, in order to protect the patent. So, alongside the development of these organisms, there is also the development of the tests to trace them. The question is whether we will put those into effect or not. I would assume that if the developers want to protect their patents they would want to ensure that those tests are there and available.
Katherine Fletcher (South Ribble) (Con)
Q
Lawrence Woodward: People often forget in this conversation that European research establishments overall have made an awful lot of research investment into GMO technology and gene editing technology. Some great work is being done in UK research establishments. It is not that we have a block on this. On how much faster would deregulation, in terms of what is envisaged in the Bill, increase that research activity, others can speak more on that. It is not entirely clear to me that that is the case. It might be a benefit in terms of increasing inward investment from multinational companies.
Katherine Fletcher
Q
Lawrence Woodward: The impact statement pointed to the development of research in Argentina by pointing to the increase in the number of patents that have been registered in Argentina since it altered its regulation. You might say that is a proxy for research and development activity. It is not necessarily. There is not really that much published information that says how much research is going on, who is funding it and where it is being funded. On the development of traits and the interesting science, it is not clear that it is any greater in Argentina or Japan than it is in Europe and the UK.
Katherine Fletcher
Q
Pat Thomas: In all those countries, the answer is that it depends. There is a patchwork of regulation throughout the world, with not much in the way of harmonisation. What is very clear is that the media narrative around these countries deregulating gene editing is exaggerated. In some countries such as Argentina there is a much more nuanced type of regulation that looks at things on a case-by-case basis. It is not a wholesale deregulation, which is what we are looking at here. That puts us out of step with those countries. China is the latest one to come on, again, with a much more nuanced approach to regulations. I think you have looked at the Canadian regulations, Lawrence.
Lawrence Woodward: The Canadian regulation is product-based but with a greater analysis of where the end product differs from conventional, so there is a trigger mechanism. I am probably still not understanding what you are asking. In the last five years we have had a lot of discussions with conventional researchers, GMO developers and so on. One of the telling things in our roundtable on the use of genome editing in animals was that the research and development very much depended on the commercial partnerships and roll-out. That very much depended on the markets that those companies could see. That depended on the type of agriculture that they were seeking.
It is not a surprise that most of the development is going into pig disease and those conditions that effect elite breeding lines, because that is where, for the breeding companies, the genetic ownership sees most return. That is not to say there will be no spill-over or benefit to small agroecological farmers and so on, but that is not the thrust. The thrust is about the commercial roll-out.
Pat Thomas: I think what you are asking is whether consumer concerns are being taken into account.
The Chair
Order. It is 2.50 pm. We have to finish there. I thank both our witnesses for their time and their full answers in this session. I am sure the Committee finds them very helpful.
Pat Thomas: Thank you.
Lawrence Woodward: Thank you for giving us the time.
Examination of Witnesses
Dr Michael Edenborough QC and Professor Sarah Hartley gave evidence.
The Chair
We now move on to our next witnesses. Before we do, Professor David Rose of Cranfield University was due to give evidence on this panel, but unfortunately he has had to withdraw because he has covid. I welcome Dr Michael Edenborough QC, IP law specialist from Serle Court, and Professor Sarah Hartley from the University of Exeter. We will finish at 3.30 pm. Can you both very briefly introduce yourselves?
Professor Hartley: I have been studying genetic modification of biotech more generally for the past 20 years. I studied GM crops regulation back in the 2000s, and more recently have been looking at gene drive applications in the UK and more widely in Africa and North America.
Dr Edenborough: I originally was a scientist but I then became a lawyer. I am now a barrister specialising in intellectual property law, including such matters as patents, trade secrets, plant varieties and geographical indications.
Jo Churchill
Q
Dr Edenborough: The Bill itself does not purport to alter the intellectual property regime at all, so therefore this Bill will not have any effect on the underlying mechanisms whereby you can obtain protection—be that, for example, plant breeders’ rights or a patent. Therefore, it will still be open to small and medium-sized enterprises to secure rights as they would have done. To that extent, this has no effect.
Jo Churchill
Q
Professor Hartley: The Bill enables science to develop in this area, but it does not enable us to direct the science and technology towards doing any good. That would require a different form of governance. We know that gene editing and genetic modification are used in similar ways because we have not seen them separated out in any great detail yet globally. There have been some successes, but there have also been some failures—I would point to the GM cotton in Africa, particularly in Burkina Faso, where it failed to deliver the benefits and, in fact, had quite a negative impact. The question is whether the Bill can provide any public good; the answer is that it would make no difference to the public good. It may allow gene editing to develop, but whether or not it serves the public good would require a different level of governance.
Jo Churchill
Q
Professor Hartley: We could leave it to philanthropists, but the process of governance within the philanthropy organisations is quite closed and run by very few people, often within the United States of America. Social scientists working in this space have shown that we need more people from the area where the problem is based to be engaged and involved in the development of the technology. You would need stakeholders, farmers, conservationists and so on to be involved in the development of the technology early on.
Jo Churchill
Q
Professor Hartley: Indeed. That can happen as early as the funding agencies that fund the research all the way through the development and design process.
Daniel Zeichner
Q
Professor Hartley: One of the challenges the Bill faces is that it does not address the results from the consultation that DEFRA held. Some important issues came up through that consultation—around transparency, traceability, labelling and engagement—that do not appear to be addressed at the moment. I also think the focus of the Bill on the consultation has been around agriculture, and yet applications in conservation and environmental management are also possible in the Bill. There are a range of stakeholders in those areas who have not been sufficiently engaged, I believe, in the development of the Bill.
Daniel Zeichner
Q
Professor Hartley: We have known for 20 years some of the issues that the public care about in the space of emerging biotechnology, and that includes labelling, which we know is key. We also know that the public have much more support for technologies that deliver public benefit and are not for profit. Over time, these issues are quite consistent across a lot of emerging technologies, but particularly in biotech.
We could argue that part of the failure of the GM crops was that they did not deliver the public benefit that they promised to start with. They promised to feed the world and contribute to global food security, but in fact the products that were developed ended up serving the farming industry and delivering higher economic profits. We also note it is not reflected in the Bill that animals are much more of a concern to the public than crops. Again, the sensitivities to those issues of concern do not appear to have been addressed in the Bill at this point.
Daniel Zeichner
Q
Dr Edenborough: Well, I am confident that it would not be straightforward.
Daniel Zeichner
Q
Dr Edenborough: The simple point is that clause 1, as drafted, is quite imprecise. For example, if I may refer to the detail, there is the way in which subsection (2)(c) says,
“every feature of its genome could have resulted from…traditional processes…or…natural transformation.”
First, “could have resulted from” is staggeringly imprecise. Is that “likely”? Is that “very possible”? What level of probability is it? Then “traditional processes” is actually defined further in subsection (7), but it is still incredibly wide. However, “natural transformation” is not defined, so that clearly gives scope for further debate.
Even more fundamentally, “modern biotechnology” is, in subsection (3), defined by reference to the Genetically Modified Organisms (Deliberate Release) Regulations 2002. That is wide. However, subsection (8) says that if those GMO regulations are modified, the knock-on effect, with respect to this Bill, is that the regulations may be modified
“to make corresponding changes (with or without variation)”.
Again, that is incredibly wide.
I hesitate to raise it, but there is also, in essence, a Henry VIII clause tucked away in clause 42, which is incredibly widely drafted. Those clauses always give rise to concern because, basically, you can do what you like, when you like, with very little scrutiny. Does that sufficiently address my concerns?
Daniel Zeichner
Q
Dr Edenborough: No, it would not be easy, for the simple reason that, because of the breadth of the way in which things have been defined—in a cascading way—you have uncertainty built on uncertainty. If a particular set of facts were presented to me and I was asked the simple question, “Is this within or without this particular Bill?” the answer would be simply, “Maybe.” It will depend on a raft of expert evidence that addresses each and every one of those points of cascade.
As soon as you get to a crunch point, whereby you need expert evidence to say whether it is within or without one of the particular points, you introduce uncertainty. If you have several of those, you introduce more uncertainty. Therefore, it would be dependent on a mass of expert evidence to determine each and every one of those points.
Daniel Zeichner
Q
Dr Edenborough: At the moment, there are no bars within the intellectual property regime to doing this sort of work. So the hesitation comes not from the IP regime but from commercial factors: in essence, whether or not you are going to make money at the end of it. The Bill, though, could introduce greater uncertainty into the commercial field, which would arise because of the unclear way in which “precision bred” is defined. That could lead to people, in some senses, exploiting that uncertainty. Now, there are a number of ways in which that could happen, but one is that you could have a big entity with a lot of muscle, and therefore a lot of money, which might want to push all the boundaries and cause confusion in the marketplace. That could have a dampening effect on other, smaller people who do not have the financial muscle to challenge the legal parameters.
Daniel Zeichner
That is a very sobering prospect. Thank you; that was helpful.
Deidre Brock
Q
Dr Edenborough: My views will be limited to the legal aspects. The simple consequence is that something may, for example, occur in England that may not be permissible in Scotland. But there is uncertainty with respect to whether, if you grow something in England, you could sell the product in Scotland. That is unclear. I think that is probably as far as I can go legally.
Deidre Brock
Q
Dr Edenborough: I am just trying to make sure that I understand your question.
Deidre Brock
Okay. Obviously, the problem for Scotland is that we would like to stay aligned with EU regulations as far as is possible and practicable. What are the implications for us and for exporting if the 2020 Act forces us away from alignment with EU regulations? I am thinking in particular about the impact on trade.
Dr Edenborough: There might be ramifications with respect to the rights that have been obtained. Actually, this slightly conflicts with an answer I gave earlier, because if one were to obtain a UK patent, that would extend not only through England and Wales but through to Scotland, so there are certain things that the Scottish people may be able to do, but there are other things that they may not because the Patents Act 1977 covers the whole of the four kingdoms.
With respect to the EU, there may be divergence in the way in which products from such precision bred organisms can be addressed. That may be controlled by plant varieties or by patents, but there might be other food regulations that kick in. The point is that certain paths will have to be unified—or are unified and cannot be changed. This Bill does not purport to change plant varieties or to change the patent law, so that is going to stay the same. But the ramifications of things that result from precision breeding may not be uniformly felt throughout the Union, because of other legislation.
Deidre Brock
Q
Dr Edenborough: The Bill does not fundamentally affect patent law or plant breeders’ rights, but the deregulation aspect will allow people potentially to secure patent rights or plant breeders’ rights more readily in things that they would not otherwise have been able to secure rights in.
Let us say, for example, that you secure the rights to use—I hope this is a neutral example—a different type of mushroom. Once you have those rights, you can control various things: whether the mushrooms are grown and whether the products from the mushroom are sold. You might then say, “Well, I’m going to give those rights away free,” but you may have engineered the mushroom in such a way that there are other things for which you can then charge—for example, particular types of pesticide.
This is a mechanism whereby you might be able to get rights more readily. I might say up front that the rights I have obtained more readily because of this Bill I am not going to charge for, but that gives me a foot into the market whereby I can charge a higher price for other things that are related to the protected items. If they were unprotected, you could not form that link, but because of the protection that you have secured through this deregulation, you can form that link and therefore get an economic advantage eventually—down the line.
Katherine Fletcher
Q
Dr Edenborough: The long and the short of it is that a single entity can say different things to different people in different contexts and therefore, in essence, confuse and confound people. You can secure rights in a place by saying one thing and then perhaps avoid liability in another place by saying the opposite.
Katherine Fletcher
Q
Dr Edenborough: No, there might be risk. This is a circular definition, in some senses. You do not need to regulate these matters, because these things can result from a traditional process, or natural transformation. It is because of that that there is a low risk. But that is actually answering the question: you do not actually know whether the thing really could have been—
Katherine Fletcher
Q
Dr Edenborough: Perhaps we are talking at cross-purposes. The things that can occur in nature are not always risk free. So that agrees with what you have just said. But one of the underlying justifications, as far as I can ascertain, for this Bill and for removing onerous regulation, is that, because these things are supposed to be potentially capable of resulting from—“could have resulted from”—a natural process, it is likely that they would not be harmful, and that is a fallacy.
Katherine Fletcher
Q
Dr Edenborough: It is not just a speeding up, in the sense that the way in which it would occur naturally is probably one step at a time. Here you are allowed to take many steps, so what might have been stopped at step 1, you suddenly get to step 5. Therefore, that could be a fundamentally different thing that you are releasing into nature.
Katherine Fletcher
Q
Dr Edenborough: I think it comes back to the point you just mentioned, which is that if you are doing one step at a time, the way in which the Bill will work is that you will probably be allowed to do that, but if many steps are taken, you may not be allowed to do that. The question is on the “may”: who is going to act, in essence, as the gatekeeper on how many steps you are allowed to do at any one go?
Katherine Fletcher
Q
Dr Edenborough: It falls back to the discretionary nature of the way in which the notification process and the control are exercised. If it is discretionary, it could be more or less active. That is the long and the short of it. You are going from a regime that is quite tightly controlled, and therefore every step is controlled, to one where you are allowed to jump through many hoops in one go, because the regulation allows for that in a discretionary sort of way. By having the discretion, you introduce greater uncertainty and therefore greater risk.
Katherine Fletcher
Q
Dr Edenborough: No, you are just closing off the pace at which you could do those things.
Kerry McCarthy
Q
Dr Edenborough: Very minimal safeguards. I think you are talking about the potential release of an edited genome. What happens if it breaks out into the wild and then, for example, goes into the field next door?
Kerry McCarthy
Q
Dr Edenborough: That could be a real mess. To prove it, you would have to have some sort of genetic marker, because you would have to prove causation, but then you would also have to prove damage and it might be difficult to do that.
Kerry McCarthy
Q
Dr Edenborough: Yes.
Kerry McCarthy
Q
Dr Edenborough: It ought to be relatively easy to prove causation, because there ought to be a genetic marker, but damage is nearly always the hurdle in negligence cases. If somebody says, “I’ve lost everything,” the question is how much they have actually lost.
Kerry McCarthy
Q
Dr Edenborough: Well, there would have to be evidence that there has been contamination, and that evidence would have to be predicated on a sample.
Kerry McCarthy
Q
Dr Edenborough: It is all worked on probabilities. You would not test every grain of rice; you would test a few thousand and extrapolate. That is the way that all damages cases work.
Kate Green (Stretford and Urmston) (Lab)
Q
Dr Edenborough: Yes, on both points.
Kate Green
Q
Dr Edenborough: That is a fundamentally different point, in some senses, because if a person is alleging that they have been damaged, it is for the person making the allegation to prove their case.
Kate Green
Q
Dr Edenborough: Yes.
Kate Green
What might the alternatives be for offering protection, rather than going through the tort route?
Dr Edenborough: You could introduce some form of strict liability, whereby there is a presumption, in essence, against the person who is doing the contamination, but that is very rare. There are examples in patent law, but the exception is very narrow. The long and the short of it is that people do not like reversing the burden of proof. It does happen, but it is very rare.
Kate Green
Q
Professor Hartley: One example of this arose in Canada in the early 2000s with GM wheat. I do not know whether this might illustrate the market concern about contamination. Europe had just banned GM foods, and the Canadian wheat market exported largely to Europe. Monsanto had an application with the Canadian regulatory system to develop and test GM wheat, and there was no way in that regulatory process to stop that application, and yet the wheat market in Canada was threatened. In the end, there was a careful behind-doors negotiation and Monsanto withdrew its application. There was the potential for Canadian farmers to take a significant economic hit if the GM wheat was developed there, and there was nothing within that regulatory system to stop it. I think that is maybe part of the concern you are raising here. The market, in that case, did decide, in the sense that Monsanto negotiated with the wheat board in Canada to try to solve the problem.
Kate Green
Thank you. Do you have anything to add, Dr Edenborough?
Dr Edenborough: You mentioned inequality of arms. The long and short of it is that, yes, the larger manufacturers will have much greater power than the small farmers.
Kate Green
Q
Dr Edenborough: The only way in which the small people can be protected is if there is greater regulation by the state, because the smaller people do not have the resources and they need to rely upon a third party, which in this case has to be the state.
Professor Hartley: Can I add a further point? We are talking a lot about farming here, but the Bill is not just about farming. It is also about conservation and environmental management. There is more structure to the farming community than there is to the conservation community, and so there is the potential for this kind of conflict within the conservation sector as well, particularly between the devolved nations.
Daniel Zeichner
Q
Dr Edenborough: Yes.
The Chair
That was certainly under 90 seconds. I think that is a good place to finish. I thank both our witnesses for the time spent with us and their detailed answers.
Examination of Witness
Ed Barker gave evidence.
The Chair
Welcome to the Committee. For the next session, we have until 3.50 pm. Would you please briefly introduce yourself by telling us your name and position?
Ed Barker: I am Ed Barker, head of policy at the Agricultural Industries Confederation. We represent agri-supply businesses in the UK, including animal feed companies, manufacturers, seed suppliers and distributors, fertiliser suppliers, arable marketing companies, grain traders and crop protection distributors. We also run a number of assurance schemes covering those individual commodities and products.
Jo Churchill
Q
We have focused a great deal on food in our two days of conversations with witnesses. Can you expand a little more on what benefits there might be within the feed sector?
Ed Barker: We can certainly see potential benefits in the feed sector. There are a number of challenges across UK livestock sectors at the moment, and feed is a considerable way in which we can address issues such as reducing our reliance on imports, particularly of high-protein products such as soya from South America, and divert that to UK—in this case, England—sources. We also see huge benefits by way of having a greater number of crops available to UK growers. By doing that, we also provide a better feed market, particularly in crops such as oilseed rape, peas and beans, which often either provide direct feed or are made into feed by processing.
We can also see other potential benefits in feed additives and feed products as a way of reducing emissions. It was interesting that the food strategy announced a couple of weeks ago referred to this issue, and innovation technology is certainly a way in which we can look to address that. Looking far ahead, there is some really pioneering work looking at the digestibility of certain grasses that can be fed to monogastric sectors, such as pigs and poultry. There are some very interesting areas where we could really look to change a lot of the challenges that we know the supply chain has with regard to animal feed.
Jo Churchill
Q
Ed Barker: To take those one by one, certainly the opportunities are there, and the uptake opportunities would certainly come in. A question we often get asked is: “How soon can the benefits be realised?” That is very difficult, particularly in combinable crops, which obviously have a much longer cycle of research and turnaround to be able to realise the benefits. From our point of view, however, the Bill’s benefit is that it provides long-term flexibility—five, 15 or 20 years—for growers, farmers and agri-supply businesses around the UK. We know the world is moving on quite quickly. We have heard about Canada and Japan, and even the EU is not static on this issue. There is a huge amount of interest. If nothing else, we are preparing ourselves for the inevitable demands on innovation in the future.
For take-up from a farming point of view, one area that we really want to focus on, particularly in the trade, is what we call the fungibility of goods. If you take cereals, for example, a real benefit to growers at the moment is that there are multiple markets available to them. For feed wheat, there are markets in the animal feed sector. It can also be exported or go to biofuel sectors. Having that flexibility is a real benefit to a lot of growers, and it provides a lot of resilience in businesses.
A short-term challenge that we could see is that if a product were considered to be gene edited, of course, at the moment in the EU that would be considered GM. As a result, we would have to go through quite an extensive approvals process to export that product to the European Union. That is a big part of the fungibility and flexibility of the product, so in the short term, we are only really likely to see benefits if it goes into the UK or England as a market.
However, a potential opportunity would be to have within the Bill a parallel process in place whereby authorisations were made for approval in the European Union when a product is approved for release by the Secretary of State. That would make a big difference, because inevitably, no farmer or grower is going to grow a crop that has a very limited market available to it. The next witness will probably be able to talk about that in a lot more detail. That is a real difficulty, and in the trade, if you are trying to buy and sell these products and you have a very limited outlet market in place, you might actually find that the product has less of a market the more of it you have, and there may be a deficit. To take the example of assurance in the supply chain at the moment, if you have unassured wheat, it usually trades at a discount because the market available to it is less. I do not want that to stop the Bill from progressing, but it is a short-term to medium-term challenge that we have to recognise, given the EU’s importance. In the past year, for example, we have exported about 1 million tonnes of cereal grains to the European Union, including the Republic of Ireland, so that flexibility is important.
Labelling has been mentioned. I think overall, labelling would be extremely difficult for the trade, because you need to label something right the way from start to finish. Let us take milling wheat as an example. You have to be able to define whatever the label is—gene edited or non-gene edited, GM or organic—and demonstrate that across the whole supply chain, and the compliance is quite strong. To do that, you have to segregate, and segregating throughout the supply chain is extremely challenging, very expensive and very difficult to do. The reason why it happens, for example, in the organic sector is that there is a market for it; the organic control bodies ensure that, but there is a market for it to ensure the additional costs of segregation are put in place.
With precision breeding—which, according to the Bill documents, can be bred by conventional means; it is just that it is quicker—the market would not see any great benefit from that. There has to be a pull factor for labelling, which would usually come as a result of added value, a health claim or a fortification, and the FSA and other bodies would already be asking for that evidence. If you are providing a claim on allergens or fortification with vitamins, the burden of compliance and providing that information will probably be much higher than anything that you do on precision breeding or gene editing labelling. The traders in the agri-supply business and throughout the supply chain would see no benefits whatsoever from labelling. In the trade, it would probably kill off a lot of the provisions in the Bill completely, because it just would not be economically viable to do.
Daniel Zeichner
Q
Ed Barker: It would depend on the approval processes set out by the FSA, in this case. Breeders, companies, developers and the market would look at the process to go through for receiving authorisation as laid out in the Bill, whatever it might be for—an environmental benefit, lower inputs at the crop end, or a fortification or a food benefit at the other end—and if they feel that it is too laborious and too challenging, and too much evidence or time is required to do it, it is very unlikely that those technologies will move ahead, so the implementation of this is really important.
We see it, for example, in the UK for certain minor use crops such as linseed, where a number of businesses have had to seek authorisation for individual farm protection products because they are essential for that particular crop. The problem is that it is often unviable to make that authorisation because the crop in the UK is such a small size. That does not necessarily mean it will always be unviable—far from it. It depends entirely on the role of the FSA and the approval processes that are set in place.
It could well be that UK markets are available for precision bred goods, whatever they might be. We have mentioned animal feed, but other food items and even non-food and feed products could have a genuine market uptake. For example, a retailer may well want to seek to remove or lessen the amount of soy in monogastric diets, and may look to work with a plant breeder to develop a crop that has a high protein source. That could be carried right the way through to the retailer’s end products. In those situations, I can see it as viable in the short term, but it depends on the type of products we are looking at and the type of markets we have in the UK.
Daniel Zeichner
Q
Ed Barker: In looking at the Bill, the experience of Canadian authorities has been very intuitive to the process in place, because they take an outcomes-based approach. Another area that we are very interested in is the time taken to reach approval. It would be really positive if we were to have a set time-specific limit on authorisations within that. A big problem that we have at the moment with a number of approvals for plant protection products or GM feed imports from South America is that we have a very indeterminate approval process in terms of time. That has caused a lot of problems in the past eight or nine months, when the market has not known whether or not we should be making purchases of GM goods from South America. That uncertainty over time and time lags is a real challenge for the industry, and I think that would be the case. Some certainty over time or statutory requirements on approvals, even a requirement or expectation of turnaround, would be very helpful. At the moment, that is making a lot of difficulty for the trade on existing GM approvals.
Daniel Zeichner
Q
Ed Barker: It is a concern of ours that we have a difference in approach across the constituent parts of the UK, or certainly within England, Wales and Scotland. That does not necessarily mean that we should stop within the context of this Bill. What we need to know as a trade is exactly what can and cannot happen within, say, Scotland or Wales. There is uncertainty on what a grower can do. I am sure growers or even livestock owners in Wales or Scotland would be interested to know where they stand on purchasing seed, if we presume there is precision bred seed in England.
My understanding of the United Kingdom Internal Market Act 2020, having read through the House of Commons Library interpretation and the accompanying notes in the Bill, suggests that, if a precision bred product is placed on the market in England, it can then be sold in Scotland or Wales—obviously not in Northern Ireland, of course—but if I was a grower, or even a maltster or a miller in the supply chain, in Scotland or Wales, my first question would be, “Where does that stand with regard to regulatory compliance?” There are clearly areas within this Bill and within scope of the 2020 Act that, to my reading, potentially come into conflict.
What seed can you use if you are in Scotland? Can you use precision bred seed bought from England, for example? Can you feed your animals on precision bred animal feed purchased in England? Similarly, we have very integrated pig and poultry sectors for genetics, breeding nucleus herds that move around the UK quite significantly.
For clarity, either way, understanding what obligations or requirements are on businesses and farmers in each of those territories is absolutely key, because any ambiguity would create the risk that the industry and supplied businesses would take a risk-averse approach and not undertake to put in place any of the precision bred products that we may have opportunities to use.
Deidre Brock
Q
Ed Barker: Yes. At this moment in time, if you are an exporter to the EU you make an application for approval of a GM product; these products are mostly feed and predominantly from north and south America. These go to the EU and the UK as applications for approval as GM. This is something that has happened for quite some time. Only very recently have the FSA in England and the FSS in Scotland approved seven or eight GM feed varieties that originated from north and south America, mostly maize and soy, I think. So that is the current situation we have.
Our understanding and reading is that, because the European Union currently considers gene editing to be equivalent to GM, if you were developing a really interesting new high-protein crop, such as rye or oilseed rape, and you wanted to try to export that to Northern Ireland, the Republic of Ireland or the rest of the EU, then it would be considered as GM, for which, as we know, there is a much higher bar for approval in the EU. It is difficult to determine the speed and the turnaround of approval of the application for that product for those markets. That is why it would be welcome, if and when the Bill progresses, for us to have a clearer position about what happens when a precision bred product is approved by the Secretary of State in England, so that the Department for Environment, Food and Rural Affairs and the Department for International Trade very quickly try to establish approval for it in the European Union as a GM product, because that is how the EU defines such products. We would not be able to export there without that approval, so having that followed up as quickly as possible would be very significant for the market.
Deidre Brock
Q
Ed Barker: Is the question how does an EU importer know that what they are importing is complaint with EU legislation with regards to GM approvals?
Deidre Brock
Yes.
Ed Barker: The challenge that we often have, particularly with some GM products but also with gene editing, is that testing is very limited, which is a concern. For example, at the moment the prevention of imports of unauthorised GM varieties from south America to the EU is largely done on a chain of custody basis, because the liabilities involved for importing something that does not fall within the remit of the regulatory compliance within the EU is extremely high. The major importers are large, multinational companies that have an extremely high compliance burden placed on them, with the chain of custody and contracts supporting that.
Inspections take place and each company will have very clear audit trails regarding those supply chains, to keep reinforcing that, and that is what we would expect to happen in this case as well. I suppose you are potentially moving into what would happen if an individual company wanted to export a product knowingly. That would fall under existing regulations regarding fraud and claims based on export notifications.
The Chair
I’m afraid that brings us to the end of the session. Thank you for your time and evidence.
Examination of Witness
Paul Temple gave evidence.
The Chair
Good afternoon, and welcome. We have until 4.10 pm for this session. I would be grateful if you could introduce yourself for the record with your name and position.
Paul Temple: My name is Paul Temple. I am a mixed farmer up in east Yorkshire. I have arable crops and beef suckler cattle, and I manage environmental stewardship ground. We also carry out conservation agricultural practice. I am a seed grower and have worked most of my life dealing with co-existence and integrity issues. I took part many years ago in the Government’s field-scale evaluation trials.
I have been involved with EU farming organisations for many years, and I am currently a director of the Global Farmer Network. I have been fortunate to travel the world and understand what farmers are doing on all levels in virtually every continent. I am probably here because I am a participant in Science for Sustainable Agriculture. Genuinely, in the 40 years of my farming, I have never had a farming circumstance to contend with like we have at the moment.
The Chair
Thank you very much. We will move on to questions, starting with the Minister.
Jo Churchill
Q
Paul Temple: That is quite a lot.
Jo Churchill
It is, but you can answer as much or as little as you like.
Paul Temple: I took part in the field-scale evaluation trials because I was sceptical, but I have always had an interest in science. I participated because it would expose me to field-scale working with these crops. I then realised my naivety about the amount of science and genetics behind breeding. I certainly learned, to my horror, how the quality of the scientists tended to be lumped against those protesting with a subjective view rather than an objective view. I learned then about appreciating the science behind genetics, but I would not have done unless I had participated.
A lot of farmers in the UK will not have been exposed to what I have, so they will not appreciate it. With farmers, you tend to find that if something works and is of benefit, they are pretty quick adopters. They tend to adopt it most when they have seen other farmers adopt it. I adopted conservation agricultural practice because I had seen that it did work. I am hoping that trials will happen as part of this to allow farmers to see it first hand in their own geographic region. Then they will make their own decisions. Usually if something works, they are pretty quick at picking something up.
Across the world, I think my frustration, especially being involved in Europe, is with Spanish farmers. I have seen GM maize grown in Spain, and they grow it because they had a problem. GM solved the problem, and they use a lot less water to produce more crop. It just made pure commercial sense, and that primarily is what drives it. It is usually a matter of making commercial sense. GM delivers benefits in terms of reduced inputs. It usually comes with significant environmental benefit, because you are reducing your pesticides load, and that tends to get mixed up. Again, from a UK perspective, because I have seen what happens in south and north America, I understand the scale of adoption and what it has delivered into the marketplace in meeting China’s demand for maize and soya, which is unusual for most farmers.
On the co-existence element, we obviously had to closely monitor it when we were growing these crops. We did not change any practices, found no problems looking after the crops and found no problems subsequently with volunteers that might be left over. We continued with trials on those, and that was not an issue. Co-existence really is not much of a problem. In any country I have been to, that is not the issue. It is usually the access to it that is a limitation. It has always fascinated me that a lot of the small farmers in Africa and Asia are given access to technology in a way that you cannot appreciate, which delivers benefit to them. Have I missed anything out?
Jo Churchill
No, that was perfect. It was an interesting contrast between the field—literally—and to how this can help on a global basis, rather than from a more academic standpoint. It is an interesting juxtaposition to what we heard earlier. Thank you very much.
Daniel Zeichner
Q
Paul Temple: Obviously, I am not an expert in these particular areas, but I do not think we have anything to hide, so public registers—registers of seed varieties and what we are growing—are really important. What you put in the public domain, to my mind, has to be measured by what benefit or what risk there actually is. I suppose my frustration with the field scale evaluation trials was that, by making everything public, it just highlighted those who wanted to protest, rather than actually look at the science. So I think is it really important that whatever element goes into this Bill is done from a science perspective and a risk-based perspective. I do not have any problem with being open as to what is happening on my farm. I think it is really important, but there just has to be some kind of sensible balance, so that it does not drag things down to where you cannot do anything.
Daniel Zeichner
Q
Paul Temple: Labelling is really important, but what I would pass back to you for a start is that 30 million tonnes of GM material comes into Europe, and there has never been a requirement for labelling through to the feed process, and that is on modification. This is not modified, and I think that is really important; it is not modified. This could be achieved through conventional breeding, and as such I do not think it needs specific labels. Again, to my mind, you do it from a risk-based perspective. If there is not a risk, there is no need to actually label it as such.
Going back to the global aspect, we are in a global marketplace and what we do not want to do is put ourselves out of kilter with the rest of the world and create double standards or unnecessary work. It needs to be measured and there needs to be awareness, but I do not think it should be stoked by those who seek to feed on the fear factor.
Daniel Zeichner
Q
Paul Temple: I very much share the view that if you are out of kilter, as a net importer, you risk causing yourself problems. Again, it is about following the science. I have been to America a number of times and I have sat with the USDA in Washington. Those guys have huge quantities of experience of managing a rapidly moving area of science. To my mind, they are the people with the most experience in this field. You should speak to them and ask them how they manage something that is actually being put out into fields now. You should go to the people with experience of managing it.
Deidre Brock
Q
Paul Temple: I have always been concerned about the approach that Europe has taken. However, there seems to be a more conciliatory approach on the necessity of enabling the technology. We will see, but there does seem to be some element of progress. What I find really interesting is the gene edited wheat that has been put out in Argentina. It is in fields in New Zealand and Australia, and the US pretty much accepts it. That facilitates trade. When countries like Argentina, which are massive net exporters, are willing to adopt this technology and look at its safety, there is a huge amount we can learn from that.
Deidre Brock
Q
Paul Temple: I am worried about us immersing ourselves in introspection and not moving at pace, based on science. I say that because I have been watching crops grow using all sorts of breeding techniques for years, and I have stood watching from the sidelines. I am slightly terrified that, if we do not get on with this, I will remain watching it from the sidelines. I say that because I am probably more aware than most of how vulnerable our production actually is and how necessary it is to have access to the breeding techniques and research in this field. I hoped that one of the things that Brexit might allow is a swifter ability to look at the science behind this and give those involved in research and breeding the ability to get on with it, on a science-based approach. There is always a concern when you get out of kilter with other countries.
Deidre Brock
Q
Paul Temple: Put Brexit to one side. This science is just too important to be immersed in those kinds of things. I am faced with a huge rise in my cost of production. I am looking constantly to reduce pesticides and fertiliser and to give my crops the ability to cope with the extremes of weather. I have a six-course rotation, and at the end of that six-course rotation, yet again I will need something that responds to the requirement to produce more against the rising cost of production. I see this, from a science point of view, as really important. From a UK point of view, we should be able to respond a little quicker because we do not have the decision-marking chains that you have in Brussels. I have seen the process and I know how it slows things down. I simply hope that we are now capable of responding to the science more quickly.
The Chair
If there are no more questions, I thank you for your time and evidence and we will move on to our next witness.
Examination of Witness.
Ross Houston gave evidence.
The Chair
Our next witness is Ross Houston. We have until 4.30 for this session. Can you hear us?
Ross Houston: Yes, loud and clear.
The Chair
Excellent. Would you introduce yourself for the record, please?
Ross Houston: I am Ross Houston, I am currently the director of innovation at Benchmark Genetics, which is an agriculture breeding company supplying genetically improved Atlantic salmon, whiteleg shrimp and Nile tilapia for various global markets. I am fairly recent to the role; in my previous role I spent 18 years as a researcher at the Roslin Institute as part of the University of Edinburgh.
Jo Churchill
Q
Ross Houston: What we are currently doing is running family-based breeding programmes for genetic improvement of several traits in Atlantic salmon, whiteleg shrimp and Nile tilapia. Those traits, of course, include growth, but we are also focused on improving the resistance of the animals to infectious diseases. Some examples in salmon are sea lice and some viral diseases. That is not precision breeding as I understand it but family-based selection using genomic tools. We are undertaking research and development in the use of CRISPR.
I am talking to you from Norway because I was attending a project meeting where there are two large consortia—one Norwegian funded, by the Norwegian seafood agency, and one funded by the BBSRC, primarily geared towards using CRISPR as a tool to achieve substantial and possibly complete genetic resistance to sea lice in Atlantic salmon. The reason we are excited by those projects is that sea lice are currently one of the most pressing environmental, cost and animal welfare concerns for the industry. In particular, I would say that some of the treatment measures that we are using and, indeed, are obliged to use, have several downsides that I think we could potentially avoid if we were to develop resistant salmon that did not require those treatments. In so doing, we are not only improving the animal welfare but reducing the impact on the environment and improving the economics of the industry.
Jo Churchill
Q
Ross Houston: The Bill is a welcome initiative. It has been really useful to have this debate and discussion, because we see that CRISPR or similar technologies can help us achieve traits that are of benefit to animal welfare and the environment faster than we could do with conventional breeding alone—substantially faster in some cases. That is why we are investing in it. That is why the research councils, Government and industry in general are investing in this technology.
This technology is developing fast, I agree. It is exciting to scientists involved in it. We are narrowly focused on using CRISPR to introduce changes that could potentially have occurred naturally, so I think that is a welcome part of the Bill, that we are mentioning that those changes could occur naturally, via natural mutation. We are adding to the genetic variation that we have in our toolbox to select for. The way I see it is that CRISPR would ideally be a tool in the toolbox alongside the technologies that we use currently to develop improved strains of salmon and other species for production.
I think that a register of precision breeding would be a reasonable measure. I would be worried about going too far in trying to identify whether any particular product contained any particular edit, for example. That might be disproportionately difficult and complex, and to my mind without any real scientific basis. I do see that, if you were changing the genetic makeup of a plant or animal to have some potentially different human health benefit, such as removing allergens or something like that, there might be a rationale for labelling that particular edit. In this case, however, I think that the register is reasonable, but that the practicalities of tracing through particular edits would make that very unattractive to implement in practice, because of the logistical impracticality of doing so.
Daniel Zeichner
Q
Ross Houston: Obviously, there are measures to try to stop escapees, but they happen from salmon farms. I think that CRISPR precision breeding technologies are a very promising route, and indeed the subject of much R&D, to ensure that the production animals are sterilised so there would not be any genetic introgression with wild strains. The way we are thinking about it, at least, is that we would be looking to farm sterile Atlantic salmon in the future. That is a desirable thing to do anyway, but in particular if we were to introduce gene editing in the future.
The other part to it would be, I suppose, the impact of issues such as sea lice, which I mentioned before, which could also impact on wild salmon. But, there again, that is within our toolbox, and the R&D is heading in this direction. That is what we would want to use the technology for: to try to tackle these problems in a sustainable, environmentally friendly and animal welfare-friendly way. So I see that these technologies have significant promise for reducing any potential impacts on wild Atlantic salmon.
Daniel Zeichner
Q
Ross Houston: Could you repeat the question, please?
Daniel Zeichner
Basically, I can absolutely see the benefits, but I can also see risks, and it is the risk side that I am worried about. What I am asking you is whether you can see anything in the Bill—I cannot—that provides a structure for monitoring and mitigating those risks.
Ross Houston: I see the risks as very small, but I do not think that I am in aposition to comment on the detail.
Daniel Zeichner
Q
Ross Houston: Yes, but my practical point would be—this is the way we think about it—that we are aiming to ensure that there would be sterility of the farmed strains, and at least awareness of that potential risk of genetic introgression with wild strains, and essentially to eliminate that.
Deidre Brock
Q
Ross Houston: As I said, it is welcome that we are having this discussion, but of course most of the aquaculture in the UK is salmon farming, and most salmon farming occurs in Scotland. So from our point of view it is disappointing that we are not having similar science-based and open debates about the risks and benefits of these approaches in Scotland. The Scottish Government are also, via the Sustainable Aquaculture Innovation Centre, funding research that is looking to use CRISPR precision breeding technologies to tackle some of the sustainability concerns of the industry, such as resistance to sea lice and viral disease. Therefore, I think it would be welcome if we could have a similar discussion in Scotland.
Deidre Brock
Q
Ross Houston: There is maybe a double-edged sword there. The trade is not only with the EU, it is also with other countries. We are an international company; we have operations in Iceland and Chile, and we are selling our genetically improved salmon eggs to a very large number of countries. My concern would be that if we do not start having that discussion with some urgency, including in Scotland, then, bearing in mind that Scotland and the UK are at the forefront of R&D in this field, we might fall behind in the innovation landscape. The benefits of that R&D and innovation might impact on elsewhere in the world, while we are taking that cautious approach.
Kerry McCarthy
Q
Ross Houston: Good question. I was using CRISPR and gene editing as synonymous—it is a gene edited product in Japan with the red sea bream. Those early examples are interesting, because they are markers that show that the regulatory environment is changing in countries such as Japan and some of the Americas. From our point of view, what we are doing here is running very advanced scientifically based breeding programmes. We are keeping 300 families of Atlantic salmon. With them we are pedigree recording, recording the genotype in each year, and recording lots of measurements relating to growth, disease resistance and fillet quality. We are doing that routinely, all the time. We are monitoring the important traits of our fish.
The R&D we are involved in is targeting gene editing to tackle issues such as resistance to sea lice in the salmon, resistance to a viral disease called infectious salmon anemia, resistance to a viral disease called infectious pancreatic necrosis—those are the targets of our research and development. In the foreseeable future—I could also go further than that—I do not see that we would be doing something similar to what you suggest in our breeding programme. We are able to improve growth and fillet characteristics through the process of routine measurement, family selection and scientifically based breeding programmes. It is quite straightforward to do it that way, and therefore it just would not be a sensible target for the technology in our case. We also see the public acceptance and customer preferences. The use of precision breeding technology to develop traits that have concurrent animal welfare, environment and economic benefits has to be what we are moving towards.
This sort of edit, where you are knocking out a myostatin gene and allowing for faster fillet growth, just is not on our radar. On the specific point about changing fillet characteristics, if you were perhaps trying to use gene editing to modify, for example, the fatty acid profile of the fish, with potential health effects for humans—hopefully it would target positive health effects—there might be an argument for it there. But I do not see the need with the sort of traits we are focused on and targeting; I do not see that the product would be any different, other than having the favourable trait of disease resistance, for example.
Katherine Fletcher
Q
Ross Houston: I see what you mean. Of course CRISPR, the technique we are focusing on, is making a double-stranded cut to the genome and allowing the cells’ natural repair mechanisms to repair the cut and either introduce a small deletion or a small change, or possibly insert a synthetic template of DNA, which would essentially be changing the sequence in a slightly more precise way. There are a couple of parts to that.
In terms of the potential for the CRISPR molecule to make cuts elsewhere in the genome—called off-target effects—we would have to be doing some fairly rigorous DNA sequencing of our animals to ensure that we are not detecting any of those off-target effects. My opinion is that we are now getting very good data from research experiments showing that off-target effects are very rare, and as we learn more about the genomes of our species we are able to design the guide RNAs to take to a specific part of the region that is unique and precise. I see that as a very small risk, but also one that it is important to address.
Jo Churchill
Q
Ross Houston: Yes. I moved job recently; I was working for a number of years at the Roslin Institute doing academic research together with industry. The Scottish Government centre, the Sustainable Aquaculture Innovation Centre, is funding projects using precision breeding technologies as a research tool with the goal of—
Jo Churchill
Q
The Chair
A very quick response.
Ross Houston: Yes, of course. As I mentioned earlier, the Scottish and UK science base is really at the forefront of some of these technologies, moving through from genetics, traditional breeding, family-based selection, genomics and now gene editing. That is a real plus point for attracting researchers. If we were to stop unnecessarily, both in research and potential applications, then it is a fair assumption that we would lose talent to elsewhere, and I think we would also lose business to elsewhere.
The Chair
Thank you. We will have to finish there, as we are out of time. May I thank you very much for your time and answers? We will now move on to the last panel, if they can join us at the table.
Examination of Witnesses
Professor Wendy Harwood, Professor Cathie Martin MBE FRS, Nigel Moore and Professor Mario Caccamo gave evidence.
The Chair
Q
Professor Harwood: Hello. I am Wendy Harwood. I am responsible for the group that focuses on crop transformation and genome editing at the John Innes Centre on the Norwich Research Park. I am also a member of the Food Standards Agency’s advisory committee on novel foods and processes.
Professor Martin: I am Professor Cathie Martin and I am also at the John Innes Centre in Norwich. I am also a professor at the University of East Anglia. I am a group leader responsible for focusing on the nutritional improvement of foods that we eat, and I have experience in trying to do that with GMOs and getting them through regulatory approval in the US. More recently, I have been involved in doing genome editing to improve vitamin content in tomatoes—my favourite fruit.
I should also say that the John Innes Centre is a member of the European Technology Platform “Plants for the Future”. Paradoxically, I am chair of the working group on new breeding technologies, which is a collective of academics, industry, breeders and farmers in Europe looking to lobby for changing the regulations in Europe.
Nigel Moore: My name is Nigel Moore and I am the head of business development and strategy for KWS Cereals. KWS is a German-headquartered mid-sized company and we have a significant breeding activity here in the UK.
I have worked in plant breeding and seeds for more than 30 years now. I am a past chairman of the British Society of Plant Breeders and a past president of Euroseeds, the European seed association, where I am also discussing this topic regularly with Commission representatives.
Professor Caccamo: Good afternoon. I am Mario Caccamo and I am the chief executive officer of the National Institute of Agricultural Botany, or NIAB, which is a research and technology organisation based in Cambridge. We have more than 13 sites across the UK. We are an independent organisation, and we deliver field trials on those sites. We also have expertise within NIAB in genome editing and GMOs. Also, we work with breeders and we do breeding ourselves.
The Chair
Thank you. We will finish this session at 5.10 pm. I will move straight to questions, but I ask our witnesses not to say if they agree with somebody; that just takes time. If there is a different point of view, we are interested in that.
Jo Churchill
Q
Professor Caccamo: I think there are two components to the question. First, the benefit is clearly in incentivising investment in human capital. There is a lot of expertise in the UK—we are global leaders. Investment has come from the public sector. Taxpayer money has been put in place to develop skills, and seeing those skills put into practice would be fantastic. I see that as the biggest benefit. I will leave that there because my colleagues here will probably bring in other points.
On concerns and improving the Bill, I think the Bill is very balanced in terms of the definitions. There is a space left open for how much downstream regulation might be required, which I think is probably unnecessary and not proportional to what we might want to achieve with the Bill. The principle behind the Bill is that we would like to consider genome edited crops in the same way as any other crop that has been bred using traditional technologies. With that in mind, we should look into anything that comes downstream in terms of how we use outputs from these technologies in a proportional way. There is probably space there to be less specific and include so much detail, which could potentially be a deterrent for industry if it seen as adding unnecessary steps downstream. That is my main concern.
Jo Churchill
Q
Nigel Moore: Transparency is really important. As plant breeders, we do not have anything to hide. One thing that is often overlooked is that within the current regulatory regime around plant rights and seeds, there is already inherently a lot of transparency and traceability in terms of registering new varieties on national catalogues in the public domain, which will have had an identity check and at least two years of performance checking through DUS and VCU, which test for distinctiveness, uniformity and stability, and value for cultivation. The seeds of those varieties are then sold as certified seed with clear labels, with the variety name, batches, qualities, plant health status and operator identity all held within the seed certification regulation. We believe that allows a lot of traceability, so the transparency that is envisaged in the Bill of adding breeding method and genome edited varieties to the national register enables the market to segregate as it wishes.
Varieties will be suitable for markets or not. They can very easily select which varieties to enable within a standard, such as an organic standard. The one with the organic standard can say, “No, I don’t want to use variety A, B or C because it is genome edited”, and that is on the public register as envisaged in part 2 of the Bill.
Jo Churchill
Q
Professor Martin: Really, getting something that might translate into a product. I am a fundamental research scientist. I want to do things that have social utility, and I believe very strongly in improving the number of plants in our diet because that benefits health. I started off trying to do this by genetic modification and we made purple tomatoes with their GMOs. Fourteen years later, I am about to get them approved for commercialisation in the USA. It has taken me 14 years to get to that point. For the pro-vitamin D tomatoes, because they qualify as having no foreign DNA in them, that means I can even start within 20 days of notifying DEFRA under the new legislation. I can have a field trial of them. I could not possibly have a field trial of the purple tomatoes, so for me, it is the realisation that this could actually be something we could give to people that would be better for them. It might actually happen.
Jo Churchill
Q
Professor Harwood: I will just say that I am here in a personal capacity, not as a representative of the committee. Obviously, food safety is extremely important, and a lot of the things that the technology can do—we have heard many examples—are almost identical to things that could have been done using other methods, for example, through mutation breeding.
However, there are some things that the technology could do, and Cathie’s tomato is one example, and there are others, of where a change would be made. It would still be just a tiny change in the DNA—something that could have happened naturally, but has not happened naturally so far—but it is making a change that might cause concern for certain people in the population.
Another example might be something like a low-gluten wheat. You can imagine that this would be something that would need a bit of extra scrutiny. There might be a food safety issue there, so it would need to be looked at. It is very much looking at things on a case-by-case basis. You would need to pick out those things that would need that extra level of scrutiny and risk assessment from those that probably need very light-touch regulation.
Daniel Zeichner
Q
First, you will all recall the public confidence issues from 20 or 30 years ago, and that is one of the challenges now. I would like to hear whether you think the Bill has enough in it to reassure the public around some of those issues. Secondly, and in some ways related to that, most of you are plant focused, but this Bill obviously introduces animals, which is a very different set of issues and is, in some ways, perhaps more challenging. Do you think they should have been separated out? Thirdly, what do you think the public register will be used for and what benefit does it bring?
Finally, specifically for Cathie and Wendy, I had a constituent contact me, who has an issue around vitamin D being added to tomatoes. How will that constituent know whether these tomatoes have been modified in that way in future? It touches on Professor Harwood’s final point, and goes back to my initial point, on the question of labelling and reassurance. Where should that balance be struck?
Professor Harwood: Shall I take the last question first? We have talked a lot about labelling. If there was something like a high vitamin D tomato, there would be a nutritional difference, which I imagine would be picked up on labelling. That would make sense.
Professor Martin: You would probably want to advertise it.
Professor Harwood: You probably would, yes. Where there is something that might be appropriate for certain members of public and not others, clearly you would want some sort of labelling.
Daniel Zeichner
Q
Professor Harwood: It is not, but I think that would probably fall under part 3, which looks at food safety. I imagine that it would be—not being an expert—covered there.
Professor Martin: I want to expand a little bit on what Wendy said. What the Bill does is allow you to move forward with presenting examples. I have a real problem with trying to do a risk assessment on a technology and I know that lots of other people have said it should be on the trait, not the technology. It is a bit like 3D printing. Do we stop doing 3D printing or allowing people to do it because somebody could make a gun out of it? Or do we say, “We can make joints”? Okay, you can make joints by traditional methods, but you can do it much faster and better by 3D printing. Why do we not allow the technology and regulate the trait?
I absolutely agree about the pro-vitamin D enriched tomato that has never been considered before. There we have the regulatory system already in place from the FSA to consider it as a novel food. For environmental concerns, you take the specific edit that has happened and ACRE will assess. That is also why we want to do field trials. No person that is trying to produce improved varieties wants to produce something that is defective—it is just not in our DNA.
Daniel Zeichner
Not in yours, but possibly in others who are less public spirited.
Nigel Moore: I think the critical answer to the question is that public confidence and reassurance is at the heart of the Bill, in the definition of a precision bred organism as something that could occur in nature or by traditional breeding. There are many genome editing methods that can create additional changes. Absolutely the key step to generating public confidence and reassurance is the recognition that the techniques that can create those sorts of changes do not create additional risk. The ACRE guidance on qualifying higher plants that accompanies the Genetically Modified Organisms (Deliberate Release) (Amendment) (England) Regulations 2002 gave an extremely good evidence-based approach to which types of techniques create changes that could occur in nature.
The question is about an imprecise definition. We need the additional information to say, “These are the techniques that we confirm as PBOs—they are fine.” Public reassurance is at the heart of this and we must make sure that we only put into this regulatory regime things that have the same risk profile as traditional breeding. What is clear from listening to the discussion today is how little information is known about what sorts of genetic changes happen in conventional breeding, or about the scale of those genetic changes.
I brought with me the AHDB recommended list. I will not go into it, but if we were to look at it, we would see that there are 38 varieties of wheat on the recommended list for the UK. They have many different characteristics, including resistances, yields, qualities for processing and vastly different protein contents—there is a range of about 30% of different protein contents. You can see null-lox barleys that have a different framing characteristic in beer making. You can see non-GN barleys that do not create carcinogens in whisky distilling. There are many food-safety single issues all in this vast range of genetic resources that have been created by traditional breeding. There is a wide range.
People should have confidence that all the food and all the breeding has delivered not risk, but improvement, safety and better environmental outcomes compared with old varieties. There is a big misunderstanding about the position of precision breeding. The public confidence question is about information, education and transparency. For me, that is at the heart of what we are doing here.
Public confidence should also be triggered by a recent study on the socioeconomic impact of plant breeding, run by HFFA Research, and which studied all of Europe. It showed that over the last 20 years in the UK alone, breeding development has saved 1.8 million hectares from agriculture and delivered about 16 million tonnes fewer CO2 emissions than the same production at the same level 20 years ago. That is with no more fertiliser, no more crop protection and no more land use, so there is a huge benefit to the public. Can we keep pace with climate change, and with pathogen development on stripe rusts in wheat and so on, without going faster? We must go faster. Without new technology and innovation, I do not feel very safe. The world gets warmer, we get hungrier and we need innovation—and we need to do it fast.
Professor Caccamo: I will be very brief. Labelling the technology would be a mistake. It would undermine the principle of the Bill, because these technologies should be indistinguishable from traditional breeding or something that would happen in nature. But it is also important to stress that these technologies are actually more precise, as the Bill says. Therefore, we are in a position whereby we can advance genetic benefits much faster. Trying to identify the technology through a labelling system would probably achieve the opposite with the public, because it would probably raise concerns about why we need to do that. I will leave it there.
Deidre Brock
Q
Nigel Moore: I think we have developed it here, but the concept of things that could occur in nature or traditional breeding is exactly the same concept that is being discussed with the Commission. Health Canada has also come up with a similar concept. Does it have the same three-letter acronym? No, but that concept is the common concept.
Professor Caccamo: I believe we are dealing with an anomaly, because what we are doing here is removing genome edited crops from the definition of genetically modified organisms. Countries that have adopted the technology have done a proactive measurement from scratch, whereby they considered genome editing to be a new technology that could bring new crops. The European ruling brought us into a position whereby we need to make an exception. That is the result we see in the Bill, which I consider, as I said, an anomaly.
Deidre Brock
Q
Professor Harwood: I can have a go with that one. To be honest, this is obviously an area that is still being discussed. I fully support the notification system and the transparency, which is absolutely the right thing to do. Exactly what will be required in the notification is still being discussed, and it is very important that it captures the crucial information that would be needed to highlight whether there was anything that might just mean that that particular example needed an extra risk assessment rather than a light touch. It is something that I think is being discussed, and perhaps it just needs a little bit of extra detail.
Deidre Brock
Q
Professor Harwood: To be honest, I am not an expert on that. I would not like to comment on whether that sort of detail belongs in the Bill.
Deidre Brock
Q
Professor Martin: I have a little bit of experience of the notification for being able to do a field trial. The notification was very easy. I talked to my Italian collaborators and asked, “Can you get regulatory approval for growing plants outside in Italy?” and they said, “It will take two years.” It took me two days to notify DEFRA and I had to wait 20 days for that to be approved. However, it was thorough. They asked me about the type of information I had presented in a scientific paper and had peer-reviewed. It was based on strong scientific evidence. I felt that it was absolutely fair and just. It was fantastic that it was so quick, but it was absolutely right that they asked, “Have you shown that there is no foreign DNA?”, for example. That is the definition of the qualified—
Deidre Brock
Q
Professor Martin: You have to wait 20 days before you can start growing the plants outside after you have had your notification approved.
Kate Green
Q
Professor Martin: It gives them a bit of time to look at your form.
Kate Green
Q
Professor Martin: Let me just get this right. If you want to do a field trial, you have to say what day that would be. You have to notify them at least 20 days before you do that.
The Chair
If there are no other questions, I thank our witnesses for appearing and giving us such full answers. The Committee will meet again on Tuesday 5 July in Committee Room 11 to begin line-by-line scrutiny.
Ordered, That further consideration be now adjourned. —(Gareth Johnson.)
Levelling-up and Regeneration Bill (Eighth sitting)
(2 years, 5 months ago)
Public Bill CommitteesRead Full debate Read Hansard Text
The Committee divided: - Ayes: 6 / Noes: 9 - Question accordingly negatived.
The Chair
Before we begin, let me give the usual preliminary reminders. No food or drink is permitted in sittings, except for water, which is provided. Hansard colleagues would be grateful if Members emailed their speaking notes to them at the appropriate address.
Clause 11 ordered to stand part of the Bill.
Clause 12
Review of CCA’s constitutional arrangements
Alex Norris (Nottingham North) (Lab/Co-op)
I beg to move amendment 21, in clause 12, page 11, line 28, at end insert—
“(8) If an appropriate person carries out a review under subsection (2), they must make the report of its findings publicly available.”
This amendment would ensure that the findings of any review of a CCA is made available publicly.
It is a pleasure to reconvene with you in the Chair, Mr Paisley. Clause 12 allows a combined county authority to review its constitutional arrangements. That is a wise provision because, of course, there will be moments when CCAs will want to be sure of whether form fits function. There must clearly be local scope for review and understanding, with as much transparency as possible. It is with that in mind that I move this amendment.
Transparency is important, because it strengthens our democracy by opening up the decision-making process to the whole population. As we build new political institutions, such as the proposed CCAs, it is vital that we put transparency in them at the beginning. As we discussed previously, transparent and open government makes better policy, delivers better outcomes and is generally a good thing for our democracy.
This amendment proposes that if any review is conducted to investigate changing the constitutional arrangements of a CCA, it must be published publicly. That would improve the function of the Government’s proposed CCA. It will be part of the honest conversation about the work the body is doing and the work we want it to do, and it will ensure that it serves not its own members or vested interests but the whole population. That is really important. These debates are too important to take place behind closed doors.
That does not need to be a negative process. It can be an open process that gives the population, as well as all the constituent members that we have discussed under previous clauses, the chance to engage. Amendment 21 is a fair and reasonable requirement to be added to the review mechanism, and I hope the Minister is minded to agree.
The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Neil O'Brien)
As we discussed during our consideration of previous clauses, the key constitutional arrangements—membership, voting and decision making—will be set out in the secondary legislation establishing the CCA. That legislation, which requires consent from both the relevant local authorities and Parliament, would also enable a combined county authority to set a local constitution specifying how detailed decisions are taken on aspects of how the CCA is to operate. It could cover, for example, meeting procedures, committees, sub-committees and joint committees of the CCA.
Clause 12 enables a CCA to review and amend its own local constitution in certain circumstances, and I hope it provides some of the flexibility that the Opposition have been arguing for. A review of the local constitution can be undertaken if proposed by constituent member or the mayor, if there is one, and if the proposal is supported by a simple majority of the constituent members. The local constitution can be amended if the amendments are supported by a simple majority of constituent members including the mayor, if there is one.
At each of these stages, the CCA’s decision must be made at a meeting of the CCA. CCA meetings, like those of all local authorities, are conducted with full transparency. That means that interested parties, including the public, can attend CCA meetings, and papers must be made available in advance. The CCA will also need to publish its constitution. Amendment 21 is therefore unnecessary. There is no need for a separate report of findings, which would place a disproportionate and unnecessary bureaucratic burden on the combined county authority, and distract it from the implementing the changes that it needs. I hope that, with those explanations, the hon. Gentleman is content to withdraw his amendment.
Alex Norris
I am grateful for the Minister’s answer. In general, I think his response does suffice, but I would like to push back on two points. As he says, these will be public meetings and there ought to be full transparency. However, we know that is not universally the way things operate. At local authority level, for instance, I would expect rules to operate exempting certain parts of meetings for reasons of commercial confidentiality. We know that there are points of friction for local authorities up and down the country. There can be the sense that things are being hidden behind the exempt part of the meeting. I would not say it is inevitable and unavoidable that we will get full transparency, but I have heard the spirit of what the Minister said. I am not sure it would have been an administrative burden, not least because the thing will have been done anyway and will exist already. Someone would just have to upload it to the website. That would satisfy the requirement of the amendment as I wrote it. Nevertheless, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 12 ordered to stand part of the Bill.
Clause 13
Overview and scrutiny committees
Alex Norris
I beg to move amendment 47, in clause 13, page 11, line 31, at end insert—
“(1A) The CCA must prepare a CCA-wide Equality Impact Assessment and must be produced to inform the work of any such committee.”
This amendment would oblige the CCA to produce an Equality impact Assessment to inform scrutiny work.
Clause 13 and schedule 1 are very important provisions. They provide for the involvement of overview and scrutiny for the activities of the county combined authorities being established. This is very important. These are new bodies established to make significant regional and sub-regional decisions. It is right that they are held accountable for their actions and that the healthy process of scrutiny and analysis takes place in live time so they can make the best possible decisions. I am glad to see in the Bill a clear push from the Government for overview and scrutiny committees to be part of the process, as I think they will do a valuable job. We want to make sure that this is done from the most secure base possible with regard to information.
Amendment 47 mandates that CCAs provide an equality impact assessment to inform the work of overview and scrutiny committees. Levelling up is fundamentally an exercise in tackling inequalities. That is the whole point of the Bill. It is implied in the name. It is about regional and local inequalities—often expressed as spatial inequalities—but it is about much more than that. In these debates we have heard that there are elements of levelling up that apply pretty much to the entire country in some way; they just manifest differently in different places. There is no doubt that we are a country of significant inequalities, and we really ought to be addressing those. We need to be skilling up and equipping our overview and scrutiny committees with the right information to make sure they can address those inequalities.
From 2017 to 2020, the north-east had the lowest median household income at £480 before housing costs, while London had the highest at £615. That is the sort of inequality we are talking about. Inequalities manifest in different ways. For households from a Pakistani ethnic group, median income before housing costs was £350, while households from an Indian ethnic group had the highest median income at £558—again, a significant disparity. Families with a disabled member had a median income of £467 before housing costs, compared to £577 for households where nobody was disabled.
Moving to gender, women are less likely to be in full-time employment, with a rate of 45% compared to 61% of men. Some 41% of women provide care for children, grandchildren, older people or people with a disability compared to 25% of men. Less than a third of Members of Parliament are women and some 35% of board members for publicly listed companies are women. Women make up 6% of chief executive officers of FTSE 100 companies and 35% of civil service permanent secretaries, and none of these women are from a black, Asian or minority ethnic background. Only 35% of our councillors are women. At the current rate, we will not achieve gender equality in local councils until 2077.
One disparity that touches every community is that disabled people are almost twice as likely to be unemployed as non-disabled people, and three times as likely to be economically inactive, with an employment rate of just 53%.
Taken in aggregate, those statistics reflect where Britain is today and where we have been over the last few years. They might make us think about where we go in the future and what we seek to address. There is a strand of thought that says, “Well, some of these inequalities are no one’s fault, or at least it is not the role of the Government to tackle them. If the Government does do that, they should be very careful because it is likely they will make things worse.”
Rachael Maskell (York Central) (Lab/Co-op)
Although it is essential to have an equality impact assessment to establish a baseline, it is also vital that all the work of the CCA puts everything through the prism of an equalities impact assessment too. If this amendment is not adopted, will it be appropriate to talk about having some form of equalities scrutiny within the body in order to ensure that all policy and decision making meets those equality objectives that we on the Opposition Benches share?
Alex Norris
Yes, absolutely. I remember one of the changes we made when I worked in local government. Remember, that was just one public body—one council—with many departments, just as national Government has many Departments, but in combined authorities we are talking about many organisations coming together to collaborate. We did not truly understand the cumulative impact budget decisions were having on individuals, particularly individuals with protected characteristics. It was likened by the individual who asked for the change as a sort of chopping away at a stool, with the legs all being chopped off on different sides by different departments. We did not understand that that was happening and that the cumulative impact was very significant for those individuals.
We need to find a way, whether through this amendment or through the thoughtful suggestion made by my hon. Friend the Member for York Central, to add this into the work of the combined county authorities so that they understand the collective impact their decisions will have. The levelling-up agenda gives me hope that the argument that it is not for Government to resolve these matters and that even if they did they probably would not do a good job no longer stands. Clearly, we no longer think that is true, which is a welcome change of tune. It shows that inequalities are not inevitable or unalterable, and that it is the role of the state to take the field and seek to do something about it.
These sorts of inequalities manifest all over the place. Even in the wealthiest communities, which we may be least likely to think are deserving of levelling-up funding, statistics regarding disability employment are still very challenging—I do not think there is any part of the country where they are not very challenging—but such communities are well placed to motor ahead on levelling up and perhaps do much better.
I hope that is the core on which these county combined authorities are operating. Happily, the Government are introducing overview and scrutiny arrangements in schedule 1. Now we must ensure they have the right information to work with. This amendment is one mechanism to do that. In the Minister’s response I hope to hear that if the amendment is not adopted, there are other ideas and other ways in which the Government think that can be done.
Tim Farron
I will not speak for long, Mr Paisley, but I want to reemphasise some things we have talked about today and build on the wise comments made by the hon. Member for Nottingham North.
Equality is hugely important and not to be taken for granted. The issue is that a movement towards a form of local government that is by definition more removed from the public than a district council, for example, will undoubtedly affect those with protected characteristics. We must prevent the tendency we discussed earlier to have people on the board and the committees—running the CCAs, in this case—who are much more likely to be older, male and white. That tendency will naturally occur because, while devolution is happening in one sense, it is also a centralisation locally, away from district councils. That will inevitably happen unless we work hard to prevent it. That is why these equality impact assessments are very important—not just in terms of the representative nature of the people who are on the CCA, but on the kind of policies that they pursue.
I am bound also to remind Members of the Rural Services Network’s report, published this week, which pointed out that if rural England was a separate region, it would be poorer than all the other regions. It would be the poorest region and the region most in need of levelling up. Pretty much every CCA in the country will have a rural element to it, but the chances are that it will not be the central part or the part where most of the members come from.
I want us to think very carefully about the impact of our decisions, particularly on rural communities. I spent part of the break between this morning’s sitting and this one on the phone to a local GP surgery in Cumbria that has lost something like £70,000 of its income in recent years. It has a patient roll of 5,000 to 6,000 people, but it sees on average 2,000 to 2,500 patients every year who are not registered with the surgery—they are visitors coming to the Lake district. The surgery gets not a penny for that.
Earlier, the hon. Member for York Central rightly mentioned the interaction between the integrated care systems, which will come into force this week, and the new CCAs. It is vital that we consider the differences in access to services between rural areas and urban areas, and consider disadvantage as being different. There are much higher levels of unemployment in the Barrow part of the Westmorland and Furness Council area, for example, and much lower unemployment in the part of the area that I represent; however, the gap between average incomes and average house prices is bigger than anywhere outside the south-east of England. The consequence in terms of poverty is therefore much greater, and the need for us to pay attention to those differential metrics—and, more importantly, the impact on individuals’ lives—is that much greater.
That is why it is important that equality is built into this legislation. Accountability would come out of the fact that impact assessments would be provided on a regular basis and there would be scrutiny as a consequence. It would force members who are either from demographic profiles that are not a minority or under-represented or from non-rural parts of the geographical community represented by a CCA to be held to account on behalf of those people and those communities who are.
Neil O'Brien
The public sector equality duty under the Equality Act 2010 ensures that public bodies play their part in making society fairer by tackling discrimination and providing equality of opportunity for all. As public bodies, CCAs must integrate equality considerations into decision-making processes from the outset, including in the development, implementation and review of policies. However, the equality duty does not require public bodies to follow a prescribed process and leaves it to their local discretion as to when it is appropriate to carry out an equality impact assessment to ensure compliance with the duty that binds them. The amendment would place an additional unnecessary duty on combined county authorities that does not apply to other public authorities, including existing combined authorities, which relates to the point made by Opposition Members about ensuring there is equal treatment and similar legal bases between MCAs and CCAs.
It is the Government’s intention that CCAs will be expressly subject to the public sector equality duty, which we will do by consequential amendments to the Equality Act, meaning that CCAs have to integrate equality considerations into their decision-making processes as soon as they are established. There is therefore no need to place a further burden on CCAs by requiring them to produce a separate equalities impact assessment. In fact, equalities considerations will already be at the very heart of what they do. With those assurances, I hope that the hon. Member for Nottingham North will withdraw his amendment.
Alex Norris
I am grateful to the hon. Member for Westmorland and Lonsdale, who speaks for the Liberal Democrats, for his contribution. His points about rural poverty are well made and are grist for the mill because, as he said, in all CCAs there will be levelling-up features. Everyone will seek to take such measures. Rather than an individualised, exceptionalised programme, we are talking about a collective advance of CCAs. Slowly but surely we are making a fine socialist of the Minister, speaking for collectivism rather than individual exceptionalism. Any day now, I am sure that he will wear that badge with pride.
I was a little disappointed in the Minister’s reply. Yes, the public sector equality duty exists, but if the Government’s answer is to rely on that, we should remember that it has not removed all the inequalities that I spoke about. At some point, we must do something differently in this country, and I would have thought that this legislation was a really good place to start. I put it to the Minister that doing things the same way will only produce the same answers in the future, and I fear that that is what will happen unless we insert a firm commitment to tackle inequalities in all their forms into the DNA of the proposed new bodies. I am disappointed.
I was not happy with the answer about the divergence from combined authorities. If the Minister had such a problem with combined county authorities differing from combined authorities, he would not have introduced combined county authorities; he would have just relied on combined authorities. There then would have been no divergence between the two. The Minister has chosen to make that change, because it is more convenient for the Government so that they can work with the communities with which they have struggled to work over the past few years. In doing that, they have opened themselves to the divergence issue. That is not my problem, nor my fault, but that is of the Government’s choosing and it is baked into the Bill; otherwise, we would not need the legislation.
I will not press the amendments to a vote, because the suggestion from my hon. Friend the Member for York Central is better than my amendment. I am happy to withdraw it on the basis that it could be better, and perhaps we might seek elsewhere to improve it. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 13 ordered to stand part of the Bill.
Schedule 1
Combined county authorities: overview and scrutiny committees and audit committee
Alex Norris
I beg to move amendment 22, in schedule 1, page 198, line 18, at end insert—
“(2A) The arrangements must ensure that the Chairs of the overview and scrutiny committees of the District Councils contained within the CCA’s boundaries are members of the CCA’s overview and scrutiny committee.”
This amendment would require that the Chairs of overview and scrutiny committees of the District Councils within the CCA are represented on the CCA’s overview and scrutiny committee.
Schedule 1, which is introduced by clause 13, relates to the overview and scrutiny functions of the CCAs, which are important. The amendment gives us the opportunity to add districts so that they are seen as a key part of the process that have an important say. If the Minister is not minded to accept the amendment, I hope that he acknowledges the key role of districts.
According to the District Councils Network, its members deliver 86 out of 137 essential local government services to 22 million people—40% of the population—covering 70% of the country by area. The Minister was perfectly candid—that is the best way to be—that part of the reason for having CCAs as distinct from the combined authorities created under the Local Democracy, Economic Development and Construction Act 2009 is to give Ministers the chance to work around district councils where those councils do not want to be involved in greater devolution.
I think we have to find a way to get the district councils into the proposed process more fully. We have seen combined authorities use non-constituent members to deliver, and that is a good way to operate, and I think that the amendment would enhance that opportunity. Amendment 22 seeks to do so by ensuring that among the members of the CCA’s overview and scrutiny committee are the chairs of the overview and scrutiny committees of the district councils within the CCA. I hope that is a proportionate way of trying to get districts involved. They have so much expertise about the area they serve that it would be foolish to discount them. They have a track record of delivery, and they know what people want because of their really close engagement with their constituents.
When we debate clause 16, will talk a little more about the fundamental role of districts, but we know that they are not likely to be formal or founder members of CCAs. Instead, the amendment effectively says that we have a very skilled group of people who lead overview and scrutiny in their local authority, who have high levels of experience, training and ability. They do it day in and day out. They are familiar with the issues, they know how to scrutinise an executive, and they know what information to read and what questions to ask. To pull them together is almost like convening an international team from the best players in the league and I have no doubt that it would be a significant success.
Amendment 22 would be a really good way of enhancing the overview and scrutiny provision while getting better engagement with the district councils. In that sense, I hope it is a bit of a two-for-one for the Minister.
Tim Farron
This seems to be a really sensible and proportionate proposal. The Conservative leader of the District Councils Network talked to us in the evidence session on Tuesday 21 June. He speaks very clearly on behalf of members of all political parties who are on district councils: Liberal Democrat, Labour, independent, Green and, of course, the leading Conservative group among district council members.
There is a concern about district councils being slowly but surely erased—and they are. In Cumbria, we are living proof of that, because some good district councils are being dismantled this year, hopefully with very good unitary authorities taking over their responsibilities and being reflective of what the local communities desire. However, if we are to move forward in this direction and if CCAs are to be the building blocks by which these decisions and the delivery of levelling up will take place, it is surely right to demonstrate to district councils that we and the Government value them—not only that we value them as district councils but, as the hon. Member for Nottingham North rightly said, that we value their expertise.
In this amendment, the Government are being asked to consider picking the people who already do this job in their home patch, so to speak, and to bring the skills, expertise and experience that they have from providing scrutiny of their own councils’ business and the operation of democracy internally within their district councils to the sub-regional level.
The amendment seems to be not only a very effective and sensible practical proposal but one that would allow the Government to demonstrate to district councils that they are not being erased and that they are a very important part of our future. We talked earlier about whether symmetry mattered. If we believe that local communities are best at designing their own destiny and if they choose to maintain two-tier authorities, as many do, then reflecting that autonomy and its outcome—not begrudging it, but welcoming it—seems to me a wise thing to do. Let us have the chairs of the overview and scrutiny committees from the constituent district councils within a CCA on the overview and scrutiny committee of that CCA.
Neil O’Brien
I would say that the amendment is well-intentioned, but that would not really do it justice; I actually completely agree with the broad thrust of what Opposition Members are trying to achieve. However, I think that we should do it in a slightly different way.
Schedule 1 places a requirement on all combined county authorities to establish one or more overview and scrutiny committees, and provides for the Secretary of State to make regulations for such committees. That mirrors the provisions for combined authorities; regulations were made in 2017 that already apply to all the combined authorities.
As for the majority of the CCA model, it is our intention that the overview and scrutiny arrangements for CCAs will adopt the same broad principles as those for combined authorities. Regulations made under schedule 1 must ensure that the majority of members of overview and scrutiny committees are drawn from the CCA’s constituent councils. Furthermore, an overview and scrutiny committee cannot include a member of the CCA, including the mayor.
The regulations and powers in schedule 1 enable scrutiny committees to be established with membership appropriate to the CCA, so that they are able to effectively challenge, advise and make recommendations to the decision takers. To do this, each CCA’s overview and scrutiny committee needs to be flexible enough to reflect the bespoke role of the CCA, as agreed in individual devolution deals—how they are constituted, the powers they are responsible for delivering, and so on. That will affect the background and interests of the members that it would be appropriate to appoint.
Alex Norris
I am grateful for that answer from the Minister. I am glad to hear that we are in broad agreement. I would not necessarily say that a committee with 31 members was too large; that is smaller than many combined authorities. We heard in evidence from Mayor Andy Street that the West Midlands committee has much more than 31 members, and it seems to be functioning appropriately. Nevertheless, that should not be a sticking point.
I had not thought of the consequences of a district council choosing not to participate quite in the terms that the Minister has. I wonder whether he will reflect on this during the Bill’s passage. The act of a district choosing not to take part will be the act of the executive and, presumably, a majority on the council, but a minority of members may still have an interest. The community would definitely still have an interest, because the decisions will still impact them—they will not wish themselves out of the CCA; that is not allowed.
Is there a way that a council could opt out of engagement in the executive functions, but opt in to engagement in the scrutiny functions, because those things will still matter? I worry that areas might miss out. Of course, it is a local choice, and local leaders are accountable for the choice—perhaps that is just the decision they have to make. I am happy to withdraw the amendment on the basis of the reassurances that the Minister has offered, but perhaps, during the passage of the Bill, we could think a little more about how we might add the district voice in places where district councils have chosen not to take up a seat on the executive. On that note, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Schedule 1 agreed to.
Clause 14
Funding
Question proposed, That the clause stand part of the Bill.
Alex Norris
I do not want the decision on clause stand part to go by without any discussion. I want some clarity from the Minister. The clause allows the Secretary of State to make regulations about how to pay for the combined county authority, with the understanding in subsection (2) that it has to be done with the consent of the constituent councils. I want to understand how the Minister thinks that will work in practice. Presumably, the Secretary of State will hope to receive a proposal from the constituent councils that they have all agreed to, rather than suggesting a model.
Neil O’Brien
Let me reassure the hon. Member by saying that clause 14 enables the Secretary of State to make regulations setting out how an individual CCA is to be funded by contributions from constituent councils. Such regulations can be made only with the consent of the constituent councils and—where one already exists—the CCA. The CCA will decide how its activities are funded and how its funding is sourced, whether that is from investment funds and other devolved funding or from contributions from constituent councils.
Where constituent councils are providing contributions, regulations under clause 14 can set out how the CCA decides the proportion of contribution from each council. Similar regulations for combined authorities usually state that that is for agreement locally but provide a default split if agreement is not reached. That underpins the very nature of the collaborative approach we are trying to support through the new CCA model. The clause will be instrumental in ensuring that combined county authorities are strong institutions with sustainable funding to which to devolve functions and flexibilities, which is essential to achieving our ambitious local leadership levelling-up mission. I commend the clause to the Committee.
Question put and agreed to.
Clause 14 accordingly ordered to stand part of the Bill.
Clause 15
Change of name
Alex Norris
I beg to move amendment 23 in clause 15, page 12, line 14, leave out “not less than two-thirds” and insert “a simple majority”.
This amendment would remove the need for a super-majority to change the name of a CCA.
In preparing amendments, we had the hundreds of pages of the Bill, and hundreds of pages of explanatory notes. The delegated powers memorandum is even longer—never mind the White Paper. As a result, one started to go deep in the weeds, and I am very deep into them here.
This significant clause makes provision for the process of changing the name of a combined county authority. Subsection (2) sets out the requirements, with paragraph (c) requiring a super-majority of no less than two-thirds of CCA members to vote in favour of the rule change. That is a high bar—far higher than for most decisions that we make in Parliament. I am interested in why there is such a high bar, so, to probe that, my amendment suggests reducing it to a simple majority.
I have a couple paragraphs here that I wrote last night about “What’s in a name?” I will spare the Committee those; I think we can establish what is in a name. I will say that I am not completely ignorant of the value of super-majorities. They can be very important to protect the rights of minorities, but they can also be used—the US Senate is a good example—by a concerted majority for a number of decades to protect special interests.
I am not sure why the clause requires a super-majority. We want to give these combined county authorities significant money—tens of millions of pounds, and I suspect those negotiating them want even more than that—and significant powers over things that shape our communities. If we cannot trust them to change their name on a simple majority, how can we trust them to do anything else on a simple majority basis? I am interested to hear the Minister’s thoughts.
Tim Farron
Indeed, as we established earlier, my county is an amalgamation of Lancashire, Yorkshire, Cumberland and Westmorland. What’s in a name? It may not be the most important thing in the world, but it sums up the identity of a community or series of communities. The new authority that will serve my constituency is Westmorland and Furness Council. The northern part of the area, around Penrith, was always part of Eden, so folks there rightly feel aggrieved that their identity has been somewhat stolen from them.
I will reflect on the very early part of my life. I was not following politics in those days at all, but was probably watching the noble Baroness Floella Benjamin on “Play School”—that was about as close as I got to any kind of involvement in politics at that age. I recall with some bitterness that when the reorganisation happened in the early 1970s, Yorkshire did better than Lancashire out of it because of the name. Nearly every part of Yorkshire that was turned into either a shire or metropolitan authority kept the name—for example, South Yorkshire, West Yorkshire and North Yorkshire. Part of Humberside did not have that blessing, but it was the only bit of Yorkshire that did not.
Let us think about what happened to Lancashire: it became part of Cumbria, Greater Manchester and Merseyside. It lost that identity, and a whole generation of people have grown up as Lancastrians without realising that they are. I am sure the Government will seek to establish a CCA in a meticulous and proper way, but errors will be made and there will be things about the genesis of the new bodies that we would have perhaps wished to have done differently a year or two later.
A whole bunch of different politicians might get elected to districts that form part of the CCA after three or four years—perhaps on the basis of people being concerned about their identity—yet we are told that nothing can be changed without a two-thirds majority. We changed the Fixed-term Parliaments Act 2011 with a simple majority, so we have proved that it does not really matter. No Parliament can bind its successors, and rightly so, but apparently the Government can bind the successors of local authorities. That is not democratic, and it does not allow local authorities to establish their own identity, which might morph over time.
Neil O’Brien
We are honoured by the depth of the forensic scrutiny that the Opposition are offering us on these clauses. They are quite right to probe all these questions, which are important. Few things are more likely to arouse the passions than names of local authorities and county authorities, as we heard in the impassioned speech from the hon. Member for Westmorland and Lonsdale. We recognise the importance of people living in an area having a strong attachment to, and identity with, that place, which is something both he and the hon. Member for Nottingham North have alluded to.
When we establish a county combined authority by regulations, we will specify the legal name of that institution. Of course, it is only right that the name can be changed to adapt to local circumstances over time, and the clause allows a CCA to change the name it is known by, subject to various safeguards and conditions, one of which is a requirement that two thirds of members of the CCA consent to the change. The threshold was chosen quite deliberately to ensure that name changes are undertaken only where they will make a real impact, rather than where they are just a rebranding exercise. Names really matter to local communities, as we have heard, and it is important that a strong majority of a CCA supports any change.
The amendment is designed to reduce the consent threshold to a simple majority, which would mean that CCAs would have a lower threshold for such a change than existing combined authorities, for which the threshold is a minimum of two thirds. Two of our existing combined authorities, South Yorkshire and Liverpool city region, have already changed their names since their establishment. A lot of politics were involved in that, so clearly there is flexibility under the two-thirds arrangement to change the name when that is felt to be important. I remember that there was a lot of consideration of that choice during the run-up to the devolution deal with Sheffield city region—it is now called South Yorkshire—and likewise with Liverpool city region.
My officials are in regular contact with the mayoral combined authorities, and we have not heard of any difficulties with the existing legislative process. As we have discussed before, it is important to keep parity between the CCA and combined authority models as much as possible, including in respect of name changes. A further consideration—this is why we have the higher threshold—is that many organisations will have made legal contracts with a combined authority, and changing the name is a non-trivial thing to do, given that it will require many things to change.
Fundamentally, as Members have said, names really do matter. What’s in a name? We do not want them to be something that flips over from time to time. We could end up having a tit-for-tat war whereby the majority changes the name of an authority and then it changes again. We want the name of an authority to be stable and lasting. Opposition Members have quite rightly asked why that is so, and I hope that I have given sufficient assurance that they might be willing to withdraw the amendment.
Alex Norris
I am grateful for those contributions. The debate has had a bit of lightness to it, but as the hon. Member for Westmorland and Lonsdale said, identity does matter to people. I think identity can be a big driver in levelling up, by providing that passion, commitment and love of place that makes people want to do better and tackle inequalities. That is a really positive thing and it does matter, but I do not think it is the be all and end all.
Rachael Maskell
I am thinking about the work of the Electoral Commission in setting constituency boundaries and names, which goes through the adoption process without requiring a two thirds majority. Is the clause not an inconsistency, rather than a consistency, with what happens elsewhere?
Alex Norris
Yes, I think so. There is a role for supermajorities, but as an exception and with strong cases. I am not sure this provision has met that test. I have a version of my speech that included a number of paragraphs about my views on the boundary review, and the sad extension of constituency titles, which seems to be inexorably taking us to five-word constituency titles. I thought you would not thank me for including that, Mr Paisley, but at least I have now put it on the record, so I am grateful to my hon. Friend the Member for York Central.
I will not press the amendment to a Division because I do not think it is a totemic issue. However, I hope we can seek to use supermajorities as an exception rather than the norm. If nothing else, this has been the hors d’oeuvre for a later debate—the real substance—which is what to call a mayor when we do not want to call it a mayor. Colleagues have that excitement ahead of them. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 15 ordered to stand part of the Bill.
Clause 16
Local authority functions
Alex Norris
I beg to move amendment 24, in clause 16, page 13, line 10, at end insert—
“(aa) affected local district councils”.
When I wrote my speech I thought that clause 16 was perhaps the most significant of the 60 or so clauses that establish CCAs. It was certainly the only one that had a particular debate on Second Reading, although largely among multiple members on the Minister’s side.
The clause allows for functions of a local authority to be exercisable at a CCA level. There will be points at which there will be a keenness to do that. It allows for functions to be exercisable by the CCA, rather than the county council or district council. It also allows for: functions to be exercisable concurrently with the county council or district council; for the function to be exercisable by the CCA and the county council or district council jointly; and for the function to be exercisable by the CCA jointly with the county council or distract council but also continue to be exercisable by the council alone. That essentially means that councils can collaborate and share in whichever way they choose to— subsection (5)(a) requires the constituent councils’ consent—with the CCA.
This has twitched my antennae a little. We have discussed some of this already. I believe that devolution as it forms part of the levelling-up agenda is about devolving power out from the centre—from the centre to sub-regions, and from local authorities to local communities. The latter, community power, is broadly absent from the Bill, and I hope we will get the opportunity to add it back later in these proceedings. On the former, the direction of travel is supposed to be towards communities—towards the lowest proper level—rather than away from them. Indeed, local authorities are already free to collaborate, and there are many good examples of that. I do not think the purpose of the new sub-regional bodies established by part 2 of the Bill is to draw powers upwards from local councils; rather, it is to draw them downwards from the centre.
I am willing to accept—if this is the case, perhaps the Minister could give us a little detail—that that might be desirable in order, perhaps from a finance point of view, to share budget arrangements, or to have lead council arrangements on spend and receipt in a certain policy area. Crucially, under subsection (5)(a), the regulations will be made only if the constituent councils of the CCA consent. Those local authorities essentially have a lock on that process: it can happen only with their consent. On that basis, who am I to stop them? I think that is fair enough.
The issue here is that all four of the scenarios under subsection (4) involve the CCA also taking on the power of district councils, which are not—this is certainly my understanding—“constituent councils” and therefore cannot consent. It looks to me—I will qualify this shortly —like district councils could have powers taken from them.
Several Members have raised concerns that this part of the Bill is about removing district councils from this sort of decision making, the argument being that current statute makes it too hard so we need to free ourselves of the district veto, which the Minister described in the evidence sessions as an
“unintended consequence of the Local Democracy, Economic Development and Construction Act 2009”.—[Official Report, Levelling-up and Regeneration Public Bill Committee, 21 June 2022; c. 57, Q87.]
I am not sure that is necessarily true, although I am happy to be wrong. I think that the expectation at that time was that communities would proceed by consensus. That is why it is a de facto veto. It may now be deemed impractical, but I do not think it was an unintended consequence.
That poses a problem: if these bodies get up and running, and particularly if they choose to have a mayor elected to lead them, and they get off the ground already with local opposition, that will be a shame. I think that will hold back their work, build cynicism and erode public confidence. Therefore, the approach of working around districts rather than with them is perhaps the wrong one. As I have said before, districts have a proven track record of delivery. The amendment is modest: it seeks to add a provision that affected district councils must have consented to having their powers taken away. That seems reasonable to me.
I have hedged my bets a little because I am really hoping that the Minister will say that this is a moot point. In the evidence sessions, Councillor Oliver from the County Councils Network said:
“I am grateful to the Minister for clarification on some confusion around clause 16.”––[Official Report, Levelling-up and Regeneration Public Bill Committee, 21 June 2022; c. 58, Q88.]
I confess that I did not know what he meant by that; it was not anything that was clarified on Second Reading or in the evidence sessions. I did a bit of digging and I understand—this is second hand, so I apologise to the Minister if it is not right—that the Minister may have written to the representative bodies of local government to clarify that the Government do not intend for the powers to be applied in this way. That would be a very good thing if it were true.
Alex Norris
I can see the Minister nodding, so that gives me hope. However, I have not had any such contact, so I can only go on what is written in the Bill. If that is the case, perhaps we should tidy up what is in the Bill so that there is no doubt. Clearly, it can be read the other way, which is why there has been so much interest in it, even if that interest is happily unnecessary.
Neil O’Brien
Although many of the things we have talked about today have been interesting and thought provoking, this is perhaps the most interesting and thought-provoking amendment so far.
Clause 16 gives the Secretary of State the power to confer any local authority functions—including those of a county council, unitary council and district council—on to a combined county authority by regulations, subject to local consent and parliamentary approval. Any existing function of a local authority could be given to a combined county authority; these could be modified or have limitations and conditions attached. Functions could be specified as exercisable by the CCA concurrently with the local authority, jointly with the local authority, or instead of the local authority.
Clause 16 will enable effective co-operation between CCAs and local authorities where it is desired by the local area. Clause 16 mirrors section 105 of the Local Democracy, Economic Development and Construction Act 2009 for the conferral of local authority functions on to combined authorities. It also mirrors section 16 of the Cities and Local Government Devolution Act 2016 for the conferral of public authority functions on to an individual local authority, in terms of both the mechanism and the consent mechanisms. These powers already exist. Consequently, the consent requirements for regulations under clause 16 relate to the constituent councils and, where a CCA already exists, the CCA.
Amendment 24 seeks to make affected district councils have a say on the conferral of local authority functions. The necessary irreducible core of a county deal is a county council and any associated unitary council. Many of the powers that have been devolved through devolution deals so far have tended to be upper-tier powers. These are agreements between the Government and the upper-tier local authorities. That is absolutely not to say that district councils have no part to play in such agreements. They do—I hope they will—and we expect the devolution deal with the upper-tier local authorities to include details of how the new CCA, the county council and the districts that wish to will work together to deliver the outcomes envisaged in the devolution deal agreement.
As for providing for districts to have a say on the conferral of local authority powers, within the context I have described, they will indeed have a say, if they wish. First, they will have had discussions and reached agreements with their upper tier councils about how they will be involved in implementing the devolution deal. Secondly, powers are conferred through regulations. Before regulations to establish the CCA and confer powers on it, there must be a public consultation on the proposal, as we discussed earlier. This is an opportunity over and above the devolution deal that district councils will have to make their input, in the context that we are clear the agreement is with the upper-tier local authorities.
There is a good reason why we have taken the approach of having an agreement with the upper-tier local authorities: to avoid past experiences where one or two district councils have frustrated the wish of many in the area to have an effective devolution deal. However, we are equally clear that the appropriate involvement of district councils that wish to be involved is important and, indeed, essential to the delivery of certain outcomes that the devolution deal is seeking to achieve. It is, in short, a question of balance. We believe we have struck the right balance between an agreement with the upper-tier local authorities to establish it and flexibility so that the involvement can reflect local wishes of both the districts and the upper-tier local authorities in the area.
I know concerns have been expressed about district councils’ functions being removed and transferred to a CCA. I want to put on record something I have said to local authority leaders and which we have repeatedly made clear over the years. The Government are clear that there is no intention to use this provision to reallocate functions between tiers of local authorities when there is no consent. From the start, the devolution agenda has been about power flowing down to local leaders to enable decisions closer to the public, not flowing up. To the best of my knowledge, I do not think the powers in the two Acts I mentioned earlier have been used to date.
Parliamentary scrutiny provides a very secure safeguard here. The Secretary of State cannot make any changes to the functions of an individual CCA without parliamentary approval. It has always been the case that Parliament decides where the responsibility for functions lies in local government. An individual CCA cannot exercise functions unless it has been given them in regulations by the Secretary of State following parliamentary approval. A CCA cannot take power from a district or any council. One tier of local government cannot legally usurp the powers of another.
I understand and hear the concerns being that are being expressed about issues relating to the clause. I wish to reassure the Committee that I will take these issues away and readily consider how we might reflect the role of district councils in devolution deals. I hope that gives sufficient reassurance for amendment 24 to be withdrawn. We will think further about this important issue.
Alex Norris
I am grateful for that full answer and happy to withdraw the amendment on that basis. The Minister was as explicit as possible about how he envisages things working. I hope that, in his reflections, he will consider whether what is in the Bill needs to catch up and is as clear as it might be. I hope he will continue to engage with us in such conversations and, if he has engaged with those bodies in writing, that he will make a copy of the letter available in Committee or in the Library, so that we have full information for continued consideration. On the basis of the response provided by the Minister, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 16 ordered to stand part of the Bill.
Clause 17
Other public authority functions
Question proposed, That the clause stand part of the Bill.
Alex Norris
Clause 16 dealt with the conferral of local authority functions on CCAs. Further clauses, such as the ones between 30 and 37, deal with the conferral of police and crime commissioner functions, and clauses 19 and 20 confer transport, highways and traffic functions. With clause 17, I wondered what the Minister’s understanding of “Other” might be. What ideas does he have in mind?
Neil O'Brien
I will have to come back to the hon. Member in slower time on that. To explain a little about the clause, it is in essence the devolution clause that will enable the CCA to take on the functions of public bodies, including Ministers in central Government, the Greater London Mayor and Assembly, and agencies such as Homes England. Broadly, the clause allows devolution to happen. On his specific point, I will have to write to him.
Question put and agreed to.
Clause 17 accordingly ordered to stand part of the Bill.
Clause 18
Section 17 regulations: procedure
Alex Norris
I beg to move amendment 26, clause 18, page 14, line 35, at end insert—
“(1A) But notwithstanding subsection (1)(b), if a CCA prepares and submits a proposal for conferred powers under section 17(1) and the Secretary of State has already made provision for another CCA to be granted identical powers, the Secretary of State must consent to that proposal.”
This amendment would require the Secretary of State to accept an application for conferred powers from a CCA where they have already accepted an identical application from another CCA.
At the end of the previous sitting, the Minister started the debate on this issue, which is a point of distinction, so I think the amendment will be an interesting one to discuss. Notwithstanding the sorts of functions that the Minister has in mind, which he will follow up with, the clause sets the rules by which county combined authorities can receive more powers from central Government. We are supportive of that: we want to move powers from Whitehall to our town halls, but in doing so the Bill can be improved.
I touched a little on the asymmetry of the devolution of power in England, and it is worth covering something of that. Metro Mayors hold powers over spatial planning, regional transport, the provision of skills training, business support services and economic development. The detail of the powers and budgets devolved, however, varies massively between areas.
For example, in Greater Manchester and West Yorkshire the powers of the police and crime commissioner have been merged into the mayoral role, but not in other mayoralties. The Greater Manchester Combined Authority oversees devolved health and welfare budgets, working in partnership with the lead Whitehall Departments, but other combined authorities do not have such powers. All Mayors can establish mayoral development corporations, except for the Mayor of Cambridgeshire and Peterborough. All Mayors can raise a council tax precept, except in the West of England.
That is an odd hotchpotch. If we were to sit down and plan a devolved settlement, which we are doing quite a bit of, we would never pick a model that is quite as uneven and such a mishmash. That is what happens when settlements are negotiated case by case behind closed doors, on the basis of what Ministers judge communities are ready to have. Furthermore—this is part of what we are addressing today—those disparities in power do not even account for the fact that vast swathes of the country do not even have combined authorities; they just have their council.
We are in the odd situation where Manchester gets to elect a Mayor with a PCC, but in Nottingham we cannot vote for a Mayor—we don’t have one; we do not have a combined authority in the county terms yet—but we vote for councils and a PCC. That gets very hard to explain to constituents, and means that different parts of the country get access to different powers. I think we should do better there.
The Minister characterised that position as being for either a one-size-fits-all model or moving at the pace of the slowest. I am not saying that. My dissatisfaction with asymmetry aside, I live in the real world; we have an asymmetric settlement and it would not be practical or desirable to change that. Where those combined authorities are motoring along, they must keep doing so; they are doing crucial and impressive work, and of course we would not want to change that. However, we have the power to ensure that the combined county authorities, which cover big parts of the country, and will hopefully bring devolution to the bulk of the country, have some sense of commonality in the powers that they are able to access, but not have to access—not a floor but a ceiling.
I do not think that I am actually asking the Minister to do anything more than has already been set out by the Government. The White Paper itself sets out those three tiers of powers. We will get to the point about the governance structures at a later date, and as the hon. Member for Westmorland and Lonsdale said earlier, I also completely dispute the point that we should have to accept a Mayor in order to get tier 3 powers.
Nevertheless, the Government have established a common framework—a common menu, as it were—from which to pick. This is the significant point of difference: I believe that should be a local choice. It should be the local leaders and local public deciding what powers they want. I must say that I think the bulk will want something towards the upper end, because they will understand that decisions will be made better locally and that they will have a better understanding than the centre about what they want for their communities and how to get it. The Government’s approach—the approach of the past 12 years—is to pick and choose, depending on the qualifications, or otherwise, they think the local leaders have. I think that is a significant mistake.
Amendment 26 seeks to improve that. Essentially, it would prevent the Secretary of State from doing a blizzard of different side deals with different communities, based on the powers they confer on a CCA by saying that, if they confer a certain power on the CCA, then an identical application from another CCA must also be accepted. That is saying that, if new ceilings are set, then everyone should have access to that. As I said, that will not result in perfect symmetry—anything but—that is not the intention of the amendment. However, it will mean that all communities have access to the same powers.
I am interested in what the Minister says to that and will listen carefully. If, in practice, the way in which the amendment is worded does not deliver that effect but, in the Minister’s view, there is a better way of doing it, then I would accept that heartily—it is the substance, rather than the amendment itself, that means something to me. However, it is a very important point.
This is the moment, on county combined authorities, to say that we are going to break free from this individual deal-by-deal way of devolution, and say that we just think the powers are better exercised locally—we should be explicit about that because it is a good thing to say—and that in doing so, everybody gets access to them, not just the ones that are deemed to be good enough. I think that would be a significant step forward for this legislation.
Tim Farron
I think this is where we get to find out who devolution is for. Is it for the benefit of Whitehall or communities? I have no desire to see—in fact, I have a revulsion to the idea—contrived symmetry from the centre. I am very happy for there to be asymmetrical devolution, so long as that is the choice of the people within those communities. This is where we get the opportunity to see whether this grassroots taking back control from the centre or the centre, in a rather patronising way, throwing a few crumbs to the local community.
People living in Cornwall, Northumberland, Devon and Cumbria have the same rights and the same expectations about the quality of services as people in Manchester, the west midlands and London—no more, but definitely no less. It would therefore seem very wrong if services and powers that are devolved to London and Greater Manchester are not devolved to Cumbria, or at least are not offered to it so that the community can choose whether to take them.
This is about not just the powers that should be devolved, but the preconditions that the Government choose to impose. Obviously, we are talking about Mayors, or Mayors by any other name. I have absolutely no problem with communities that want a Mayor having one as part of their devolution deal, but I have an enormous problem with the Government saying, “You can have these powers, but only if you have the form of local government that we tell you to have.” That is not devolution. It is certainly not what people in my part of the far north-west of England want, and I suspect it is not what people want in other parts of the country. This is an opportunity for the Government to declare that devolution is for the people and not for their own convenience.
Rachael Maskell
I wholly concur with the previous two speeches on amendment 26. We have to think about the people in our communities, and if we ask any of them who currently does what in governance terms— whether it is Parliament or local councils—they will often struggle to identify exactly where those powers rest. When we introduce another tier of government, people need clarity about it. Particularly if they are living on the borders of the new CCAs, they will be looking one way and saying, “Well, they have powers that we haven’t got here.” We have to be careful that we do not introduce confusion into our governance and accountability systems.
I therefore think that the point about having a more à la carte approach is right, as devolution grows and we get used to new functions of government, so that we can see what can be achieved. If the Government dictate limitations on the ability of authorities to exercise their powers in one area, and a neighbouring authority has those extensive powers, undertaking partnerships between two CCAs could be quite challenging, and it could also limit the opportunities.
We have to look further ahead. We are in this process of development and evolution, which is fantastic, but we do not want to end up with patchwork Britain. We do not want Parliament to be left legislating over a small number of authorities because not every devolved area and CCA has those powers. We could end up with two or three CCAs without the powers that all the others have, and the national Parliament will then have to legislate over certain functions. That seems ludicrous in itself. We would not see fairness in patchwork Britain. We will talk again about the postcode lottery that we see emerging. The areas of greatest deprivation are probably those that would see the fewest powers. We have to think more strategically about how we apply that. That is why the amendment does justice to the issue. It enables the CCAs to take on these additional powers, but it does not mandate that.
It was clear from the presentations from the Mayor of the West Midlands, Andy Street, and the Mayor of West Yorkshire, Tracy Brabin, that the M10 Mayors are working incredibly closely together. They are inspiring one another to address the challenges of where they can take devolved powers, and that presents opportunities to the people they represent. That will of course be an evolving picture as more people come into the M10. I guess we are heading towards the M20, or wherever it may end—not the M25, as Members are suggesting, because it would simply go round in circles.
We need to make sure we are not seeing a denial in the differentiation of the powers that emerge. Ultimately, this is about the impact that they have on locality and local areas. It is really important that we think about where it could travel to. It clearly has implications for this place—its future and what it does—but we also want local decision making. I think there is a consensus across the House that we want decisions to be made closer to people, and if we devolve certain opportunities to some areas, the intersection of those powers can create more than the sum of their parts, which is something that really stood out from the evidence we heard. There could be a real benefit in devolving those powers, because we do not want a metro Mayor or a CCA coming back to Parliament every few years, saying, “I need more powers. We need more primary legislation looking at this issue.” We want a deal that is underpinned by the flexibility to drive change, and we will see that change come about through shared practice.
Neil O'Brien
We have had asymmetric devolution in this country since 1998, when the Labour Government introduced devolution for London, Scotland and Wales, but not the rest of the country. In 2010, when we came into power, London was the only part of England that had a devolution deal; that was great for London, but the problem was that other areas of the country were not enjoying the same advantages. It was not even the case that there was symmetry between Scotland and Wales: there were differences in the name of the legislative body—Parliament versus Assembly—and in tax-raising powers, so the revealed preference of the last Labour Government was to have asymmetric devolution. I think that was justified by the different levels of readiness.
Rachael Maskell
We are all learning on this issue, but does the Minister acknowledge that that approach has brought us a call for an English Parliament from some quarters and, from other quarters, a greater propensity to want independence? We have to be careful that we do not break up the Union, or the federation, by what is being created in this Bill, and ensure that we maintain those ties that still bind us together.
Neil O'Brien
I do not want to critique the decisions of the last Labour Government; I am merely pointing out that there was an acceptance of asymmetric devolution throughout that time, for all kinds of reasons of practicality.
The hon. Member for Nottingham North said earlier in the debate that the default should be alignment. We fundamentally do not agree with that, for reasons of localism; it is not what every local area wants. He also asked why these devolution deals are different, and mentioned two examples: the West of England not having a precept, and Cambridgeshire and Peterborough not having development corporations. The reason why those areas are different from the others is that that is what local people wanted, and it is what local leaders would agree to. That was their choice. That is localism, and that is generally the case for most of the variations in devolution agreements. It is about what local political leaders wanted to agree to—it is fundamentally about localism.
However, that is not the only reason why devolution agreements differ between areas. I will be candid: there are things that make it possible to go further in some areas than in others. It is partly about geography; does an area’s combined authority—the CCA, potentially—fit with the governance of the thing for which the area is trying to devolve powers? Is there geographic alignment, or will it take time to achieve in respect of various public services? Are local partners—perhaps the NHS, in the case of Greater Manchester’s health devolution agreement—ready to work with an area? Has an area been working on it for a long time prior to the devolution agreement?
In some cases, there is a tie to whether an area has a directly elected leader. We are clear that we prefer the direct accountability and clarity that comes with the directly elected leader model, which is why the framework we have set out enables places to go further if they choose to go with that model. In some cases, in respect of things such as the functions of a police and crime commissioner, we are not legally able to devolve powers to someone who is not directly elected.
I said earlier in the debate that, fundamentally, we will not make progress and the devolution agenda will not make progress if we have to move in lockstep—if a power offered to one place has to be offered to all. To quote the great Tony Blair,
“I bear the scars on my back”
from negotiating all these devolution agreements in Whitehall. It is no small thing to get elected Ministers of the Crown to give up their powers to people in different political parties. It is the case that different places are ready to do different things, and it is important for them to do different things.
It is not the case that there is no framework—a framework is set out on page 140 of the levelling-up White Paper—but it is clear that there will be variation within that. It is a basic framework. Indeed, the White Paper includes principle three, on flexibility:
“Devolution deals will be tailored to each area”—
they will be bespoke—
“with not every area necessarily having the same powers.”
It does, though, set out what may comprise a typical devolution deal at each level of the framework. It is clear from our experience that we can add to devolution deals over time, that areas will have more ideas about the things they want to pursue, that they will get ready to do new things and that we can go further over time. It is an iterative process, not a once-and-for-all deal.
The hon. Member for Westmorland and Lonsdale asked who this is for—is it for Whitehall or for the people? I put it to him that our flexible model is for the people, not for Whitehall. Tidy-minded Whitehall officials would love nothing more than to have a rigid framework in which “Each of these things must mean exactly the same. If one’s got it, everyone must have it. We’ll put you in a grid. Oh, the matrix is not right!” I assure the hon. Gentleman that Whitehall would love that. It would absolutely adore that—it is what Whitehall would fundamentally like. Our approach rejects that bureaucratic approach and instead gives people what they want locally and what they are ready for in an area. Doing that enables us to make iterative progress.
I am not having a go at the Opposition, but we inherited a situation in which there was no devolution in England outside London. We have been able to make progress partly because we have been able to work iteratively. If we had said in 2014, “If you are offering these new and novel powers to Greater Manchester, you must offer them to every other single place in England,” we would never have got anywhere. It is as simple as that. We have to work iteratively, and by doing so we have made good progress.
Mrs Emma Lewell-Buck (South Shields) (Lab)
I am a little confused. My understanding was that the amendment does not say it has to be the same everywhere. It simply says that if an area requests a power that people have elsewhere, the Secretary of State should grant that request. I think the Minister misunderstands what the amendment is about.
Neil O’Brien
I think I have directly addressed that point. I reject the Opposition statement that “The default should be alignment.” I have taken on quite directly the point that it is about not just each area wanting different things but different places having different geographies that do or do not fit with different local partners. It is the case that different places do or do not have the agreement of local institutional partners and it is the case that some places are more or less ready and have further institutional maturity and, indeed, that we continue to add to that. I am not hiding or running away from the fact that part of this is about a view of what is achievable, along with, most importantly, what local places want. I am grateful to the hon. Lady for giving me the chance to take that on directly. I will not hide from the fact that that is one of the reasons for variation. My final point is that one reason why we are able to make progress is that we can move the convoy not at the speed of the slowest.
Alex Norris
This has been a really good discussion. As the hon. Member for Westmorland and Lonsdale said, the fundamental question is, “Who is this for?”—that is exactly the question posed by the amendment—and I would add, “Who decides?”. At the moment, we will have devolution as long as it is what Ministers want—that is disappointing. Sadly, it is why, as the hon. Gentleman said, preconditions will be put on access to powers that do not relate to the exercise of those powers,
My hon. Friend the Member for York Central made an important point about patchwork Britain. As I have said, we are willing to live with local choice provided that it is the local choice—that is perfectly legitimate. I actually think that most communities will turn to the highest levels of power. I was perhaps too bashful to say this at the outset, but we need only set the operation of the powers against the Government’s record over 12 years. I do not think many councils will be thinking, “Please let this Government keep doing more things for me because it is going so well”—those that do will be very limited in number.
Yes, there has been asymmetry. I am glad that the Minister accepts the brilliance and goodness of Tony Blair. I must correct the Minister, though: he keeps saying the “last Labour Government”, but it is only the previous Labour Government—there is nothing final about it! [Laughter.] In all seriousness, this has to be about what communities want, not what Ministers want. The Minister said that for some communities, it is not the right time. Okay, but if the common ground for decisions to be made locally is the alignment of public services—that point was well made—could geographies that do not match naturally be converged if that is what local people want? I would support that, but it would take time. Provision should be included to allow them to access the powers when they want to. They should not have to rely on further regulations.
Neil O’Brien
I am grateful to the hon. Gentleman for giving way at what is probably quite an annoying time for me to intervene, but I want to highlight mission 10 of the missions that we discussed earlier. It states:
“By 2030, every part of England that wants one will have a devolution deal with powers at or approaching the highest level of devolution and a simplified, long-term funding settlement.”
I think that makes it clear that our intention is for the powers and the scope of devolution to move upwards over time. That has been the direction of travel since 2014.
Alex Norris
I am grateful to the Minister for that intervention because he has made an excellent case for my amendment. That is what it would do: all communities would have access to the highest level of power. The Minister used the word “bespoke”, but how does that fit? Why would we have a series of bespoke arrangements if we wanted all local communities to have access to the highest powers? Those two things do not sit together naturally.
The point I made earlier about the default position being one of alignment was in relation to the constitution of CCAs. Let us say that ten deals are done and ten sets of regulations are made. The default should be that those regulations say the same thing, unless there is a really good reason for them not to. I am not saying that for the entire settlement. As I have said, things will move over time, but access should be to the highest level of power.
This is not about moving in lockstep; I am sure that there will be different paces. I dare say that although I do not have the Minister’s perspective—I do not work with local communities on this day to day—I have a lot more confidence in local communities to take the powers on more quickly. They only have to beat the Government of the day, and I have a lot of confidence in them in that respect.
Certainly, I do not disagree with what the Minister said about the White Paper, but I am not willing to rely on it in lieu of a better alternative in the Bill. I must rely on what is in the Bill, so I will press the amendment to a Division.
Question put, That the amendment be made.
Rachael Maskell
I beg to move amendment 50, in clause 19, page 15, line 37, at end insert—
“(2A) Regulations under subsection (1) must require that all CCAs impacted by a transfer of functions under this section collaborate on all routes that cross relevant CCA boundaries, including—
(a) any changes to routes,
(b) any changes to fares, and
(c) the formation of new routes.”
This amendment would require Combined County Authorities with an Integrated Transport Authority to work collaboratively on fares and routes that cross CCA boundaries with other CCAs impacted.
There must be recognition in the legislation of the challenges relating to transport routes that cross CCA boundaries. Bus routes, for example—but this could also apply to trams—often go beyond the political boundaries that we are debating. Collaboration between authorities is crucial to achieve the inter-area connectivity that is required. Rather than having long-protracted negotiations, we should encourage collaboration; it could be transformative for bus routes, fares, services, infrastructure, and even ticketing arrangements. Certainly, devolved authorities are taking inspirational initiatives to develop their transport system. They could, however, be in proximity to a CCA that takes a different approach.
The office of the Mayor of London, which is trying to extend routes, has long pleaded on this subject. The radial routes from London do not stop at the boundary of Greater London; they cross into the suburbs. Of course, the transport systems in the suburbs can be very different. A lack of flexibility at the border could have a real impact on who is able to travel across the borders. Seamless travel will encourage more people to take public transport, and to engage in active travel.
We also need to think about where there can be smoothing across boundaries and jurisdictions on issues such as fares. There can be deals on fares. I think that we are all excited to see Andy Burnham’s step forward for Manchester in his new deal on transport, how that will achieve modal shift, and draw people out of cars and on to public transport, which is absolutely necessary if we are to address the climate challenges ahead of us. Clearly, though, there will be implications for anyone who lives just over the boundary.
When it comes to transport routes, is not just what happens when a person is on a piece of infrastructure or mode of transport that matters; it is how they get there. Seamless travel is important. There will be negotiation, but will negotiation with private bus companies will be protracted? That could be what ends up happening, because a private bus company has a profit motive. It may say, “We prefer not to run that route, because we are on a different system. We are looking at profitability, so we will not send a bus into the neighbouring CCA.” A devolved authority may have objectives—on issues such as air pollution, connectivity and economic opportunity —that the neighbouring CCA does not benefit from; also, a CCA may have a model that involves a private transport provider that does not have any interest whatever in those things. The amendment considers how we achieve sound integration between the different CCAs to make sure that there is no pain at the boundaries, which is often the case.
In terms of other modes of transport, we should consider the investment in trams. In the UK we have a small prevalence of tram use compared with other European countries, but their use can be transformative in modal shift. If we see trams as the arteries of a transport system, the capillary routes that feed on to that will determine how somebody travels. Better bus connectivity at the end of a tramline is an example. In a rural CCA adjacent to a more urban-based CCA, there could be a determination that buses stop at 6 o’clock at night, whereas people want a tramline to run into the evening, because that is of benefit to people on the route. The availability of connecting buses may well have an impact on the establishment of a tramline and determine whether it is viable and value for money. Such discussions will be very important.
Such connectivity is also important to active travel. As a keen cyclist, I am excited about the Beelines network that is being developed in Manchester. That is transformative, and I want to see active travel opportunities available right across the country. For that type of travel to truly have a benefit, however, one must have good infrastructure to feed cyclists into the Beeline. That could make the difference between people jumping into their cars or engaging on those active travel routes. That choice will have an impact on the environment of, say, Manchester, should people drive into the city centre, compared with the environment of a neighbouring CCA, perhaps more rural, where there may be cleaner air, but not necessarily the same transport benefits.
We must think of the end-to-end journey. The amendment highlights that consideration, and is designed to achieve that better connectivity. That is the big challenge across our transport system. Whether we are discussing routes, fares, or future infrastructure, making those wise choices can make a real difference to personal choices about which mode of transport people select. I hope that the Minister sees the value in the amendment.
Alex Norris
I support my hon. Friend’s excellent amendment. The clause could be described as a “people before boundaries” clause. My hon. Friend referred to pain at the boundaries, which is always going to be a challenge and we must draw a line somewhere. It is right that there should be an expectation that where such lines are drawn, however, there must be an understanding that they are administrative boundaries set by us, rather than the public. It is our duty to seek to do whatever we can—or in this case, the leaders of CCAs to do what they can—to ameliorate the impact of such boundaries. In this case integration would obviously be a good idea, for the very benefits that my hon. Friend has outlined. I am very keen to support the amendment.
Tim Farron
I, too, support this wise and important amendment. I am thinking again about my community in Cumbria. Many bus routes that serve the county cross boundaries including, indeed, regional boundaries, because many of Cumbria’s routes are through to: Northumberland and Durham, a different region; into North Yorkshire, a different region; and to Scotland, a different nation—not necessarily a matter for this Committee, I am afraid. We are bounded on one side by the sea and then at the bottom there is Lancashire—the same region, but very likely to be in a different CCA, if that is the direction in which the Government and the community seek to move.
Bus services cross boundaries, and of course people work in different communities. People in the south end of Cumbria will look to work in Lancaster and further south. Towards the eastern end, the dales part of my community will look towards Leeds or Skipton. Further north, people will work in Carlisle and Penrith, and so on. Bus services rightly do not respect artificial boundaries, and it is important that we regulate fairly.
It is also worth bearing in mind, though, that there are far too few bus services to regulate and they are far too expensive. In a rural community like mine—in fact in most communities, urban or rural—bus services do not make much money, if they make money at all. Rather than thinking about the burden on the taxpayer of a subsidy that we might ask for, we need to consider public transport as a crucial investment in the oiling of a community, and of an economy.
As we move towards CCAs, part of the ambition that I would like them to have, as they are integrated with transport authorities, is to be able to bring more services. It seems odd that we are in a country where most local authorities are forbidden from being operators themselves. We should allow authorities to become bus operators and make their own luck, and indeed to compete properly in order to provide services to their communities.
For people living in a rural community such as mine—living off the A6, the A591, or the A590—on those arterial routes there will be a very expensive bus service. Often, there will not even be an expensive bus service; there might be one a week if people are lucky. Giving power to local communities, and putting in a provision and an expectation that they will co-ordinate, regulate and make sure that there is fairness and continuity across boundaries, should also go hand in hand with ensuring that there is sufficient investment, so that we have more buses and indeed more light rail serving our communities, particularly in rural areas that are so remote and where the distances to travel are that much greater.
Neil O’Brien
I agree with so much of what has been said by Members on the Opposition Benches. I agree about the importance of co-operation across boundaries. I have been very pleased to see the way that the West Midlands Combined Authority has improved transport even beyond its boundaries. Places that are negotiating devolution deals with us at the moment, from the south-west to the north-east, are thinking about that very actively.
I agree with what the hon. Members for Westmorland and Lonsdale and for York Central said about the importance of integration. It is one of the reasons that we have been keen to support bus franchising where people want that. I remember it being advocated to me nearly 22 years ago by the hon. Member for Blackley and Broughton (Graham Stringer), who is a former leader of Manchester City Council. He spoke about the advantages of integration through having that London-style bus franchising, which we would be able to approach in different ways through devolution.
Our approach is to achieve voluntary co-operation, rather than setting a requirement or duty to co-operate. We always try to encourage co-operation wherever we can—indeed, to the point of the hon. Member for Westmorland and Lonsdale revealing that he had encouraged it across the England-Scotland border, through the wonderful borderlands growth deal.
Rachael Maskell
Will the Minister acknowledge that many of those negotiations can take a significant amount of time, and can be not only incredibly painful when it comes to making progress, but at times quite conflictual, because there are conflicting interests at play, depending on the model of bus ownership and franchise that is operating?
Neil O’Brien
I absolutely agree. That is one reason why we are resisting the amendment—there are profound choices and it should be for local areas to make those choices.
The devolution framework absolutely recognises the importance of neighbouring authorities working together. Clearly, that is very important in CCAs being able to deliver their transport functions properly and to exercise control over local transport plans, and specifically to use these powers and controls to deliver high-quality bus services, as the hon. Member for York Central and the hon. Member for Nottingham North have said.
The amendment is unnecessary. There is already extensive collaboration between local transport authorities. Under current arrangements, there is a formal duty to co-operate, but not in the way that the amendment proposes. The current framework for local transport planning and guidance issued following the national bus strategy recently encouraged the joint development of bus service improvement plans. Examples exist in the West of England Combined Authority and North Somerset—two different areas—and also in Lancashire, with Blackburn and Darwen again working across the boundary of two top-tier local authorities. Those examples offer some further positive models of collaboration between local transport authorities in relation to planning local bus service improvements, which will include fare levels and service patterns, and all the other key issues.
We would expect CCAs to take the same collaborative approach with their neighbouring authorities, and I have to say that all the signs from the discussions we have had so far suggest that they want to take the same collaborative approach. We therefore feel that the existing mechanisms are sufficient to deliver and ensure the co-operation between authorities that we are talking about. As such, this amendment is unnecessary.
I hope that, given those assurances, the hon. Member for York Central will withdraw the amendment.
Rachael Maskell
I thank hon. Members for their contributions. I think we have to recognise that we are on a journey around the devolution of our transport systems. What came across powerfully in the evidence sessions last week was how transport is the biggest issue the devolved areas are currently dealing with. Therefore, transport is the dominant economic opportunity for the future. My friend the hon. Member for Westmorland and Lonsdale made important points about integration being essential. Encouraging more services is at the heart of the issue. The more services we have, the more of a modal shift we will see.
My hon. Friend the Member for Nottingham North spoke of how this is about people before boundaries. These boundaries, which we will be debating more, do get in the way of conversations about natural people flows, which are crucial to ensuring that communities work in the most efficient and appropriate way. I am happy to withdraw my amendment, but I hope the Minister will reflect on the comments made in this debate and continue the conversation, not only through the devolution process but also with the Transport Secretary to ensure we get better connectivity across our transport system. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Alex Norris
I beg to move amendment 27, in clause 19, page 16, line 2, at end insert—
“(3A) The Secretary of State must prepare and publish an annual report setting out—
(a) any differences in integrated transport authority functions conferred on CCAs,
(b) the reasons for those differences, and
(c) the extent to which economic, social and environmental well-being factors were considered in coming to decisions to confer different powers.”
This amendment would require the Secretary of State to publish an annual report explaining any differences in integrated transport authority functions conferred on CCAs.
The Chair
With this it will be convenient to discuss amendment 28, in clause 20, page 17, line 17, at end insert—
“(9A) The Secretary of State must publish an annual report setting out—
(a) any differences in highway and traffic functions conferred on CCAs,
(b) the reasons for those differences, and
(c) the extent to which economic, social and environmental well-being factors were considered in coming to decisions to confer different powers.”
This amendment would require the Secretary of State to publish an annual report explaining any differences in highway and traffic functions conferred on CCAs.
Alex Norris
The amendments are about two shared interests. One is a belief that devolution and the exercise of integrated transport powers are crucial to the effective operation of county combined authorities. The second is a strong belief that all county combined authorities should have access to the same powers as those who have the greatest. Given that those points are the topics of the two previous debates, I do not think there is an awful lot to add.
The case for the importance of transport connectivity has been ably made by my hon. Friend the Member for York Central. The debate has been had on access to powers, and I do not think it needs repeating. The only thing I would say is that the amendments put a limited obligation on the Secretary of State. If we are in a situation where—the Minister says this is likely, and I would concede that—some areas would be more ready, some geographies would be more natural or the leaders would be keener to receive these powers than others, there should be some account of that publicly.
Rather than saying, “These are just the two the Government have chosen and decided are good enough to receive these powers”, these amendments would mean the Secretary of State would provide another reason. That could be the geography or simply that the local leaders do not wish to receive the powers, in which case it would be a simple statement for the Secretary of State to make, but it would be an important statement and would demonstrate that the decision is being made public and is not happening behind closed doors.
Tim Farron
I will be brief. As the hon. Gentleman has said, these issues have been discussed previously. It is worth bearing in mind that some of the infrastructure—highways infrastructure in particular—might seem to be of local consideration only, but they are of national strategic importance. I am bound to pick on my own area.
Things that are under the aegis of Highways England, which are national roads, so to speak, and supported directly by the Department for Transport, are one matter. Some of the strategic road network, the layer down from that, which is looked after by local authorities, is clearly of national strategic significance. The A591 in my constituency links the motorway from junction 36 right up to Keswick and back to the north lakes. It is not part of the national strategic network belonging to the English highways agency.
That is absolutely fine, but we need to recognise that if a local authority or a collection of local authorities is going to have responsibility for such an important road—the main arterial route through the middle of the Lake district, which is the biggest visitor destination in the country after London—it needs to be adequately resourced. It may need to be resourced across more than one CCA, depending on what boundaries are considered. This is important because I want to make sure the Government are held to account for the resource that they do—or do not—provide CCAs, so that communities such as mine are not basically providing and maintaining a road for 20 million visitors on whose behalf the Government contribute nothing.
Rachael Maskell
This is an important amendment. Having served as a shadow Transport Minister, I know the importance of getting a system in place to ensure connectivity and reliability, as well as modal shift. These amendments would hold the Secretary of State to account through the requirement to set out the reasons for any inequality in the transport functions conferred on CCAs. Ultimately, the public have a right to understand the Secretary of State’s thinking on such matters, particularly as it could well have an impact on them.
As we will debate further as the Bill progresses, the national development management policies will be making particular demands around transport infrastructure in our country. I am sure that will be a major area of contentious debate, but if we are looking at some authorities having the means to address their local transport system and other local authorities not having equal means, that will create even more discontent and inequality.
Ultimately, our transport system is a national system because our connectivity across the country has to connect—that might seem an obvious point. My fear is that this inequality could mean a more stop-start approach to transport planning, as opposed to the smoothing that we know the road and bus industries—and indeed the transport sector as a whole—are calling for. Accountability for any differentiation of powers is important, and that is what these amendments call for. It is also important to understand the Secretary of State’s thinking about how they are putting the transport system together across our country.
I appreciate the Minister’s role, but what happens in what I described earlier as the capillary routes, as opposed to arterial routes, is of equal importance, because people will not maximise the opportunity of those routes if they cannot reach them. There has to be joined-up thinking that stretches beyond the remit of the Minister, but which is crucial to the Bill.
Neil O’Brien
These amendments would require the Secretary of State to publish an annual report setting out any differences in transport, highway and traffic functions conferred on CCAs, the reasons for those differences and the extent to which economic, social and environmental wellbeing factors were considered in coming to decisions to confer different powers. The reports that the amendments seek are unnecessary as the information will already be available. The hon. Member for Nottingham North said that there should be an account, and I am happy to say that there will be.
Following a successful devolution deal negotiation, the devolution deal document and councils’ proposal will set out any transport and highways roles that the CCA will have, the intended outcome and the difference these will make to the area. Whatever functions to be conferred, including any on transport and highways, will be set out in regulations, which are considered by Parliament and must be approved by Parliament before they can be made. Parliament will have an explanatory memorandum explaining which transport powers are being conferred, and why, the views of the consultees and how the conferral meets the statutory test of improving economic, social and environmental wellbeing—the exact set of issues that the Opposition are keen to hear more about.
There will be differences, as I have said, to reflect the bespoke nature of devolution deals that address the needs of an individual area, seeking to maximise local opportunities to drive levelling up. At the moment, there are no integrated transport authorities in place, but the possibility of establishing one remains. Parliament will have all of this information available through other means; this amendment would create unnecessary bureaucracy.
Alex Norris
I am happy on the basis that this information will be available to Parliament. I hope that, if it is debated, Ministers will be as candid as the Minister has been throughout today’s proceedings and explain the precise reasons for any differences. That is an important part of effective scrutiny. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 19 ordered to stand part of the Bill.
Clause 20
Directions relating to highways and traffic functions
Question proposed, That the clause stand part of the Bill.
Alex Norris
These are significant powers. We have talked about the importance of devolving highway and traffic functions to CCAs. The clause allows those powers to revert and the Secretary of State to direct. I want an assurance from the Minister that those powers would be used only in very exceptional circumstances, because I cannot believe that that ministerial lock is that necessary if we are really intending to devolve these powers.
Neil O’Brien
I should reply to that, Mr Paisley. I cannot think of any instances where these powers have been used so far. Of course, there is a scenario in which a CCA was wound up. There are some issues in a particular case in the north-east at the moment about moving from a combined authority that covers part of the area to one that covers all of the metropolitan area. It might be that there are some legal powers one needs to make that happen, which is the will of the local authorities. However, in general, it is not our intention to suck powers upwards, but to devolve them.
Question put and agreed to.
Clause 20 accordingly ordered to stand part of the Bill.
Clause 21
Contravention of regulations under section 20
Question proposed, That the clause stand part of the Bill.
Alex Norris
The clause concerns contraventions of the directions in clause 20. I know these powers have not been used and they mirror powers in the Local Democracy, Economic Development and Construction Act 2009. However, I wonder whether the Minister would understandably think that there would be some sort of arbitration before these powers were perhaps used to their fullest. Of course, finance is involved in this clause.
Neil O’Brien
I am sure there would be a lot of discussion before one came to these kind of steps, which are pretty dramatic. I am happy to discuss that further with the hon. Member for Nottingham North.
Question put and agreed to.
Clause 21 accordingly ordered to stand part of the Bill.
Clause 22
Changes to boundaries of a CCA’s area
Alex Norris
I beg to move amendment 31, in clause 22, page 19, line 15, at end insert—
“(14) Where the Secretary of State makes provision under subsection (1)(b) to remove a local government area from a CCA, they must publish a statement setting out how that local government area that will have access to the powers they have lost in the future.”
This amendment would require the Secretary of State to explain how a local government area will in future have access to the powers they have lost as a result of removal from a CCA.
The Chair
With this it will be convenient to discuss amendment 32, in clause 23, page 19, line 35, at end insert—
“(5) Where the Secretary of State makes provision under subsection (1) to dissolve a CCA’s area, they must then publish a statement setting out how the relevant local government area or areas will have access to the powers they have lost in the future.”
This amendment would require the Secretary of State to explain how a local government area will in future have access to the powers they have lost as a result of the dissolution or abolition of a CCA.
Alex Norris
The amendments alter clauses 22 and 23. Clause 22 allows the Secretary of State, with the consent of the relevant local authorities in the CCA, to change a CCA’s boundaries. I would not expect it to be a frequently used power or, certainly, to be used soon after Royal Assent, but given the Minister’s earlier example of north and south of Tyne, I can understand that there could be a context, perhaps for a combined county authority, where something similar could happen.
Similarly, clause 23 allows for dissolution. Again, there might be a context where a CCA does not leave the husk body—I think that was how the Minister characterised it earlier. What is important, and what I am probing with these amendments, is that there will be some sense that this is not about the end of the devolution settlement for those areas and that they will not lose powers, but rather there will be a confirmation that these communities still have access to the same powers. The amendments would require the Secretary of State to provide an explanation of how those communities will still get access to those powers.
Neil O’Brien
Although we have not yet established any combined county authorities, we need to look to the future and anticipate some scenario in which an established CCA wishes to change its boundary, or a CCA needs to be abolished. If that happens, Parliament will receive a statement and an explanatory memorandum explaining the boundary change or dissolution, any conferral of powers, the views of the consultees, and how it meets the statutory tests of improving economic, social and environmental wellbeing. It will then be considered in a debate. In addition, the Secretary of State may make regulations changing the area of a CCA only if that is something that the area consents to, and a CCA cannot be abolished without the consent of a majority of its members and of the Mayor, if there is one. It cannot be imposed.
Alex Norris
I am grateful for the Minister’s reply, which gives me some confidence that things will happen as we would have hoped. On that basis, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Ordered, That further consideration be now adjourned. —(Miss Dines.)
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Police Conduct and Complaints
(2 years, 5 months ago)
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Tim Loughton (East Worthing and Shoreham) (Con)
I beg to move,
That this House has considered the Sixth Report of the Home Affairs Committee, Session 2021-22, Police Conduct and Complaints, HC 140, and the Government response, HC 1264.
It is a rare pleasure to serve under your chairmanship, Ms Ghani, in this packed Chamber here today. I have the honour—as someone who is not Chair of the Home Affairs Committee—to present our report and findings, largely because I am the only one who has been on the Committee long enough to remember the report’s origins and who sat through all of the sessions. I am delighted to pick up that baton and take the challenge.
The Home Affairs Committee started its investigation in 2015. We had wanted to have a proper inquiry and report for some time, which we eventually did under the esteemed chairmanship of the right hon. Member for Kingston upon Hull North (Dame Diana Johnson), who chairs the Committee now and will speak later.
The Independent Office for Police Conduct was created in January 2018 to handle complaints against police officers and forces in England and Wales. It replaced various predecessors that had failed to keep public trust in the idea that police officers who fall below the high standards required of them are properly punished for breaches of codes of behaviour and conduct. The IOPC has a really important role, as we would all agree and as I am sure the Minister would emphasise, in maintaining public confidence in the police service in this country, where we police by consent. I will touch on some of the recommendations of the inquiry, what we found and why we did the inquiry, and also on an update from the head of the IOPC. I am largely going to leave the Government’s response to the Minister.
One thing that the Minister can now take credit for is that the Government have at last responded to our Macpherson inquiry report, which we produced a very long time ago. One of our recommendations was to get on with producing the Government’s response to our Macpherson inquiry report, and that happened a few weeks ago, but it was not a good exercise in responding speedily to a Select Committee report. I will leave that there, but the Minister might care to comment later.
It should be clear that a police officer accused of, for example, mistreating a member of the public or bullying colleagues or subordinates should be subject, like any other person working in the public service, to investigation and sanctions if proven to have done so. Public confidence is undermined if misconduct is not appropriately recognised, dealt with and punished. The Committee inquiry looked at whether the new IOPC was fulfilling its remits: bringing officers more quickly and successfully to book for conduct unbecoming and restoring public confidence in the police complaints and discipline system.
During the inquiry numerous examples of questionable policing conduct occurred—and far worse. Sadly, we are all too familiar with the high profile and appalling cases that have hit the headlines in recent months and years. The murder of Sarah Everard by a serving police officer who used his office to trap her is probably by far the most egregious example. Other prominent cases include the photographing of the bodies of Bibaa Henry and Nicole Smallman by two officers who were supposed to be guarding a crime scene. In both cases, officer behaviour was criminal and substantial jail sentences have rightly followed, including a whole-life sentence for the killer of Sarah Everard.
Criminal activity goes beyond the bounds of the police conduct and complaints process, but there is behaviour below the criminal threshold that goes well beyond the bounds of acceptable professional conduct. At Charing Cross police station in London, the IOPC revealed a series of revolting sexist, misogynist and racist messages between serving police officers as well as a culture of bullying and racism. Three officers lost their jobs and others received internal disciplinary action, from retraining to official reprimand. The IOPC has recently ordered a fully independent investigation into the behaviour of six officers who stopped and searched a car belonging to the athletes Bianca Williams and Ricardo dos Santos, who were stopped in Maida Vale in 2020. It was able to do that under new powers that have just come in to allow the IOPC to investigate without referral and for it to present its own case at police misconduct hearings.
I want to spend a little time now on Operation Midland. Indeed, the genesis of this report was some hearings that the Home Affairs Committee undertook back in 2015 regarding Operation Midland, which hon. Members will remember was a high-profile case of a completely incompetent, bungled and wasteful investigation over a long time of some high-profile figures in politics and the military. We investigated and interviewed some of the senior officers involved in that case. High-profile figures such as Lord Brittan, Field Marshall Bramall—sadly, both are now dead—and Harvey Proctor were the subject of long-running police investigations. At the inquiry, we heard from Lady Brittan, Lord Brittan’s widow.
We heard about the appalling miscarriage of justice; key figures had been hounded by an incompetent police operation and an appalling waste of resources on the basis of flimsy evidence produced by the now-revealed and now-jailed fantasist Carl Beech. That was despite repeated warnings from officers and others, who have also been badly treated by the Metropolitan police, that the long-running and costly investigation was never going to go anywhere and the evidence was not there. However, it resulted in no penalties and no punishment against the main senior officers involved. Indeed, several were promoted and some remain in lucrative and senior positions within the police service.
The Home Affairs Committee has a long-standing interest in the case and since we took testimony from some of those officers back in 2015, those testimonies have been completely and utterly discredited. Operation Midland was succeeded by Operation Vincente, and then Operation Kentia, commissioned by the IOPC, looked into the way the Met had handled the whole process. We had a further damning report by Her Majesty’s inspectorate of constabulary and fire and rescue services in 2020. The judge, Sir Richard Henriques, was commissioned to investigate the Met, but he also made very severe criticism of the way the IOPC had investigated the case. He said:
“The operation was conducted in a completely disordered and chaotic manner and was littered with mistakes, all of which could and should have been avoided by officers who were subsequently promoted.”
The force did little to improve practices for nearly three years. As Sir Richard says,
“So far as I know not one of my recommendations has either been accepted or rejected by the Metropolitan Police.”
A district judge was knowingly misled into issuing search warrants against the Brittans and there are reasonable grounds to believe that criminal acts have been committed, not by those being investigated but by the investigators, as Sir Richard Henriques found. It took almost three years for the IOPC to publish its findings in the Operation Midland affair. The lead investigator contacted Sir Richard 20 months into the investigation and readily conceded her lack of knowledge, training or education in relevant criminal proceedings. In Sir Richard’s review of Operation Midland he said he had called for a rigorous investigation and indicated that there were many questions to be asked. The IOPC failed in both respects.
HMICFRS’s report found that senior officers were preoccupied with restricting access to the Henriques report and that the Met had no plan to enact the reforms, took
“an underwhelming approach to learning the lessons”
and did almost nothing for three years. I emphasise again that no officers have been penalised as a result of Operation Midland and the subsequent unravelling of the appalling circumstances that allowed it to take place and ruin the lives of certain individuals and their families over many years.
We use that as an example because the IOPC should have been on that. It should have taken a high-profile case of clear deficiencies in police processes and accountability, looked at it properly and found that certain individuals were sorely lacking in the carrying out of their duties—but it failed to do that. Sir Richard Henriques claimed that it was a complete whitewash of the actual circumstances. That is why it is so important that we have a police complaints body that can be relied on and inspire confidence in the public. If high-profile figures, who have a recourse to parliamentary and other platforms, can be dragged down by an incompetent police operation that was not apprehended by the IOPC, what hope have our constituents with legitimate complaints about the way that they have been dealt with by the police that the IOPC will investigate fairly and thoroughly?
Our inquiry found that trust in the police was particularly low among young people, as well as among black and other minority ethnic members of our society. There is a particular problem in London. We heard in the last few days that the Met is being put in special measures. There are issues that we flag in our report that need to be considered as part of the rehabilitation of the image of the Metropolitan police and how it regains the trust of the public.
There is an old argument that such cases arise from the actions of a few bad apples spoiling the entire barrel. The volume of high-profile and successful complaints against police officers tests that argument to destruction. The police themselves no longer hold to the bad apple theory. Earlier this year, the acting Metropolitan Police Commissioner, Sir Stephen House, told the Home Affairs Committee,
“It is not a few bad apples. You cannot simply say that Wayne Couzens and a couple of other people have done something wrong. I would suggest that that has been the spearhead of the problem, but
there is a wider issue within the organisation, which we acknowledge and we are dealing with.”
I hope that is the case.
A robust independent regulator, able to quickly resolve complaints and impose sanctions that fit the misconduct of officers, is essential to public trust. Since its foundation, the IOPC has gone some way to restoring that trust—we acknowledge that in our report. The time taken to resolve complaints has reduced significantly, with the majority now dealt with in less than a year. However, the Committee’s inquiry, while recognising that success, identified a number of areas for further improvement. Just this week, we have had further information from the head of the IOPC, Michael Lockwood, about the continued progress it is making. The Home Office will be publishing its annual report with more detail in due course; the Minister may wish to comment on that.
Michael Lockwood pointed out in that letter that 90% of all independent investigations that it started were completed with 12 months. That compares favourably to the 68% of investigations completed within 12 months in the final year of the Independent Police Complaints Commission. However, while the target was 50 days for completion of the inquiry, the actual result—78 working days for completion—fell well short. In addition to that, Michael Lockwood said that the IOPC made 171 learning recommendations, which were shared with all the forces in England and Wales or directed to national organisations such as the National Police Chiefs’ Council and the College of Policing. Where a learning recommendation is issued under that power, the recipient is required to provide a response. Out of the 96 recommendations issued where a response has been received, 94% were accepted. That is a high level and is to be welcomed.
The issue of police officers’ co-operation with investigations was raised by the Committee. The guidance sets out what the IOPC considers co-operation should look like in general terms, and what police witnesses can expect. In its response to the Committee’s report, the IOPC reported progress on the number of cases awaiting a decision for more than 12 months. I think we can take that as a win for the Committee and, indeed, for the way Select Committees do their work, because Michael Lockwood goes on to say:
“Your letter to the Director of Public Prosecutions regarding these issues has helpfully brought about a greater focus and collaborative effort between our respective organisations to better understand the root causes of possible delays. We are clear there is a shared responsibility to work towards improved timeliness in decision making post investigation. To this end we are collating additional information on our cases with the CPS and agreeing how we might put in place better systems for sharing information and escalating cases.”
The IOPC made further recommendations to the England and Wales police forces about working together to develop guidelines and commissioning research into the trauma caused—predominantly to people from black, Asian and other minority ethnic backgrounds, including children and young people—by the use of stop and search, which is a topical issue that has come up in the House recently. As a result of the report, the IOPC has undertaken widespread consultation. It is clear from Michael Lockwood’s words that our report has served a positive purpose and hit home, and the IOPC has picked up many of our recommendations. So far, so good, but there is still a lot more of the job to be done.
It is an inevitable part of any complaints system that those whose complaints are not upheld will be discontent. There is none the less a perception that complaints against police officers are unlikely to succeed and that investigations are over-complex, take too long and frequently result in limited action, even against officers who have been found guilty of misconduct. It should be clear that a police officer accused of mistreating a member of the public, or of bullying colleagues or subordinates, should be subject to investigation and—if proven to have done so—sanctioned, just like any other person working in a public service. Public confidence is undermined if misconduct is not appropriately punished, and the Home Office and the Home Secretary need to ensure that that message is received and acted on at the highest level of our 43 police forces, particularly as a new commissioner is chosen for the Metropolitan police.
During our inquiry, the question arose as to whether the IOPC should be staffed by investigators who are not former police officers. Opinion was divided on whether those who had previously served in the police should be excluded because they would potentially be marking their own homework or that of their colleagues. On the other side of the argument, we acknowledge that ex-police officers bring skills learned on the job and an understanding of police culture that is beneficial in investigations. It seems that an appropriate balance of former serving officers and investigators with other backgrounds is the right one to strike, but it may be that the IOPC should seek to widen its pool of potential candidates to include those with investigative experience from other spheres, including former military personnel.
At a more technical level, the IOPC has been headed since its creation by a director general without the support and oversight of an independent chair of the board, with Michael Lockwood effectively acting in both roles. He has held that post and been responsible for driving some of the improvements in the speed of investigations, as I have already mentioned. Mr Lockwood was relaxed when he gave us evidence on whether the time had come for more normal arrangements to be made for the organisation’s governance, as we would typically find in any business. It is now very rare, and often frowned upon, to find the same person occupying the roles of chair and chief executive of a board of a company. The Committee therefore recommended that the Government consider appointing a chair to the IOPC. We are glad to see from its response that the question will be considered in an upcoming review, and we hope that a fully accountable governance structure can now be put in place.
Perhaps the most worrying evidence we heard was of obstruction and delay in dealing with complaints, with the IOPC blaming officers for delays, and policing organisations blaming the IOPC. We recommend the creation of a culture, led from the top, that requires rapid, open and non-defensive responses to complaints about conduct. Quick and fair decisions are essential both to satisfy members of the public who complain about conduct and to clear the names of police officers who may be falsely accused of breaching standards, whose reputations can only suffer from long, dragged-out cases, and whose careers may be in limbo while an investigation is ongoing.
The IOPC could do more to use its powers actively to call to account officers who appear not to co-operate with investigations, and chief constables should also do all in their power to ensure that officers do not treat complaints as an inconvenience or a triviality. IOPC reports on cases below the level of the egregious examples I gave earlier in my speech now result in learning recommendations for forces, and a strong focus is needed to ensure that the learning available is adopted and embedded within the police.
On the delay issue, I would cite an example from my own experience. Some years ago, I was the subject of a police investigation as a result of a wholly vexatious complaint from a constituent. That later became the subject of an inquiry by the Standards Committee that found that the chief constable of Sussex had been in breach of parliamentary protocols and of privilege. I subsequently lodged a complaint with the forerunner of the IOPC, which took well over three years to investigate. During that process, the possibility of criminal behaviour by one of the investigating officers was raised, because he had frustrated the investigation process to play for time.
When the complaint body reported, it upheld four of my five complaints, casting a good deal of blame on the officers involved, right up to the chief constable of Sussex. The problem was that when the report eventually came out, every single senior officer who was a subject of the report had retired and no action could be taken against them. It is that sort of frustration that people feel, and there is no excuse for such long, drawn-out investigations. Such investigations are not in anybody’s interest, be they the complainer or the target of the investigations. I am glad that measures, which the Minister may want to mention, have been put in place to allow retrospective action to be taken if it so happens that police officers are no longer employed directly in the police force.
I will touch briefly on the Committee’s other main conclusions. I mentioned that we recommended that the role of chair and chief executive should be split, and the Government have responded to that. We urge the Government to consider police complaints as part of the review of the police and crime commissioner model that is currently under way, and to make an early assessment of PCC involvement in the police complaints system.
PCCs are an under-utilised resource. They exist to be democratic bodies that are accountable to local residents and taxpayers, and have developed a good deal of knowledge. My own PCC, Katy Bourne, is one of the most experienced and respected of the PCCs, and has undertaken a lot of helpful initiatives and is very public facing. We should involve PCCs more in how we deal with complaints, because they do not want to have lots of complaints against their own police constabulary. It would inform their work better if they were more integrated with the complaints that come in, as he or she could see whether there is a problem that they need to do something about at a senior level. That is an important Committee recommendation for the Home Office on the work it is currently undertaking.
It may be too soon to understand whether PCC involvement in the police complaints system is realising the benefits that the Government hope for, but we are concerned that the Government are not doing enough to monitor the implementation of the new PCC complaints model or to encourage uptake. We note that there are enhanced opportunities for PCCs to play a greater role in the local complaints process following the reforms in 2020. The three models present a unique opportunity for PCCs as part of their complaint handling responsibilities proactively and systematically to support more effective complaint systems within their forces, although what they do should not delay complaint handling processes any further.
We urge the Government to fund PCCs adequately, so they are able to take on those models as a minimum requirement in their complaint handling roles. This will provide PCCs the opportunity to work more closely with their forces, for example, to record and systematically monitor the root causes of complaints and recurrent issues that affect their communities disproportionately and how their forces resolve those issues. The input of PCCs and their commitment to do something about the issue within their local constabularies should be a win-win situation for PCCs and for the complaints process.
The Government’s recent changes to the police complaints and discipline system were intended to simplify and speed up the process. None the less, the language used to explain systems to members of the public who wish to make complaints remains too complex and technical, which contributes to public disengagement and lack of confidence in the system.
The Committee recommended that the police discipline system needs to be simpler and more transparent. All key stakeholders in the policing sphere—the IOPC, the National Police Chiefs’ Council, the forces, the College of Policing and the Crown Prosecution Service—should be required to publish plain language versions of the systems available in different languages and accessible formats, which should be made available online and in print.
I mentioned earlier that there is a clear absence of urgency and a culture of non-co-operation from some police forces involved in investigations. Appropriate sanctions must therefore follow for any officer with disciplinary proceedings, whether serving or retired. Specific reforms were made to the discipline system under the implementation of the 2020 reforms, including the possibility for former officers to face disciplinary proceedings if allegations came to light within 12 months of their leaving the force, but that still may not be thorough enough.
The example of the IOPC taking seven years to clear one police officer of misconduct is an exceptional case, but demonstrates why the IOPC must focus its efforts on concluding investigations as quickly as possible. Quite aside from the effect on an individual’s morale, the removal of officers under investigation from frontline duties for lengthy periods may add to the strain on police resources generally, as well as blighting that officer’s career. The IOPC must also take care that its power to reinvestigate cases already concluded locally is used sparingly and when there is a clear public interest in undertaking further inquiry.
We recommended that a culture needs to be created within police forces—established by and led from the top—that requires rapid, open and non-defensive response to complaints about conduct, both to deal with misconduct where it arises, and to clear the names and reputations of officers who have not transgressed. This should not just be a finger-pointing exercise. It must be a learning exercise as well.
From my experience—such as on the child safeguarding programme or with the work of the former Secretary of State for Health, my right hon. Friend the Member for South West Surrey (Jeremy Hunt), on accidents at work and patients who have suffered severe consequences—this is not just a question of whether it was an incompetent police officer, or surgeon in the health case, or child protection officer; it is about asking how the system allowed it to happen. That is the so-called black box approach, and we need to see far more of it in policing to encourage people to come forward when there are problems, so that we can make the problems right without those people being scared doing so because somebody will point a finger at them and everybody will automatically be blamed. It can be down to the system that stands in the way of people doing their jobs as best they can.
The IOPC must use its powers effectively to minimise delays to investigations at an early stage of the process. It should proactively call to account those responsible for delays or who refuse to co-operate with investigations. Police forces, individual officers and their representative organisations must take more responsibility for rooting out bad behaviour and lifting the cloud of complaint against officers who have done their exceptionally difficult job properly.
We welcome the super-complaints process and are encouraged by the Home Office’s pledge to review the designated bodies that can submit super-complaints on systemic issues in policing in order to include a broader range of organisations, including disability organisations. We urge the Home Office to highlight on its super-complaints website that the 16 designated bodies should collaborate with non-designated bodies as appropriate to make a complaint on matters raised by non-designated bodies.
We recommend that the Government monitor and review biannually how effectively local policing bodies are holding their chief constables accountable for implementing IOPC recommendations in their forces, and report the outcomes to the Select Committee. We urge the Government to review how the IOPC, the HMICFRS and coroners’ learning recommendations are reported to the public in a more joined-up and meaningful way, and we recommend that data be published centrally in order to simplify and streamline access to this important information.
There are a lot of sensible and proportionate recommendations there. In many cases, the Government and the Home Office have responded favourably.
Our report and the evidence we published alongside it contains many examples of what police misconduct feels like to members of the public who experience it. Aside from the high-profile examples I have given, most cases are more routine, more local and more capable of quick resolution. Typical complaints may be about how the police have treated a person—rudeness, use of excessive force, abuse of rights or wrongful arrest, for example. There is no excuse for those complaints not to be turned around much more rapidly.
As I said at the outset, our society is policed by consent. We give police officers considerable powers to do a job that is often difficult, dangerous and always essential to our safety and security, and the vast majority of officers perform that duty in an exemplary manner. The granting of those powers comes, however, with a duty to the public, who the police serve—that the police will conduct themselves according to the highest possible standards of professional behaviour.
Officers who commit crimes are subject to the full force of the law. Steps have been taken to ensure that those who fall below those standards are identified, and that sanctions are taken, ranging from retraining to dismissal from the force. The IOPC deserves credit for those steps. It also requires our exhortation to go further and faster to re-establish full trust in our constabularies. Part of the job is done, but there is more to go.
Ms Nusrat Ghani (in the Chair)
Before I call other colleagues, I must put it on record that I was also once a member of the Home Affairs Select Committee, so I look forward to the Minister’s response. I can confirm the long-standing membership of the hon. Member for East Worthing and Shoreham (Tim Loughton)—maybe we should refer to him as the “Father of the Committee”.
Dame Diana Johnson (Kingston upon Hull North) (Lab)
It is a pleasure to serve under you this afternoon, Ms Ghani. I think it is an excellent idea to recognise the hon. Member for East Worthing and Shoreham (Tim Loughton) and his long-standing membership of the Home Affairs Committee. His institutional memory of what has happened on that Committee has certainly been important not only in putting together this report, but in our work on policing.
The hon. Member has set out clearly and effectively the findings and recommendations of our report. It is quite clear that the Home Affairs Committee inquiry looked at the role and remit of the IOPC in relation to the police complaints and discipline system, and explored the continuing disquiet at the way in which police forces in England and Wales investigate and deal with complaints about the conduct of forces and individual officers. Importantly, we sought to consider what changes might be required to improve public confidence in the police complaints and discipline system.
We thought it was important to undertake parliamentary scrutiny of that important role, given, as the hon. Member for East Worthing and Shoreham said, the establishment of the newly created IOPC in January 2018, and because the Committee had not looked at the topic for nine years, since the publication of its last report on the matter—I do not think the hon. Gentleman was a member of the Committee at that point. Our report has covered several different areas, which were set out effectively. I will focus my contribution on a couple of areas that we looked at in the Committee that will hopefully complement what the hon. Gentleman said in his opening remarks. First, I will focus on the treatment of vulnerable adults, specifically people with autism, and how they interact in the police complaints process.
A well-functioning conduct and complaints system is essential to maintaining the trust in the balance created by the founding Peel principles between the police and public. Despite the welcome reforms and improvements, some submissions to our inquiry demonstrate that there is continuing dissatisfaction with the handling of police complaints, and that much more work is needed to address both complainants’ and officers’ concerns. In our report, we noted that the IOPC impact report 2020-21 stated that 43% of people surveyed were confident that the IOPC did a good job, compared with 44% in 2019-20. Obviously, there is still a lot of work to do.
In the evidence heard and received during the course of our inquiry, individuals with autism and parents of children with autism outlined systemic issues in their treatment in the police complaints and criminal justice process. Many felt they had been badly let down by the IOPC and the police, and that that had caused distress to families and friends.
Fiona Laskaris, whose autistic son Christopher was unlawfully killed by a drug addict in 2016, told us:
“the IOPC urgently needs to start engaging in a meaningful way in cases involving people with disabilities, and particularly… with autism”.
Fiona argued that cases involving people with autism
“warrant an enhanced level of independent scrutiny”
and suggested the existing statutory safeguarding duties to protect vulnerable adults who come into contact with the police were not working.
We received anonymous evidence that one autistic person, who had experienced frequent contact with the police, including being arrested for alleged attacks, was not treated as a vulnerable adult, even though they informed the police they were autistic and had requested an appropriate adult for assistance. The anonymous submission claimed that the police “never acknowledge or check” their autism awareness card, even when their wallet is being searched, which always happens when the police seize personal items.
The Home Secretary wrote to the Committee on 9 December 2021 and said,
“Many police forces have developed additional training programmes”
and
“various autism alert card schemes, apps, and the creation of easy-read ‘widget-based’ sheets (using icons or pictographs) to aid communication in custody suites.”
She highlighted the IOPC statutory guidance for forces on complaint handling, which outlines the
“importance of accessibility as well as the duty under the Equality Act 2010 to make reasonable adjustments to ensure that a disabled person does not suffer any substantial disadvantage when accessing a service.”
The Home Secretary said it was
“important that those dealing with complaints recognise the particular vulnerabilities of individuals with autism”.
In spite of these welcome statements by the Home Secretary, some evidence to our Committee suggests that autistic people are still not always been treated fairly by the police.
I want to say a little more about super-complaints, which the hon. Member for East Worthing and Shoreham commented on. In her evidence to the Committee, Fiona Laskaris, who I mentioned earlier, proposed that the super-complaints process could be used to investigate system failures in the treatment of vulnerable adults, specifically people with autism. Since November 2018, the super-complaints process has enabled designated public and charitable organisations to ask HMICFRS, the IOPC and the College of Policing to consider investigating what they think are systemic issues affecting policing in England and Wales.
Our report expressed concern that of the 16 organisations designated by the Home Office that can raise such issues or concerns on behalf of the public, no specialist organisation represents complainants with disabilities, including autism. The Home Secretary wrote to the Committee in December 2021 and pledged to review the designated bodies that can submit super-complaints on systemic issues in policing to include a broader range of organisations, including disability organisations. We welcome that commitment, but nearly two years on, I hope the Minister can confirm when the Government will review the super-complaints system. As we have heard, the Home Secretary confirmed to the Committee that a designated body should collaborate with non-designated organisations and, where appropriate, make a complaint on the basis of the matters raised.
Our recommendation was that the Home Office should highlight on its super-complaints website that the 16 designated bodies should collaborate with non-designated bodies as appropriate to make a complaint on matters raised by those non-designated bodies. We are pleased that the Government have made that change on their super-complaints website, but we urge them, the IOPC and other relevant policing bodies to make the public aware that the super-complaints process is accessible to all groups and interests.
I thank everybody who assisted the Home Affairs Committee in our inquiry. We will be watching what happens on our recommendations in this area, and following progress over the months and years to come on this important issue, as we know police misconduct and complaints have been in the news a lot in recent times, and it is very much an issue that the public care about.
Ms Nusrat Ghani (in the Chair)
Before I call the shadow Minister, I can see that Sir Peter Bottomley has joined us—do you wish to contribute, Sir Peter?
Ms Nusrat Ghani (in the Chair)
Thank you. I call the shadow Minister, Naz Shah.
Naz Shah (Bradford West) (Lab)
Thank you, Ms Ghani; it is a real pleasure to serve under your chairmanship. I was on the Home Affairs Committee at the same time as you, and I agree with you that we should perhaps call the hon. Member for East Worthing and Shoreham (Tim Loughton) the Father of the Committee.
Naz Shah
Absolutely. I thank my right hon. Friend the Member for Kingston upon Hull North (Dame Diana Johnson), who chairs the Committee, and the hon. Member for East Worthing and Shoreham for securing this important debate, and I thank the wider Committee for its important and timely scrutiny of this issue. Like both Members have said, it is very much in the news at the moment—it is top of the agenda, and rightly so.
It is also right that we thank those who submitted evidence, written or oral, to the inquiry to help shine a light on this issue. In particular, my right hon. Friend referred to the anonymous submissions, which are very significant. I thank her for highlighting the issue of autism and disability. Will the Minister say where we are with the super-complaints and the 16 designated bodies? We do not have anybody representing those with disabilities; will the Government be making any recommendations to get an organisation that does? What will they do to strengthen that process?
I thank the hon. Member for East Worthing and Shoreham for highlighting his personal experience, of which I was unaware, with respect to Operation Midland. As he said, we are in privileged positions, so the fact that it took him three years to get a resolution, with doors closed on him and the closing of ranks right up to the chief constable of Sussex, is deeply worrying. That was the situation despite our being in positions of power and privilege—even more reason for us to ensure that the Government respond appropriately to this debate and take on the Committee’s recommendations.
The official Opposition believe that the Committee’s report is a timely and thorough examination of the police complaints process, and that the Government must properly heed its recommendations. All Members—Government and Opposition—support the long-standing principle of policing by consent in this country. That principle is fundamental to maintaining public support in our criminal justice system, and law and order more widely.
The hon. Member for East Worthing and Shoreham referred to the horrible murders of Nicole Smallman and Bibaa Henry. The fact that the police officers took those horrific pictures of the bodies was used by the defence team during the trial. This is not just about the complaints; it is about the impact of those complaints and what that can lead to with respect to justice for victims of crime.
The principle of policing by consent separates our policing system from many of those around the world. It is a principle that must be protected and strengthened. But the process must be underpinned by robust and well-functioning systems of complaint and redress for members of the public who believe that proper procedures have not been followed, whether on purpose or inadvertently. That is vital in maintaining public trust in our police, and in ensuring that the hard work of the great majority of police officers is not undermined and that, when mistakes arise, they are learned from.
It has been said during the debate—no doubt the Minister will reiterate it—that police officers regularly go above and beyond, in some instances risking their lives, to keep the public safe and fight crime. We have experienced that here in Westminster, and we continue to experience it across the country. However, as the Committee’s report notes, appalling examples of misconduct, such as the one that occurred with the murder of Sarah Everard, and the disgraceful, misogynistic, racist and bullying behaviour of a substantial number of officers at London’s Charing Cross police station, add to a long list of serious breaches of public trust. That is why we, the official Opposition, agree with the Committee that there is a strong need for cultural change right from, to ensure that lessons are learned from past mistakes, that proper action is taken to address poor or unprofessional behaviour, and that police forces up and down the country demonstrate that they understand that public trust in policing needs to be earned and constantly maintained.
I am pleased that the Committee has highlighted the advances that the IOPC has made since it replaced the Independent Police Complaints Commission. However, serious concerns remain about the transparency of the IOPC’s operations. I note that the Committee has particularly highlighted the poor communication with regard to its inquiries, including with Lady Brittan over the false allegations made against her late husband, Lord Brittan. It is vital that the IOPC, as well as the Government, takes note of this cross-party Committee’s recommendations.
My hon. Friend the Member for Croydon Central (Sarah Jones) is sorry that she cannot be here, but during yesterday’s ministerial statement in the main Chamber on the Metropolitan police, she was clear that the Home Office must not stand back from this issue. It needs real leadership to drive reforms through. The Home Secretary and her Department must engage seriously with police reform to stop appalling scandals of the kind we have seen in recent years.
My right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper), the shadow Home Secretary, has also been pushing for reform, having been the Chair of the Committee when this inquiry was initiated. Sadly, we have heard yet more examples today that show why it is important to shine a light on these issues.
Labour has consistently called for an overhaul of police standards. We want to see: much stronger vetting processes, better training, including on issues such as misogyny and racism, quicker and more robust misconduct proceedings, and better guidance on the use of social media, including WhatsApp, by police officers and staff. In the wake of the Child Q case, we also called for updated national guidance—which we are yet to see—on the strip-searching of children. When the Minister gets to his feet, I would be grateful if he could confirm what steps his Department is taking in each of these areas.
We know that there are several ongoing inquiries and reviews into policing, including the Casey and Angiolini inquiries, and the HMICFRS review of vetting. These are important pieces of work, and the Opposition look forward to reading their conclusions and recommendations. However, we could be waiting months for these inquiries to conclude, with the implementation of any recommendations taking even longer. As has been said in this debate, that is not okay. As my hon. Friend the Member for Croydon Central emphasised yesterday, we must have action now to address these issues. We cannot afford to wait.
Can the Minister also outline what progress the Home Office has made in implementing the Committee’s recommendations? In particular, could he provide an update on the steps taken in response to recommendation 9, which relates to the speeding up of complaints, investigation and disciplinary processes? In far too many cases, police officers who are disciplined for misconduct remain in their posts for months, if not years, while misconduct proceedings are set up. That was certainly true in the recent Charing Cross case, and the hon. Member for East Worthing and Shoreham mentioned that his case took three years and that the officers involved had actually retired by that point. That does not give us confidence. Wherever standards in policing fall short, they should be dealt with as quickly and efficiently as possible. Can the Minister outline what steps are being taken in this specific area?
Police officers up and down this country do incredibly important work, including in my area of Bradford, which is covered by West Yorkshire police. Members from across the House will have countless stories of police officers and staff going above and beyond, running towards danger and serving their communities. I want to put on record my thanks to West Yorkshire police, because we had the loss of Jo Cox, but the police step up and protect us as MPs, so that we can do our job, including in this place. It is in the interests of us all—politicians, police and the public—to ensure the highest possible standards for our police service. Serious work is needed, which includes reforming the police complaints system.
Again, I thank my right hon. Friend the Member for Kingston upon Hull North, who is the Chair of the Home Affairs Committee, and the hon. Member for East Worthing and Shoreham for securing this debate and for keeping up the pressure on this very important issue.
The Minister for Crime and Policing (Kit Malthouse)
It is a great pleasure, Ms Ghani, to appear before you for the first time and also to appear for the first time before someone who was elected to the Commons on the same day that I was. That happy day in 2015 seems an awful long time ago. [Laughter.] I am very grateful—
Ms Nusrat Ghani (in the Chair)
Order. I hope the Minister is not trying to sway the Chairperson. I note for the record that it will have no relevance to the rest of the debate.
Kit Malthouse
I am also grateful to the assembled members—current and former—of the Home Affairs Committee for contributing to this debate. I am particularly grateful to the current members, the right hon. Member for Kingston upon Hull North (Dame Diana Johnson) and my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton), for securing it. It is an immensely important topic. We have had some interesting contributions, which I will take away and digest.
As a number of Members have said, the police perform a unique and critical role in our society. The public look to them for protection and reassurance and, in certain circumstances, through us, authorise them to sometimes use lethal force against our fellow citizens. The public rightly expect all who serve to uphold high standards of conduct and professionalism. As I have said on many occasions—pretty much since I was appointed deputy Mayor for policing more than a decade ago—public confidence and trust are integral to the long-standing model of policing by consent. It is fundamental to the very essence of policing in the United Kingdom. I have worked hard during my career in fighting crime to ensure that we cleave to that model and do not drift towards the warrior model of policing that we see in other jurisdictions.
A range of elements come together to form the full picture when it comes to securing and maintaining public confidence. One of those is an effective conduct and complaints system. As Members have said, the vast majority of police officers already act with the highest standards of professionalism. It is therefore all the more disappointing and, in some instances, completely shocking when the behaviour and actions of a few undermine the hard work of their dedicated colleagues. When things do go wrong it is vital that the systems in place are robust and fair, and stand up to scrutiny.
I note the positive comments in the Committee’s report on the February 2020 reforms made to the police conduct and complaints systems and the significant improvement in the IOPC since 2018. Of course, we accept that there is more to do. With policing—indeed, with any major public service—complacency is something we must fight against with all our might and energy. We must strive constantly for improvement; the public deserve nothing less.
As my hon. Friend the Member for East Worthing and Shoreham mentioned, the Independent Office for Police Conduct was launched in 2018 following reforms to the IPCC, which scrapped the old commission structure in favour of a single head of the organisation. The new structure resulted in the director general having a combined role that includes chairing the unitary board. The aim of having a single role was to both streamline and demonstrate the independence of decision making to enhance public and police confidence. Scrutiny of and support for the director general is provided by the unitary board, on which the non-executive directors must be in a majority. There is a senior independent non-executive director.
Since its launch in January 2018 and under Michael Lockwood’s leadership, the IOPC has completed more than 91% of the core independent investigations started since then within 12 months. The average length of all investigations has fallen from more than 11 months in 2018 to less than nine months now. I understand that the backlog that was inherited on the conversion to the IOPC has been eliminated. That is huge progress, which, I am happy to say, was also highlighted in the Committee’s report. My hon. Friend the Member for East Worthing and Shoreham asked about the number of former police officers on the staff: it is 28%. That is a number that we need to keep an eye on, as he said, in terms of their expertise.
Last year, the Home Secretary announced that she was bringing forward the first periodic review of the IOPC, in response to pressure from my hon. Friend and others. Such reviews of the Government’s arm’s length bodies typically consider the effectiveness of an organisation and its fitness for purpose. We agree that the existing governance structure, along with the Home Affairs Committee’s specific recommendation on the director general’s role, should be looked at as part of that review. The review has not started; however, we are currently working on the arrangements, including identifying an independent reviewer. We will update the Committee when we are able to confirm further details.
The Government are clear in our determination to listen and act on issues important to the general public and their confidence in policing—including accountability, which is crucial to public trust. As colleagues will recall from the Committee’s report, the IOPC is already making a concerted effort to uphold confidence in the police complaints system, which includes greater transparency in the publication of investigation outcomes, actively listening to policing bodies and communities about their concerns, improved investigation timeliness and thematic reviews.
The legislative reforms in 2020 to overhaul the police complaints and disciplinary system were wide ranging, and were designed to simplify processes while increasing transparency and independence. The reforms have significantly reduced the bureaucracy in handling low-level customer service matters, which account for the majority of complaints. The most serious cases continue to be dealt with under robust processes, including independent investigations by the IOPC.
We continue to engage with policing stakeholders across the piece, including the National Police Chiefs’ Council, and we welcome the ongoing engagement of the Police Federation and other staff associations. We have agreed to review the impact of the reforms, including considering the role of police and crime commissioners in policing complaints. As part of that wider review, we will look at the issues raised by the right hon. Member for Kingston upon Hull North about super-complaints.
Recent high-profile cases of misconduct have shone a light on the culture that exists in some areas of policing. Aside from examples of appalling behaviour that has no place anywhere, let alone within an institution entrusted to protect the public, there is a wider impact on how policing is perceived. When standards are not met, it not only undermines the excellent work done by thousands of officers, staff and volunteers day in, day out, but risks damaging the legitimacy of policing in the eyes of the public. It is therefore crucial that there are effective systems and safeguards in place to ensure that all officers adhere to the high standards expected of them and that breaches of those standards are identified quickly and dealt with appropriately.
Although the Government have overseen significant progress in the police complaints system in recent years, we do agree that forces, individuals and their representative organisations must take further responsibility for rooting out bad behaviour. The College of Policing is currently undertaking a review of the code of ethics. The review will provide clear expectations that everyone in policing has a duty to challenge and report behaviour that undermines the profession and damages public confidence, and to be open and accountable and learn from mistakes at an organisational and individual level.
As part of the 2020 integrity reforms, the Home Office introduced a duty of co-operation for police officers. The duty provides clarity on the level of co-operation required by an officer where they are a witness in an investigation, inquiry, or other formal proceedings. Failure to co-operate is a breach of the professional standards and can be dealt with by police forces accordingly.
The Government will respond in due course to Bishop James Jones’s report on the experiences of the Hillsborough families and the report of the Daniel Morgan independent panel. The Government will also consider calls for a broader duty of candour for public bodies and authorities—an issue raised by various Members.
Colleagues may also recall that the Home Secretary has announced the Angiolini inquiry, which a couple of Members referred to, part two of which is expected to consider wider policing matters, such as barriers to whistleblowing, vetting practices, and professional standards and discipline, including workplace cultures. As my hon. Friend the Member for East Worthing and Shoreham pointed out, since 2017 it has been the case that retired police officers can be brought back to face gross misconduct proceedings.
I again thank members of the Committee for securing this debate. I am grateful for the opportunity that it has provided me to underscore just how seriously we take this issue. This is not an end point in our work on police integrity and the complaints system. As I said in my opening remarks, the maintenance of trust and the model of consent require constant attention and adjustment as we face different circumstances and incidents. The Committee has my undertaking that we will report to it on our progress on this issue. We will take seriously its report and weave it into the work that we do. We will continue with the work programme to reinforce the fundamental foundation of policing in this country, which is the trust and confidence that the British public have and the consent that they give to the policing model.
Ms Nusrat Ghani (in the Chair)
Thank you, Minister—not an end point. I call Mr Tim Loughton to respond and wind up.
Tim Loughton
Thank you, Ms Ghani. I thank all right hon. and hon. Members who have taken part in this debate, which has felt more like a Home Affairs Committee alumni reunion at times, given that you, Ms Ghani, and the Opposition spokesperson, the hon. Member for Bradford West (Naz Shah), and the two Back-Bench speakers are all former or current members of the Committee. Only the Minister and his Parliamentary Private Secretary, my hon. Friend the Member for South West Hertfordshire (Mr Mohindra), have never added to the greatness of that Committee or benefited from being members of it in the past. But who knows? Those days might lie ahead, as many of us have found out.
This is a good report from the Select Committee. I think that the Government response to it was better than many others and made some helpful observations. It is clear from the Minister’s words that the considerations that we have raised are very much forming part of further research, reviews and reforms that the Home Office is looking at in relation to various other aspects of policing. That is very much to be welcomed. We also very much welcome his commitment to continuing to keep the Committee informed on that progress, because it is germane to much of the work that the Home Office and Home Affairs Committee do in relation to so many aspects of policing.
As I said earlier, it has probably never been more important that we do much more to restore public confidence in the police, which has suffered some quite severe blows from bad apples, and more, in recent months and years. It is in everybody’s interests if we can do that. I hope this report has put the IOPC’s work and the importance of an effective and efficient complaints body firmly on the radar, particularly for the Home Office. We absolutely need a complaints system that has urgency, speed, thoroughness and credibility at its heart, and that absolutely acknowledges that it needs to be able to do its job with the confidence of the public, whom the police are there to protect. Therefore this is not an end point. I am glad that the Minister has realised that there is more work to be done. It is a subject for constant attention and adjustment.
In closing the debate, I thank all the police for the extraordinary bravery and the importance of the work that they take for granted and do day in, day out, and that we should not take for granted. The vast majority of police officers, who serve to protect us, do an outstanding job. It is in their interests, perhaps more than most, that they are scrutinised by a complaints system that is robust and respected and inspires confidence in the public whom they police, if we are to continue with the greatly valued system of policing by consent, which we have had in this country since Peel and which we very much hope will continue. The IOPC plays an important part in that, so getting it right is absolutely vital. I am pleased that we have had the opportunity to put all those comments on the record today. Thank you, Ms Ghani.
Question put and agreed to.
Resolved,
That this House has considered the Sixth Report of the Home Affairs Committee, Session 2021-22, Police Conduct and Complaints, HC 140, and the Government response, HC 1264.
Relationship and Sex Education Materials in Schools
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BACKBENCH BUSINESS
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Miriam Cates (Penistone and Stocksbridge) (Con)
I beg to move,
That this House has considered relationship and sex education materials in schools.
I thank my hon. Friend the Member for Thurrock (Jackie Doyle-Price) and the hon. Member for Canterbury (Rosie Duffield) who have co-sponsored this debate, and the Backbench Business Committee, which has been so generous with the time allowed—we will try not to take it all up.
Let me start with a health warning: my speech is not suitable for children. That is sadly ironic, given that all of the extreme and inappropriate material I am about to share has already been shared with children in our schools. As a former biology teacher, I have delivered my fair share of sex education. Teaching the facts of life often comes with more than a little embarrassment for teachers and pupils alike. I remember teaching about reproduction when I was about 30 weeks pregnant with my first baby. One child asked me if my husband knew I was pregnant. Another, having watched a video on labour and birth, commented, “Miss, that’s really gonna hurt, you know.”
Just as children do not know about photosynthesis or the digestive system without being taught, neither do they know the facts of reproduction. Thus, it is important that children are taught clearly and truthfully about sex. Of course, there is a lot more to sexual relationships than just anatomy. Many people believe that parents should take the leading role in teaching children about relationships, since one of the main duties of parenting is to pass on wisdom and values to children. Nevertheless, in some families parents cannot or do not teach children about relationships, and it is also sadly the case that the internet now presents children with a vast array of false and damaging information about sex.
There is widespread consensus that schools do have a role to play in relationships and sex education. That is why the Government chose to make the teaching of relationships and sex education compulsory in all secondary schools from September 2020. According to the guidance, the aim was to help children
“manage their academic, personal and social lives in a positive way.”
Less than two years later, my right hon. Friend the Education Secretary has written to the Children’s Commissioner asking her for help in supporting schools to teach RSE because we know that the quality of RSE is inconsistent.
The Education Secretary is right that the teaching of sex education is inconsistent. Unlike maths, science or history, there are no widely adopted schemes of work or examinations, so the subject matter and materials vary widely between schools. However, inconsistency should be the least of the Education Secretary’s concerns when we look at the reality of what is being taught. Despite its good intentions, the new RSE framework has opened the floodgates to a whole host of external providers who offer sex education materials to schools. Now, children across the country are being exposed to a plethora of deeply inappropriate, wildly inaccurate, sexually explicit and damaging materials in the name of sex education. That is extremely concerning for a number of reasons.
First, if we fail to teach children clearly and factually about relationships, sex and the law they will be exposed to all sorts of risks. For example, if sex is defined as, “anything that makes you horny or aroused”—the definition offered by the sex education provider, School of Sexuality Education—how does a child understand the link between sex and pregnancy? Sex Education Forum tells children they fall into one of two groups: menstruators or non-menstruators. If a teenage girl’s periods do not start, what will she think? How does she know that is not normal? How does she know to consult a doctor? How will she know she is not pregnant? Will she just assume she is one of the non-menstruators?
The book for teachers, “Great Relationships and Sex Education”, suggests an activity for 15-year-olds in which children are given prompt cards and have to say whether they think certain types of sexual acts are good or bad. How do the children know what acts come with health risks, or the risk of pregnancy or sexually transmitted infections? If we tell children that, “love has no age”—the slogan used in a Diversity Role Models resource—do we undermine their understanding of the legal age of consent? Sex education provider Bish Training informs children that:
“Most people would say that they had a penis and testicles or a clitoris and vagina, however many people are in the middle of this spectrum with how their bodies are configured.”
As a former biology teacher, I do not even know where to start with that one.
As adults, we often fail to remember what it is like to be a child and we make the mistake of assuming that children know more than they do. Children have all sorts of misconceptions. That is why it is our responsibility to teach them factually, truthfully and in age-appropriate ways, so that they can make informed decisions.
Another concern relates to the teaching of consent. Of course it is vital to teach about consent. The Everyone’s Invited revelations make that abundantly clear. But we must remember that, under the law, children cannot consent to sex. Sex education classes conducted by the group It Happens Education told boys of 13 and 14 that the law
“is not there to…punish young people for having consensual sex”
and said:
“It’s just two 14 year olds who want to have sex with each other who are consensually having sex.”
It is not hard to see the risks of this approach, which normalises and legitimises under-age sex. Not only are children legally not able to consent; they also do not have the developmental maturity or capacity to consent to sexual activity—that is the point of the age of consent.
The introduction of graphic or extreme sexual material in sex education lessons also reinforces the porn culture that is damaging our children in such a devastating way. Of course it is not the fault of schools that half of all 14-year-olds have seen pornography online—much of it violent and degrading—but some RSE lessons are actively contributing to the sexualisation and adultification of children. The Proud Trust has produced a dice game encouraging children to discuss explicit sexual acts, based on the roll of a dice. The six sides of the dice name different body parts—such as anus, vulva, penis and mouth—and objects. Two dice are thrown and children must name a pleasurable sexual act that can take place between the two body parts. The game is aimed at children of 13 and over.
Sexwise is a website run and funded by the Department of Health and Social Care and recommended in the Department for Education’s RSE guidance. The website is promoted in schools and contains the following advice:
“Maybe you read a really hot bit of erotica while looking up Dominance and Submission…Remember, sharing is caring”.
Sex education materials produced by Bish Training involve discussion of a wide range of sexual practices—some of them violent. This includes rough sex, spanking, choking, BDSM and kink. Bish is aimed at young people of 14 and over and provides training materials for teachers.
Even when materials are not extreme, we must still be careful not to sexualise children prematurely. I spoke to a mother who told me how her 11-year-old son had been shown a PowerPoint presentation in a lesson on sexuality. It was setting out characteristics and behaviours and asking children to read through the lists and decide whether they were straight, gay or bisexual. Pre-pubescent 11-year-olds are not straight, gay or bisexual—they are children.
Even School Diversity Week, a celebration of LGBTQIA+ promoted by the Just Like Us group, leads to the sexualisation of children. Of course schools should celebrate diversity and promote tolerance, but why are we doing that by asking pre-sexual children to align themselves with adult sexual liberation campaigns? Let us not forget that the + includes kink, BDSM and fetish.
Jackie Doyle-Price (Thurrock) (Con)
My hon. Friend is giving a very illuminating speech. The material that she is talking about talks about the detailed practice of sexual acts. She is a former biology teacher herself. Are there not proper boundaries that teachers have to respect in teaching sex education, so that it does not get into talk about behaviours that really strays into a relationship that teachers and children should not have?
Miriam Cates
I thank my hon. Friend for her intervention. There is guidance, which I will come on to, but the problem is that the guidance is often very vague and open to interpretation. I will absolutely come on to that in my remarks.
Even primary schools are not immune from using inappropriate materials. An “All About Me” programme developed by Warwickshire County Council’s Respect Yourself team introduces six and seven-year-olds to “rules about touching yourself”. I recently spoke to a mother in my constituency who was distraught that her six-year-old had been taught in school about masturbation. Sexualising children and encouraging them to talk about intimate details with adults breaks down important boundaries and makes them more susceptible and available to sexual predators, both on and offline.
Another significant concern is the use of RSE to push extreme gender ideology. Gender ideology is a belief system that claims that we all have an innate gender, which may or may not align with our biological sex. Gender ideology claims that, rather than sex being determined at conception and observed at birth, it is assigned at birth, and that doctors sometimes get it wrong.
Gender theory sadly has sexist and homophobic undertones, pushing outdated gender stereotypes and suggesting to same-sex-attracted adolescents that, instead of being gay or lesbian, they may in fact be the opposite sex. Gender theory says that if someone feels like a woman, they are a woman, regardless of their chromosomes, their genitals, or, in fact, reality.
Gender ideology is highly contested. It does not have a basis in science, and no one had heard of it in this country just 10 years ago. Yet, it is being pushed on children in some schools under the guise of RSE, with what can only be described as a religious fervour. Department for Education guidance states that schools should
“not reinforce harmful stereotypes, for instance by suggesting that children might be a different gender”,
and that:
“Resources used in teaching about this topic must…be…evidence based.”
Yet a video produced by AMAZE and used in schools suggests that boys who wear nail varnish or girls who like weight lifting might actually be the opposite sex. Resources by Brook claim:
“‘man’ and ‘woman’ are genders. They are social ideas about how people who have vulvas and vaginas, and people who have penises and testicles should behave”.
Split Banana offers workshops to schools where children learn ideas of how gender is socially constructed and explore links between the gender binary and colonialism. A Gendered Intelligence workshop tells children that:
“A woman is still a woman, even if she enjoys getting blow jobs.”
Just Like Us tells children that their biological sex can be changed. PSHE Association resources inform children that people whose gender matches the sex they were assigned at birth are described as cisgender.
Gender theory is even being taught to our very youngest children. Pop’n’Olly tells children that gender is male, female, both or neither. The Introducing Teddy book, aimed at primary school children, tells the story of Teddy, who changes sex, illustrated by the transformation of his bow tie into a hair bow. The Diversity Role Models primary training workshop uses the “Gender Unicorn”, a cartoon unicorn who explains that there is an additional biological sex category called “other”.
Numerous resources from numerous sex education providers present gender theory as fact, contrary to DFE guidance. However, it is not just factually incorrect resources that are making their ways into schools; visitors from external agencies are invited in to talk to children about sex and relationships, sometimes even without a teacher present in the room.
Guidance says that, when using external agencies, schools should check their material in advance and
“conduct a basic online search”.
However, a social media search of organisations such as Diversity Role Models reveals links to drag queens with highly sexualised, porn-inspired names, or in the case of Mermaids, the promotion of political activism, which breaches political impartiality guidelines.
In some cases, children are disadvantaged when they show signs of dissent from gender ideology, as we saw in the recent case, reported in the press, of a girl who was bullied out of school for questioning gender theory. I have spoken to parents of children who have been threatened with detention if they misgender a trans-identifying child or complain about a child of the opposite sex in their changing rooms. I have heard from parents whose child’s RSE homework was marked down for not adhering to this new creed.
Children believe what adults tell them. They are biologically programmed to do so; how else does a child learn the knowledge and skills they need to grow, develop and be prepared for adult life? It is therefore the duty of those responsible for raising children—particularly parents and teachers—to tell them the truth. Those who teach a child that there are 64 different genders, that they may actually be a different gender to their birth sex, or that they may have been born in the wrong body, are not telling the truth. It is a tragedy that the RSE curriculum, which should help children to develop confidence and self-respect, is instead being used to undermine reality and ultimately put children in danger.
Some may ask what harm is being done by presenting those ideas to children, and, of course, it is right to teach children to be tolerant, kind and accepting of others. However, it is not compassionate, wise, or legal to teach children that contested ideologies are facts. That is indoctrination, and it is becoming evident that that has some concerning consequences.
Sir Iain Duncan Smith (Chingford and Woodford Green) (Con)
I am grateful to the hon. Lady for giving way, and for the progress she is making on this. I was intrigued, but another question is that in contested areas like this, it actually leads further than that. It is not just a sense of indoctrination; there are also physical consequences, because children will end up going through medical processes that lead them to almost irreversible problems later on, should it turn out to be something that is a problem for them. Does the hon. Lady think that is also a potential consequence of what has been going on?
Miriam Cates
My right hon. Friend is absolutely right. The problem is that these ideas do not just stay as ideas; they have serious physical consequences. There has been a more than 4,000% rise in the referrals of girls to gender services over the last decade, and a recent poll of teachers suggests that at least 79% of schools now have trans-identifying children. That is not a biological phenomenon. It is social contagion, driven by the internet and reinforced in schools.
The Bayswater Support Group, which provides advice and support for parents of trans-identifying children, reports a surge of parents contacting them after their children are exposed to gender content in RSE lessons and in assemblies. A large proportion of parents say their child showed no sign of gender distress until either a school assembly or RSE lessons on those topics. Children who are autistic, who are same-sex attracted, who do not conform to traditional gender stereotypes, or who have mental health conditions are disproportionately likely to identify as trans or non-binary.
Tim Loughton (East Worthing and Shoreham) (Con)
I have heard evidence from the Bayswater Support Group as well. Parents who had questioned children who came home from school after the school had supported their wanting to transition were contacted by social services because that could be construed in some way as harm towards the child, which is frightening given that they still have parental responsibility.
My hon. Friend mentioned physical aspects. Is there not also a mental health aspect? Teenagers and young children have so much to cope with these days—much more so than when we were going through puberty and growing up. They have all the pressures of social media. Almost to be forced to question their sex—if they do not, there is something wrong with them—puts extraordinary pressures on children, adding to all that they have to go through as teenagers already.
Miriam Cates
My hon. Friend is absolutely right. It does nothing but add to the anxiety and difficulty that many teenagers already face. That is why it is more important than ever that parents and schools tell children the truth about sex and relationships and gender.
When we think about the vulnerability of children with autism or same-sex attracted children to some of these ideas, we can look at resources from the Chameleon sex education group, which tells Tom’s testimony. Tom, a female, says:
“I guess I always felt different. Even on my first day of school I remember not feeling like other kids...I didn’t realise at the time it was because of my gender identity.”
When autistic and vulnerable children who are already struggling to fit in and feel accepted are presented with an explanation for their difficulties, it is not surprising that they are attracted to it.
Katie Alcock, senior lecturer in developmental psychology at the University of Lancaster, told me that children with autism right through the primary and secondary years struggle with the idea that other people think differently to them, and that something can have an underlying essence that is different to its reality. So teaching autistic children that their feelings of awkwardness might stem from being born in the wrong body is a failure of safeguarding.
In fact, children who tell a teacher at school that they are suffering from gender distress are then often excluded from normal safeguarding procedures. Instead of involving parents and considering wider causes for what the child is feeling and the best course of action, some schools actively hide the information from parents, secretly changing a child’s name and pronouns in school, but using birth names and pronouns in communications with parents.
One parent of a 15-year-old with a diagnosis of Asperger’s syndrome said she discovered that without her knowledge, her daughter’s school had started the process of socially transitioning her child, and has continued to do so despite the mother’s objections. Another mother said:
“It’s all happened very quickly and very unexpectedly after teaching at school during year seven and eight. As far as I can understand the children were encouraged to question the boundaries of their sexual identity as well as their gender identity. Her friendship group of eight girls all adopted some form of LGBTQ identity—either sexual identity or gender identity. My daughter’s mental health has deteriorated so quickly, to the point of self harm and some of the blame is put on me for not being encouraging enough of my daughter’s desire to flatten her breasts and for puberty blockers.”
As my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) said, some parents have been referred to social services when they have questioned the wisdom of treating their son as a girl or their daughter as a boy.
Socially transitioning a child—changing their name and pronouns, and treating them in public as a member of the opposite sex—is not a neutral act. In her interim report on gender services for children, paediatrician Dr Hilary Cass remarks that although social transition
“may not be thought of as an intervention or treatment,”
it is
“an active intervention because it may have significant effects on a child or young person’s psychological functioning.”
The majority of adolescents who suffer from gender dysphoria grow out of it, but instead of safeguarding vulnerable children, schools are actively leading children down a path of transition. If a child presented with anorexia and a teacher’s response was to hide that from parents, celebrate the body dysmorphia and encourage the child to stop eating, that would be a gross safeguarding failure. For a non-medical professional to make a diagnosis of gender dysphoria, exclude the child’s parents and encourage the child to transition is just such a failure.
In some schools, children are not only taught about the concept of gender theory but signposted to information about physical interventions. Last year, sixth-formers at a grammar school sent a newsletter to girls as young as 11, detailing how to bind their breasts to “look more masculine” and outlining how surgery can remove tissue if it hurts too much. Also, schools have played a major role in referrals to gender identity clinics, where children are sometimes set on a path to medical and surgical transition.
I was really pleased to see the Health Secretary announce today that he is commissioning a more robust study of whether treatment at such clinics improves children’s lives or leads to later problems or regret, because schools may think that they are being kind, but the consequences of full transition—permanent infertility, loss of sexual function and lifelong health problems—are devastating, as has become clear following the case of Keira Bell.
Anyone hearing for the first time what is going on in schools might reasonably ask, “How can this be allowed?” The answer is that it is not allowed. DFE guidance tells schools:
“Resources used in teaching about this topic must always be age-appropriate and evidence-based. Materials which suggest that non-conformity to gender stereotypes should be seen as synonymous with having a different gender identity should not be used and you should not work with external agencies or organisations that produce such material.”
However, many teachers just do not have the time to look into the background of every group that provides sex education resources, and when faced with teaching such difficult and sensitive topics, they understandably reach for ready-made materials, without investigating their source.
Furthermore, those teachers who are aware of the harms are sometimes afraid to share their concerns. A lot of teachers have written to me about this situation, with one writing:
“I left my job in a Primary School after we were asked to be complicit in the ‘social transitioning’ of a 7 year old boy. This was after Gendered Intelligence came into the school and delivered training.”
Relationship and sex education in this country has become a wild west. Anyone can set themselves up as a sex education provider and offer resources and advice to schools. Imagine if someone with no qualifications could set themselves up as a geography resource provider, insert their own political beliefs on to a map of the world—perhaps they would put Ukraine inside the Russian border—and then sell those materials for use in schools. I do not believe that some of these sex education groups should have any place in our educational system.
Indeed, the guidance says that schools should exercise extreme caution when working with external agencies:
“Schools should not under any circumstances work with external agencies that take or promote extreme political positions or use materials produced by such agencies.”
Yet all the organisations that I have mentioned today, and many others, fall foul of the guidance. What is more, the Government are actually funding some of these organisations with taxpayers’ money. For example, The Proud Trust received money from the tampon tax, and EqualiTeach and Diversity Role Models have received money from the DFE as part of anti-bullying schemes. We have created the perfect conditions for a safeguarding disaster, whereby anyone can set up as an RSE provider and be given access to children, either through lesson materials or through direct access to classrooms.
Yet parents—those who love a child most and who are most invested in their welfare—are being cut out. In many cases, parents are refused access to the teaching materials being used by their children in school. This was highlighted by the case of Clare Page, which was reported at the weekend. She complained about sex education lessons that were being taught in her child’s school by an organisation called the School of Sexuality Education. Until this year, that organisation’s website linked to a commercial website that promoted pornography. Mrs Page’s daughter’s school refused to allow the family to have a copy of the material provided in lessons, saying it was commercially sensitive.
Schools are in loco parentis. Their authority to teach children comes not from the state and not from the teaching unions, but from parents. Parents should have full access to the RSE materials being used by their children. We have created this safeguarding disaster and we will have to find the courage to deal with it for the sake of our children.
Sir Iain Duncan Smith
My hon. Friend is making a compelling argument. She must have talked to the Department for Education about the matter before the debate. What I find difficult is everything else—she talked about geography and biology—is heavily inspected, and a school that departs from clear facts and teaches something different would immediately get a bad report and probably be put in special measures, yet when it comes to this subject, there seems to be no controls. Is that the case or is it just that the Department thinks this is something that only schools can judge?
Miriam Cates
I hope that the Minister will answer those questions, but my right hon. Friend is right. That is the source of the problem: the regulation and inspection criteria is not the same for these subjects, but it is even more of a problem for them because they are contested. As a science teacher, if I were to google a video of sodium being put in water, I will not find anything that anyone disagrees with or that departs from the truth. The trouble with some of these topics is there is such a wide range of contested views that we need a set of regulations and an accepted curriculum even more so, but I will come on to that.
The Health Secretary rightly compared the fear of causing offence, which may happen, with fears of being called racist when discussing the Rotherham grooming gangs. Exposing children to extreme sexual practices and ideology, telling them it is all about choice, connecting them with adults they do not know, cutting out parents, labelling parents as harmful or even referring them to social services, hiding information about a child from those who love them most—there are strong parallels here with grooming practices, and I have no doubt that children will be more susceptible to being groomed as a result of the materials they are being exposed to.
How have we gone so wrong? We seem to have abandoned childhood. Just as in the covid pandemic when we sacrificed young for old, our approach to sex education is sacrificing the welfare and innocence of children in the interests of adults’ sexual liberation. In 2022, our children are physically overprotected. They have too little opportunity to play unsupervised, to take responsibility and to mature and grow wise, yet at the same time they are being exposed to adult ideologies, being used as pawns in adults’ political agendas and at risk of permanent harm. What kind of society have we created where teachers need to undertake a risk assessment to take pupils to a local park, but a drag queen wearing a dildo is invited into a library to teach pre-school children?
Parents do not know where to turn, and many I have spoken to tell me how they complain to schools and get nowhere. Even the response from the DFE comes back the same every time telling parents that, “Where an individual has concerns, the quickest and most effective route to take is to raise the issue directly with the school.” The complaints system is circular and schools are left to mark their own homework.
Ofsted does not seem willing or able to uphold the DFE’s guidance. Indeed, it may be contributing to the problem. It was reported last week that Ofsted cites lack of gender identity teaching in primary schools as a factor in whether schools are downgraded. There is a statutory duty on the Department to review the RSE curriculum every three years, so the first review is due next year. I urge the Minister to bring forward that review and conduct it urgently. I understand that the Department is in the process of producing guidance for schools on sex and gender, so will Minister tell us when that will be available?
While much of the RSE guidance is sensible, terms such as “age appropriate” are too woolly and difficult to interpret. The guidance produced on political neutrality has been helpful, but this is not fundamentally a political issue. It is a matter of taking an evidence-based approach to what knowledge and ideas a child is able to process at different stages of their development. We do not try to teach babies to read or teach quantum mechanics to six-year-olds, because they are not developmentally ready, and neither should we teach about sexual pleasure or gender fluidity to pre-pubescent children or about extreme sex acts to adolescents. The RSE guidance and framework must be rewritten with oversight by experts in child development and put on a statutory footing to determine what should be taught, when and by whom. The DFE should consider creating a set of accredited resources, with regulatory oversight by Ofqual, and mandating that RSE be taught only by subject specialists. The Department has previously said in correspondence that it is
“investing in a central package to help all schools to increase the confidence and quality of their teaching practice in these subjects, including guidance and training resources to provide comprehensive teaching in these areas in an age-appropriate way.”
Can the Minister say when that package will be ready?
In the light of the Cass review interim report, the Department must write to schools with clear guidance about socially transitioning children, the law on single-sex facilities and the imperative to include parents in issues of safeguarding. The Department should also conduct a deep dive into the materials being used in schools, the groups that provide such materials and their funding sources.
Nick Fletcher (Don Valley) (Con)
My hon. Friend is making a fantastic speech. There is an awful lot of work that needs doing on this subject. There is an old saying: “Give me a child until he is seven and I will show you the man.” While the Department is working on this issue, children are unfortunately being exposed to this material. The damage could be being done as we speak. We could do with action to withdraw some of this material with immediate effect while we do those deep dive studies. I think it is so important. It is happening now—as we sit here, children are being exposed to things in their school that they should not be. We need to do something immediately.
Miriam Cates
I completely agree. That is why I am calling on the Department to conduct this review urgently. It is incumbent on parents and teachers to speak out when they see those resources and express their concerns. Unfortunately, at the moment, many teachers and parents are powerless, which is why we very much need the help of the Department.
What is the Minister’s view on the amendment to the Schools Bill introduced in the House of Lords that would require schools to allow parents to view the materials being used in RSE? Another solution might be for the DFE to create a statutory obligation that schools can only use resources published online. That would put the onus on third-party providers to produce responsible, high-quality material and make it available for public and academic scrutiny. Does the Minister not agree that sunlight is the best disinfectant, and that parents have the right to know what their children are being taught, especially in matters of sex and relationships?
RSE in schools is not fit for purpose. I have no doubt that there are many schools and many teachers doing an excellent job of delivering RSE in a way that helps to prepare children for adult life, as was intended. However, from the sheer volume of evidence I have seen—I have spoken for 32 minutes, but I honestly could speak for two hours with the materials I have been given; however, I will allow other hon. Members to come in shortly—and the number of parents who have contacted me from all over the country and from all different types of schools, it seems clear that RSE is exposing far too many children to adult sexuality and adult ideology and is doing them harm.
Most teachers and headteachers mean well, but they are overwhelmed by political pressure, too busy to investigate the source of teaching materials and too confused by guidance that is at times weak and contradictory. At the moment, it is left to dedicated parents groups such as the Bayswater Support Group, Transgender Trend, the Safe Schools Alliance, Parents for Education and the Family Education Trust to support parents, guide them to complaints procedures and help them to engage with schools. However, it is the Department for Education that imposed the mandatory requirement for schools to deliver RSE, so it is fundamentally the responsibility of the Department to ensure that schools are equipped and held accountable to deliver it well.
I look forward to hearing from the Minister how the Department plans to clean up this mess and give our children the protection they deserve.
Several hon. Members rose—
Peter Dowd (in the Chair)
Order. Before I call Lloyd Russell-Moyle, I want to indicate that I will call the Opposition spokesperson at 4.08 pm; he and the Minister will have 10 minutes each. There will be a couple of minutes for Miriam Cates to respond at the end. Informally, that is about six minutes a speech. However, if we have too many interventions or the interventions are too long, we will have to cut that back.
Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)
I want to start with some things that I agreed with in what I have just heard. I agree that education materials in our schools should be made public. I agree with that for all subjects, actually, and not just in schools. I think of the scandal in universities, where academic journals are behind paywalls, so we cannot look to see what academics on public money are researching in this country without paying huge amounts. I totally agree on that point.
I totally agree we needed better guidance from the Government on the issue. In fact, when we introduced RSE or RSHE, one of the big problems was that the Government guidelines were late and delayed, and some of the problems we saw in places such as Birmingham, where parents were protesting outside schools, were because the guidelines were not clear enough, often putting too much on teachers having to negotiate with parents, rather than the Department protecting teachers by saying “These are exactly the things that should be covered.”
I totally agree that we need to have an education facilitated in schools with subject specialists. It is an ongoing scandal that we have biology teachers teaching this wide area when, as the hon. Member for Penistone and Stocksbridge (Miriam Cates) has said, this is so much more than the metaphorical condom on the banana that students have in the last year of secondary school. It is about the relationship, the emotional aspect and mental health, so I totally agree.
Actually, the inclusion of this in a wider citizenship and RSHE portfolio, by which we developed an education pathway for trainee teachers during the last Labour Government, was important. The destruction of citizenship education over the last 10 years and, therefore, the training of teachers specialised in such areas has been a great failure. I know there has been some reversal of that, but I am afraid that that is the situation we are in now. We have fewer subject specialists in citizenship and RSHE because of the choices made in 2010. I agree on the principle that we need to reverse that.
Where I disagree, I am afraid, is on some of the hon. Member’s examples. I did not plan to say this, but during the pandemic, my second cousin—a 15-year-old boy—died in a tragic accident of auto-asphyxiation. It devastated the family, as can be imagined, and happened in the pandemic when we were only allowed six people at the funeral. If he had been taught about risky sex acts—he was 15, not a pre-pubescent child—and how to make sure he did things safely, rather than just learning something from the internet that then led to the end of his life, he might still be around and his family might not be devastated. So, actually, because of that personal experience I do have a problem with saying that we should not teach any of this to our children.
The hon. Member picks out examples of the dice or whatever that might sound frivolous, and I cannot judge how exactly things played out in those schools—she might well be right that it was played out by some teachers incorrectly—but the principle of learning about things before people are legally able to do them but when they are physically able to engage in them, which 15-year-olds are, I am afraid, could have been lifesaving.
My sister, who is a teacher in Essex, has worked hard to try and incorporate some of those teaching methods into the school’s RSHE, focused on an age-specific approach and on stories of people such as my cousin and others, so we can talk about the dangers of some of these things. We cannot know about the dangers of things if we do not talk about them, or if we say that they are just things that families need to talk about. I am afraid most families will not do that because those kinds of things are darn embarrassing to talk about—but also because you never think your child will do something like that. I disagree with that element of what we heard today. I do agree that there needs to be oversight and I do agree that there need to be checks to make sure that we are not just promoting risky activities; we need to be talking about the risks of risky activities. Then, when people are of age, they can make their own choices.
I want to reflect on the things I was planning to say in this debate in the last few seconds I have. The UK Youth Parliament ran a campaign for years to try to get RSHE better taught. Elements of the campaign were about emotions and relationships, and it was also about LGBT inclusive education—and that does include T. We have seen the Fédération Internationale de Natation ruling that competitors will not be able to swim unless they transitioned before they were 12, so we are in a difficult and complex world that we have to navigate. Broad-brush bans from the Department are unhelpful; we need to be content specific and school specific. The Department needs to show more leadership, but we cannot exclude talking about trans people or these complex issues in schools because that, I am afraid, would be very dangerous.
Jackie Doyle-Price (Thurrock) (Con)
I thank the hon. Member for Brighton, Kemptown (Lloyd Russell-Moyle) for his speech, which I know was deeply personal and very difficult to give. It really illuminated what we are talking about and showed that our overall approach has to be to prevent harm. I think we are all addressing the subject in that spirit, but we are now in a deeply unsatisfactory position in executing the delivery of this content and we need to do better.
One of the reasons I championed the importance of relationships and sex education in schools was that I had become concerned about the increasingly sexualised environment in our society, which sees young people exposed to sexuality and sexual practices before they are sufficiently mature to handle them. As my hon. Friend the Member for Penistone and Stocksbridge (Miriam Cates) said, social media and the internet mean that we are all just one click away from pornography. The content of some of that material is of a much more exploitative nature than perhaps was available pre-internet, which is why we need to equip all our children with the tools to protect themselves.
We need to be able to teach young people about sex in a way that emphasises emotion and intimacy, and all the issues around consent and enjoyment. Their introduction to it can be about the purely physical aspects, which can be harmful and mean that behaviours can be normalised before children are able to properly understand what a healthy sexuality is based on: intimacy and consent. We have an environment that is difficult for both girls and boys, and we need to ensure that we address the emotional needs of both sexes, which are different.
For me, the importance of RSE is all about emphasising the primacy of consent and respect. I want boys to feel that they are able to call out sexually abusive behaviour by their peers when they witness it, because we know from recent campaigns that being a victim of sexually aggressive behaviour starts in schools.
I heard a horrendous example when I visited a local school on International Women’s Day. I was with a group of 13-year-old girls. Sometimes such visits go really well and there are loads of questions, but this was one of those really difficult ones, so I just lobbed it out there and asked, “How many of you have been harassed?” The answer was every single one of them, and for most it had happened in school. That abuse is exactly what we are talking about. I want to make sure that girls feel empowered to call that out and not just have to accept it.
The girls told me that they are pressurised into sharing intimate pictures, which are then shared by phone. One girl said to me, “If you make a stand, you just attract more attention to yourself and end up getting more harassment, and if you comply you’re easy. What are we supposed to do in those circumstances?” One difficulty with making sure that we start to tackle these issues at an age-appropriate time is, when is that time? The exposure to this content is unregulated and children can be exposed to it at a very young age.
I had high hopes that RSE would empower our girls and be an important tool in the war against sexual violence, but I have been horrified by some of the content highlighted by my hon. Friend the Member for Penistone and Stocksbridge that is being delivered in schools. As she said, anyone can be a provider. The DFE needs to get a hold on that if it is going to protect our children from harm. My hon. Friend highlighted the dice game, which I was utterly appalled to see. It reduces sex to just being about penetrative acts. Forgive me, but at the risk of being romantic and sentimental, a healthy sexual relationship is about fulfilment for both parties—it is not just about physicality.
As the hon. Member for Brighton, Kemptown said, this is about safety and safe sex. A dice that displays objects and where they can be inserted is not a healthy approach to teaching people about safe sex. We hear that young girls now think that the way to avoid getting pregnant is to have anal sex—that that is safe sex—but that is not without other risks. We can teach people to have a healthier approach to their sexual relationships without sex being reduced to physical interaction.
I have more to say, but at the risk of crowding other Members out, I will stop there. If we are to churn out healthy children with a healthy respect for each other, and a safer environment for both girls and boys, the Department for Education needs to get a proper hold on making sure that good content in this field is circulated, and bad content is exterminated.
Jim Shannon (Strangford) (DUP)
I thank the hon. Member for Penistone and Stocksbridge (Miriam Cates) for bringing forward this debate. It is not an easy subject to talk about, to be truthful. It is not one I feel at ease with, but I wanted to come here to support the hon. Lady, because I realise what she is trying to do.
Relationships and sex education is an essential issue, and a crucial topic for young people to understand. We must all realise that there is a time and a place for relationships and sex education in schools. However, underpinning that is the right of a family to pass on their morals and values, and not to be undermined by teachers who do not know individual children and cannot understand the family dynamic.
I am clear about what I want to see when it comes to sex education: no young person should be unaware of how their body works, but similarly, no teacher nor programme should seek to circumnavigate the right of a family to sow into their child’s life what they see is needed. That is especially the case in primary school children—I think of innocence lost. The Government’s relationship and sex education paper states that,
“Regulations 2019 have made Relationships Education compulsory in all primary schools. Sex education is not compulsory in primary schools and the content set out in this guidance therefore focuses on Relationships Education.”
Despite that, a worrying number of schools across the United Kingdom have felt it necessary to teach children not only about sex, but about gender identity and trans issues. Conservatives for Women has said that children are being encouraged from as young as primary school to consider whether they have gender identity issues that differ from their biology—being male or female—as the hon. Member for Penistone and Stocksbridge outlined. That leaves children confused for no other reason than the misunderstanding, and it makes them believe that they should be looking at their own gender issues. My humble opinion—I am putting it clearly on the record—is that children in primary schools are too young to be taught sex education at that level.
Rosie Duffield (Canterbury) (Lab)
It may have already been mentioned by the hon. Member for Penistone and Stocksbridge (Miriam Cates), but there was a poster put out in primary schools by Educate & Celebrate, stating:
“Age is only a number. Everyone can do what they feel they are able to do, no matter what age they are”.
Does the hon. Gentleman agree that that is pretty alarming?
Jim Shannon
I share the hon. Lady’s concerns, as does the hon. Member for Penistone and Stocksbridge, who set the scene very well.
How can we expect our children to understand such complexities, and why should we force them to at an early age? It was clear to me that the hon. Member for Penistone and Stocksbridge was saying that this age is too young. As grandfather of five—soon to be six—I look to my grandchildren, who are of primary school age. I can say that the last thing that their parents, or indeed their grandparents, want is someone else teaching them about these sensitive issues. It should be for a family to decide the correct time and what approach they take.
I appreciate that the health and education systems are devolved, that the Minister here has no responsibility for Northern Ireland—I always mention Northern Ireland in these debates, because it is important that we hear perspective on how we do things in our own regions across this great United Kingdom of Great Britain and Northern Ireland—and that the extremity of what is being in schools does not currently apply to some devolved Assemblies, but there is no doubt that this could evolve. I want to reinforce with the utmost passion the importance of the family unit, which is exactly what some of the curriculum is destroying. I know that my concerns about that are shared by the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith), the hon. Member for East Worthing and Shoreham (Tim Loughton), and others in the House.
Nobody knows a child better than their parent, and I for one do not understand why the decision to teach children about sex and relationships has been taken out of the hands of families—parents and grandparents—wholly without their consent. The hon. Member for Penistone and Stocksbridge gave examples; I am concerned about similar examples back home in Northern Ireland.
I believe that sex education in high schools should be taught within the parameters of biology—that is the way it should be—and that pupils should be taught the value of understanding themselves emotionally. However, the problems arise when the curriculum allows teachers to seek to mould minds, rather than allowing children to formulate their ideas and feelings. We must bear in mind that there is a line between what a child should be taught in school and what a parent chooses to teach their children at home.
The Northern Ireland framework for sex education states that it should be taught:
“in harmony with the ethos of the school or college and in conformity with the moral and religious principles held by parents and school management authorities.”
That is what we do in Northern Ireland, and I think we can all hold to that statement as being not too far away from what we should be doing—but those moral and religious principles held by parents and school management have become somewhat ignored.
It is crucial that we do not unduly influence young people or pupils’ innocent minds by teaching extreme sex and gender legislation. I have seen some material taught in Northern Ireland, such an English book that refers to glory holes, sexual abuse of animals and oral sex. That book was taught to a 13-year-old boy, whose parents were mortified whenever they saw it, and the young boy had little to no understanding of what was going on. I wrote to the Education Minister in Northern Ireland, asking how that book could ever be on a curriculum and what possible literary benefit—there is none—could ever outweigh the introduction of such concepts.
There needs to be a greater emphasis on the line between what is appropriate to be taught at school and at home, and a greater respect for parents and what they want their children to be taught. Family values should be at the core of a child’s adolescence education, as it is of a sensitive nature and needs to be treated carefully, with respect and compassion.
Robin Millar (Aberconwy) (Con)
It is a pleasure to serve under your chairmanship, Mr Dowd. I congratulate my hon. Friends the Members for Penistone and Stocksbridge (Miriam Cates) and for Thurrock (Jackie Doyle-Price), and the hon. Member for Canterbury (Rosie Duffield), on securing this important and timely debate. I also thank the hon. Member for Brighton, Kemptown (Lloyd Russell-Moyle) for sharing his experiences. I acknowledge the pain in his contribution; there is a lesson in there, I am sure.
I approach this debate not as an academic, although I have taken care to speak at length with educationalists and professionals over the last year about some of these matters. I also do not bring lived experience or trauma; I was fortunate with my own upbringing and introduction to sex through education, and in my life, but I recognise that that is not everybody’s experience. I seek to approach the issue as a parliamentarian, as we all do, representing those who have brought concerns to us—concerns for the safety of those who speak to us, about misunderstanding, and for the safety and wellbeing of others.
I have spoken to teachers who have been put on the spot when it comes to making decisions in school about the materials they are being asked to use. Reference has already been made to the Cass review and the dangers of putting teachers in a position where they must make a clinical decision although they are not clinicians. I have spoken to parents who are desperate and feel disarmed, without the tools to reach and help their own children, who they see are confused on matters of identity, sexuality, sex and gender. My hon. Friend the Member for Penistone and Stocksbridge made an important point: we must not lose sight of the fact that teachers are in loco parentis. Sending a child to school and conveying them into the care of another person involves a special level of trust, so to see that damaged in this way is compelling for me as a parliamentarian.
We want our schools to be safe places with trusted teachers, where learners can flourish and grow. One expert told me that good sex education includes helping learners to understand the sexed body; to make decisions about health, contraception and their own boundaries; and to understand the law, so that they can keep safe, seek help when needed and respect the boundaries of others. The expert also told me that it is important to help learners to understand how to critique messages.
I cannot add to the case laid out by my hon. Friend the Member for Penistone and Stocksbridge that children and learners are being systematically exposed to inappropriate materials that confound and frustrate those three objectives. I support her belief in the principle of sunlight as disinfectant, and I welcome the support of the hon. Member for Brighton, Kemptown in recognising the importance of visibility of materials to parents, governors and those who have an interest in the issue. I also fully support the urgent review of guidelines with the appropriate tightening that my hon. Friend called for.
As we have heard, this is a contested area. It is not a settled matter, which is the reason we are having the debate. I want to mention gender and gender identity, because the materials cited and delivered often use or reflect a certainty that simply is not there. I want to make one key observation about this in the couple of minutes I have left. In the debates that I have heard, we all agree on three things: we want children to be true to themselves; we want them to be accepted; and we want them to be respected and valued as individuals. There is no question about that, but it starts to be problematic when I hear phrases such as “my truth” and “moral relativism”, creeping into the materials that we see, because this is existentialism—anyone can look that up.
We can go back a long time to see the weaknesses in existentialism and the risks associated with it. It was Søren Kierkegaard who outlined some of the risks and conclusions of this form of thinking. He pointed out that existentialism ends in three things. The first is inauthenticity, yet we have said that one of our objectives is to be authentic. Secondly, he said that alienation is another consequence of existentialism and moral relativism, yet we have said that we want children to be accepted, not outcast. Thirdly, he warned against the degradation of individuals into objects or things, and we heard my hon. Friend the Member for Thurrock talk about how sex is more than just gratification and the use of another person to satisfy our desires. It cannot be that we use a philosophy to deliver something that confounds its very purpose. If we seek true-to-self acceptance, respect and value as individuals, we cannot us a morally relativist approach that promises exactly the opposite of those things: inauthenticity, alienation and the degradation of the individual as an object.
I will conclude by saying that we are talking about materials, which are the tip of the iceberg. The process of how they came about, and the thinking behind them, needs the Minister’s urgent review.
Neale Hanvey (Kirkcaldy and Cowdenbeath) (Alba)
I pay tribute to the hon. Member for Penistone and Stocksbridge (Miriam Cates) for securing this really important debate, although there is clearly a separate legislative process in Scotland, as the hon. Member for Strangford (Jim Shannon) just said. I recognise the support and assistance that she has offered me during my time in this place, and the support from other Members present.
While this debate is England and Wales-focused, it is important to highlight the Scottish perspective. This is not a matter of moral outrage or social conservatism, which is a label that is often used. This, for me, is essentially, fundamentally, about safeguarding. Safeguarding has been a constant in my professional life, from my early days in mental health care and looking after vulnerable people through that lens, right up to working with children and young people in cancer care. The principles are about engendering a broad awareness in an organisation of the kinds of issues that may be faced and the kind of red flags that may be seen. It is a shared responsibility and one, I believe, that everyone in society should participate in. It is not something that we should in any way put at risk.
Awareness has increased in recent years because of misdeeds in religious circles, among sports coaches and teaching staff, and indeed, from my experience, in healthcare, where people have used their position of influence and authority for nefarious purposes. Those who will abuse will find a way, and that is just a matter of fact. Predators will go to great lengths to access those they prey upon.
How have we responded as a society? We have had “stranger danger” education, public awareness, and the introduction of safeguarding legislation and policies. We have dealt with concerns in an open and non-judgmental way. We have set up multi-disciplinary practices through child protection teams and vulnerable adult teams. We have not jumped to conclusions and ascribed labels to individuals, but we have taken the necessary steps to explore any circumstance to ensure that, if there is harm, it is limited and is stopped where that is the case. We have the disclosure and barring service down here and Disclosure Scotland in Scotland to ensure that those with a criminal history of a predatory nature are identified and prevented from entering certain spheres of life.
In my professional life, I have had enhanced disclosure in every single job that I have had. It has never been a particular issue, but there are implications of the use of deed poll to change one’s identity, along with growing concerns about GRC identity changes. On the DBS in particular, I met with an organisation this morning that told me of privacy concerns whereby people who use that method, or indeed deed poll, may be able to circumvent the disclosure of prior history. I suggest that the national insurance number could be used as a constant identifier to deal with that.
But there are other ways that we find out about these nefarious practices: disclosure from the child or the young person themselves, witnesses, evidence and indeed criminal investigation. In that vein, a teacher in Scotland was recently sent to jail for three years for molesting two young boys, one aged 11 and one aged 12. That investigation was peppered with the sexualised language that that teacher used with those young men. Like all predatory behaviour, this was about power, control and manipulation, and it included that sexualised use of language.
In terms of parents and safeguarding, we must look out for changes in the behaviour of the young person—whether they become withdrawn or start to use overly sexualised language. Those are the red flags that are normally identified by professionals working with young people, whether social workers, teachers or indeed healthcare workers. If we introduce the type of language and knowledge that the hon. Member for Penistone and Stocksbridge mentioned in her opening remarks—the dice game is utterly shocking; it is dehumanising and reduces sex to the penetrative act—
Sir Iain Duncan Smith
Does this not boil down to the very simple point that knowledge without context or consequence is dangerous? Children at these ages, who are often in doubt about who they are, where they are and what they do, and who are sometimes shy and retiring, are very vulnerable to that knowledge leading them down a road, without the understanding of the context and consequences that will come from the decisions that are made, which they may be too young to judge. If that principle were applied, a lot of what my hon. Friend the Member for Penistone and Stocksbridge (Miriam Cates) has said would disappear from the curriculum because it would be inappropriate.
Neale Hanvey
The right hon. Gentleman makes a very important point about capacity. It is simply impossible for someone who is seven to have the ability to comprehend their adult sexual being. It is simply unattainable.
Introducing such sexualised language will camouflage or mask the red flags and that is dangerous. There is no place for adult sexualised language in pre-puberty education.
Dame Nia Griffith (Llanelli) (Lab)
I will try to keep my comments brief, as I can see the time racing by. I will make reference to Wales, but the issues are pertinent to all of us. This year, the Welsh Government are introducing a new curriculum that will have fully inclusive LGBT education for all pupils, with no right to withdraw. That is so important. We have all stressed that status is important, as is proper timetabling and training for teachers. We have the protected characteristics of the Equality Act; all of those in the LGBT community should be given respect. It is particularly important for children to learn how to relate and how to cope with peer-group pressure and bullying, particularly homophobic and transphobic bullying.
It is important that materials that present society as it is are part of the curriculum, so that children who come from same-sex couple homes do not feel that they are different or odd, and that means not just in the relationship curriculum but in materials across all subjects. Age appropriateness is important, and governors have the opportunity to look at materials, which is commonly done, and should be practised across the board. Parents should do the same, so that they can see exactly what is being presented. It is really important to remember that we do not live in a vacuum. In our day, it was just whispers in the playground and nasty bullying; now, it is a whole range of stuff on the internet, including pornography, plus massive bullying via the internet, through social media.
I am an ex-secondary school teacher. Children are going to bring things into school that we might not even know the words for, frankly, so teachers need to be prepared. They need to be prepared on how to combat that and how to discuss the issues. We need materials that are positive, down to earth, factual and not sensational.
Dame Nia Griffith
I will not, as I am so short of time—normally I would. We need to gradually increase the degree of explicitness, as is age appropriate. However, it is absolutely essential that the information is taught in context and that, if children raise issues about violent behaviour and different types of sexual behaviour, teachers can talk through the dangers and consequences. That is a valid discussion. Talking about a particular piece of material on its own is not necessarily the context in which it might be taught.
I would like to move on to the issue of trans individuals. Young people will know of or will have encountered trans individuals—they will certainly have heard about them. They need clarity, because there is so much transphobia out there. They need to have the topic talked about. It is perfectly valid to do that in a school context.
The idea that any young person even begins to think about themselves as trans on a whim is fanciful. It is a very long way from beginning to think like that to telling somebody, never mind going any further. Obviously, a teacher needs to know their limitations and be able to access professional help, counselling and interventions. It is not for a school to make any decisions about a young person in that way.
Children are exposed all the time to all sorts of materials and it is absolutely right and proper that, in a responsible way, those in schools listen, take things seriously and present down-to-earth, factual alternatives to some of the stuff they are being shown.
So let us be clear about this. The overwhelming majority of schools and staff, parents and governors, are highly responsible. If there are instances where inappropriate materials are used, those are the things that need to be dealt with. We should not take a sledgehammer to crack a nut. I would be very wary of rolling back on progressive, fully inclusive LGBT education. We can call out individual problems that have occurred in individual schools in individual types of material.
Peter Dowd (in the Chair)
We are running slightly late. I call Stephen Morgan.
Stephen Morgan (Portsmouth South) (Lab)
It is a pleasure to serve under your chairmanship, Mr Dowd. I thank the hon. Members for Thurrock (Jackie Doyle-Price), for Penistone and Stocksbridge (Miriam Cates), and my hon. Friend the Member for Canterbury (Rosie Duffield) for securing this important debate.
We have had a range of views and insights from Members today. The hon. Member for Penistone and Stocksbridge spoke about the quality of RHSE guidance and curricula and the age appropriate material and its importance. She went on to give a range of examples and she put a number of questions to the Minister. We all look forward to his response.
My hon. Friend the Member for Brighton, Kemptown (Lloyd Russell-Moyle) spoke with his trademark passion about a range of relevant issues, including the importance of specialisms in schools and quality materials. I thank him for speaking from the heart about his own personal experience with his loved ones. He gave a very tragic example of why we have to get this right in our schools.
The hon. Member for Thurrock spoke about recognising the impact that the internet has on schools and children, and about the importance of teaching consent at a time when we see significant harassment of women and girls. Other Members spoke about the perspectives from Northern Ireland and Wales, which I am grateful for. The importance of engagement with parents and the visibility of materials that schools use were also mentioned.
There are a great many ways in which good quality relationships, health and sex education can and must address the challenges that our children face. Some of those challenges could define the next generation. Sadly, most of them disproportionately affect young women and girls, so I want to make sure we discuss the full breadth of issues that this debate allows.
Labour Members believe strongly that quality RHSE must be part of the curriculum for every school. The 2019 statutory guidance was an important step forward, but the evidence suggests that too many young people are not getting access to the information that is needed both in school and at home. The pandemic has undoubtedly disrupted the introduction of the 2019 statutory guidance, but there is more that the Government can and should do to prevent a looming crisis.
On the specific issue of information on gender identity for trans and non-binary people, which some Members have raised in the debate today, I would stress the importance of regularly reviewing and updating guidance and signposting by the Department for Education, and the need for training and support for all teachers and staff.
Stephen Morgan
I will make progress because I am conscious of time.
I would also point out a recent Sex Education Forum survey, which said that almost 40% of students had been given no information about gender identity or any information relevant to people who are trans or non-binary, so I am very reluctant to accept the opposing argument. In fact, the bigger problem appears to be the lack of information on this issue.
In terms of how RHSE is delivered, there is obviously a balance to be struck. I accept that this is a sensitive debate. That is why guidance must be clear and regularly updated. Support and materials for those teaching in the classroom must be forthcoming. This is about being realistic, proportionate and compassionate.
As we have heard in the debate today, children increasingly face a wild west when it comes to RHSE. Too much is happening in unregulated and unsafe spaces online. Not enough is happening in controlled environments such as classrooms and in conversations with parents. This is feeding a disturbing culture in which sexual harassment is becoming normalised. The same survey by the Sex Education Forum found that a third of children had not learnt how to tell whether a relationship is healthy. More than a quarter had learnt nothing about the attitudes and behaviours of men and boys towards women and girls. One in three said they did not learn how to access local sexual health services, and four in 10 learnt nothing about FGM.
Ofsted’s 2019 report on sexual abuse in schools put it best when it said that
“Children and young people were rarely positive about the RSHE they had received. They felt that it was too little, too late and that the curriculum was not equipping them with the information and advice they needed to navigate the reality of their lives.”
I recently had the pleasure of meeting Nimue Miles, who is passionate about improving sex education to combat violence against women. She said of her own experience that sex education
“doesn’t cover coercion…They don’t cover modern day issues like social media…They also don’t cover sexist jokes, objectification and the impact of pornography.”
Of course, those are complex and delicate issues, and as Ofsted has pointed out, teachers cannot be left to handle them alone. That is why improving the guidance and materials given to teachers is so important, and we must make sure that is delivered.
I therefore have some questions for the Minister. How many of the 10 recommendations made by Ofsted’s review of sexual abuse in schools and colleges have the Government implemented? Will he commit today to provide and improve training for teachers and staff and deliver the materials they need, in one place and in a timely manner, to aid lesson planning during the academic year? What steps is he taking to help schools and colleges shape their curriculum? When does he expect to fulfil the pledge set out in the schools White Paper to
“create and continually improve packages of optional, free, adaptable digital curriculum resources for all subjects”?
How will the Minister improve the advice he is providing to parents and carers about how to support teachers’ work at home? What conversations has he had with the Secretary of State for Digital, Culture, Media and Sport about defining categories of harmful online content on the face of the Online Safety Bill, and has he made representations that the scope of that Bill should cover all services likely to be accessed by children?
Labour strongly believes that relationship, health and sex education must be an indispensable part of any curriculum. We want to see young people leaving school ready for work and for life, and such education is an essential part of that aim. As it stands, RHSE provision is failing our children and leaving them open to a world in which sex and relationships are misunderstood, harassment is commonplace, and unhealthy and damaging behaviours are rife.
We have a responsibility to our children to ensure they can meet the world as it is now, not as we think it should be or how it was before. Most importantly, we have to give them the tools to shape the world as it will be, and to protect themselves and look after each other in a compassionate and inclusive way. At its most basic, relationship and sex education is about legislation and guidance, but in reality, it is about the information and power we give to young people to shape their world. I hope we can spend more time looking at it in that way, so that we can deliver better futures for all our young people.
The Minister for School Standards (Mr Robin Walker)
I congratulate my hon. Friend the Member for Penistone and Stocksbridge (Miriam Cates), along with my hon. Friend the Member for Thurrock (Jackie Doyle-Price) and the hon. Member for Canterbury (Rosie Duffield), on securing today’s debate. I extend my thanks to everybody who has spoken in the debate; I apologise if I do not have time to respond to every single point that was made, but I think I can respond to many of the points made by the hon. Member for Portsmouth South (Stephen Morgan).
I have listened carefully to some of the examples that have been given by Conservative and Opposition Members, in particular those cited by my hon. Friend the Member for Penistone and Stocksbridge. There is no doubt that some of those things are totally unsuitable for school-age children: “age is only a number” is clearly an unsuitable phrase to be used in the context of consent, and the Department has been clear that the Proud Trust’s dice game is unacceptable for use as a school resource. I have to say that, despite a lot of coverage of that particular issue, we are unaware of any individual cases in which that game has been used in schools.
High-quality relationship and sex education is important, and—as my hon. Friend has set out, based on her own experience—can play a key role in keeping children and young people safe, equipping them to understand and resist harmful influences and expectations. It can do so only if it is taught well and appropriately, and good teachers working in good schools that engage expertly with parents can find the right balance. To support teachers to deliver in the classroom, we have run expert-led teacher training webinars that covered pornography, domestic abuse and sexual exploitation—topics that teachers told us they find difficult to teach. We also published additional guidance to schools on tackling abuse, harassment, and other sensitive topics.
It has been almost three years since the Department published statutory guidance on relationship, sex and health education, and almost two years since relationship education became a compulsory subject for all schools and relationship and sex education became a compulsory subject for all secondary schools. As has been acknowledged, primary schools can choose to teach sex education in order to meet the needs of their pupils, but if they do so, they must consult with parents on their policy and grant parents an automatic right to withdraw their child from sex education lessons.
Rosie Duffield
Does the Minister agree that, given that point about parents wanting to see the material, it is disturbing that my colleagues and I have heard reports from headteachers that they are not allowed or enabled to share that material from some of the groups because it is deemed “commercially sensitive”?
Mr Walker
It is concerning, and I want to come to that in more detail, because I think I can help provide some clarification.
At the heart of RSHE is the need to keep children healthy, happy and safe. The hon. Member for Brighton, Kemptown (Lloyd Russell-Moyle) gave a very powerful example of where more education could make a difference in terms of safety. I sympathise with his deep hurt. My hon. Friend the Member for Thurrock also spoke passionately about safety and the centrality of consent. That includes knowing the law on relationships, sex and health, teaching about relationships from primary school onwards and ensuring that younger children understand the importance of building caring friendships and learn the concept of personal privacy, including that it is not always right to keep secrets if they relate to being safe, and that each person’s body belongs to them.
In the schools White Paper, the Government committed to keeping children safe by strengthening RSHE, as well as our statutory safeguarding guidance “Keeping children safe in education”. The hon. Member for Kirkcaldy and Cowdenbeath (Neale Hanvey) spoke about the centrality of safeguarding in that. That will support schools to protect children from abuse and exploitation in situations inside and outside school. The guidance is updated annually, and it is clear that schools and colleges should be aware of the importance of making it clear that there is a zero-tolerance approach to sexual violence. Sexual harassment is never acceptable. It should not be tolerated and never be passed off as banter, just having a laugh, part of growing up or boys being boys. Failure to do so could lead to an unacceptable culture of behaviour, an unsafe environment or, in the worst-case scenarios, a culture that normalises abuse, so that children accept it as normal and do not come forward to report it.
The RSHE statutory guidance advises schools to be alive to issues such as sexism, misogyny, homophobia and gender stereotypes and to take positive action to tackle those issues. As part of relationships education, all primary school pupils are taught about the importance of respect for relationships and the different types of loving, healthy relationships that exist. Pupils will also be taught about boundaries and privacy and how to recognise and report feelings of being unsafe. To support teachers to deliver those topics safely and with confidence, we have produced RSHE teacher training modules, which are freely available on gov.uk. We have also committed to developing a further package of support for teachers to deliver lessons on sensitive topics, such as abuse, pornography and consent. That package includes teacher webinars delivered from March 2022 onwards and non-statutory guidance, which offers practical suggestions for supporting children and young people to develop healthy, respectful and kind relationships. The guidance has been informed by an evidence review, stakeholder input and an expert teacher group, and we will publish it this autumn.
The Ofsted review of sexual abuse in schools and colleges found that online forms of sexual abuse are increasingly prevalent, with 88% of girls and 49% of boys reporting being sent unwanted sexual images and 80% of girls and 40% of boys pressured to provide sexual images of themselves. The review also showed that children, even in primary schools, are accessing pornography and sharing nude images. We want to make sure that children receive appropriate teaching in schools on topics that are relevant to their lived experience, rather than going online to educate themselves. Through the RSHE curriculum, pupils will be taught about online relationships, the implications of sharing private or personal data—including images—online, harmful content and contact, cyber bullying, an overreliance on social media and where to get help and support for issues that unfortunately occur online. Through the topic of internet safety and harms, pupils will be taught to become discerning customers of information and to understand how comparing oneself with others online can have an impact on one’s own body image. The Department is reviewing its guidance on teaching online safety in schools, which supports teachers to embed teaching about online safety into subjects such as computing, RSHE and citizenship. The guidance will be published in the autumn of this year. The Online Safety Bill will also ensure that children are better protected from pornographic content, wherever it appears online.
The statutory RSHE guidance sets out the content that we expect children to know before they complete each phase of education. We have, however, been clear that our guiding principles for the development of the statutory guidance were that all the compulsory subject content must be age-appropriate and developmentally appropriate. It must be taught sensitively and inclusively, with respect for the backgrounds and beliefs of pupils and parents, while always with the aim of providing pupils with the knowledge they need. Given the need for a differentiated approach and the sensitive and personal nature of many of the topics within the RSHE curriculum, it is important that schools have the flexibility to design their own curricula, so that it is relevant and appropriate to the context of their pupils. The Department’s policy, therefore, has been to trust the expertise of schools to decide the detail of the content that they teach and what resources they use.
As mentioned previously, we have made a commitment in the White Paper to strengthen our guidance in this respect. We will also review and update that guidance regularly—at least every three years. We are confident that the majority of schools are capable of doing this well and have been successful in developing a high-quality RSHE curriculum that is appropriate to the needs of their pupils, but, in the context of this debate, it is clear that that is not always the case and that there are genuine concerns about many of the materials that have been used.
I stress that allowing schools the flexibility to make their own decisions about their curricula does not mean that they should be unaccountable for what they teach. Schools are required by law to publish their RSHE policies and to consult parents on them. As their children’s primary educators, parents should be given every opportunity to understand the purpose and content of what their children are being taught. In the RSHE statutory guidance, which all schools must have regard to, we have set out a clear expectation for schools to share examples of resources with parents. Schools are also bound by other legal duties with regard to the delivery of the wider curriculum. All local authority maintained schools are required to publish the content of their school curriculum, including the details of how parents or other members of the public can find out more about the curriculum that the school is following. There is a parallel requirement in academy trust model funding agreements for each academy to publish the same information on its website. It is our intention that that should form part of the new standards for academies.
My hon. Friend the Member for Penistone and Stocksbridge raised the point, which my hon. Friend the Member for Aberconwy (Robin Millar) echoed, that last week, in a Committee debate on the Schools Bill in another place, peers highlighted the fact that some schools believed that they were unable to share resources with parents because intellectual property legislation placed restrictions on them. We are clear that schools can show parents curriculum materials, including resources provided by external organisations, without infringing an external provider’s copyright in the resource. For example, it is perfectly possible for a school to invite parents into the school to view materials on the premises. Although of course we have to be mindful of not overburdening schools with repeated requests, we do expect schools to respond positively to all reasonable requests from parents to share curriculum material. We therefore expect schools to share RSHE content and materials with parents openly and transparently, where requested. We are clear that they should not enter into any contracts with third parties that seek to restrict them from sharing RSHE resources with parents.
The RSHE train the trainer programme, which we delivered from 2020 to 2021, brought to light several examples of good practice, including in schools that had engaged with parents effectively, but I apologise that I will not have time in this debate to address those.
Many schools draw on the expertise of external organisations, as we have heard, to enhance the delivery of RSHE, and many will use resources that are produced externally. To help schools to make the best choices, the Department published the non-statutory guidance, “Plan your relationships, sex and health curriculum”. That sets out practical advice for schools on a number of topics, including using externally produced resources. Indeed, my hon. Friend the Member for Penistone and Stocksbridge quoted from it.
Concerns have been raised today about what schools teach pupils on transgender issues. School should be a safe and welcoming place for all pupils. We believe that all children should be supported while growing up. However, we recognise that gender identity can be a complex and sensitive topic for schools to navigate and that there is sometimes tension between rights based on the two protected characteristics of sex and gender reassignment. We are working with the Equality and Human Rights Commission to ensure that we are giving the clearest possible guidance to schools on transgender issues. We will hold a full public consultation on the draft guidance later this year. Given the complexity of the subject, we need to get this right and we want to take full account of the review being conducted by Dr Hilary Cass.
I realise that my hon. Friend the Member for Penistone and Stocksbridge will need time to respond, so I conclude by saying that I hear very clearly the concerns that have been expressed. As a parent of both a girl and a boy, I know that we need to address these issues and to do so in a way that can reassure parents but continue to deliver high-quality relationships, sex and health education.
Peter Dowd (in the Chair)
We only have just over a minute left, so I call Miriam Cates to wind up very briefly, please.
Miriam Cates
Thank you, Mr Dowd. I thank the Minister for his response. I am looking forward to seeing the consultation on the guidance. I thank everybody who contributed today. This has been a very good debate. We have had some surprising areas of agreement. I think that most of us have agreed that this is a very important topic. The key phrase that has come out is “age appropriate”. I personally do not think that it should be up to schools, teachers or, potentially, parents to have to decide that. I think that we need child development experts on the case to determine which materials are suitable for which time.
I will conclude by reflecting on the speech from my hon. Friend the Member for Thurrock (Jackie Doyle-Price). Family is key to this, and parents’ values and parents’ choice are so important. We must never teach relationships and sex education in schools outside the context of respecting parents’ choice and parents’ values. Parents are the people who love and are most invested in children, and theirs are the views that we should most take into account.
Question put and agreed to.
Resolved,
That this House has considered relationship and sex education materials in schools.
Written Statements
(2 years, 5 months ago)
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Post Office: Compensation for Horizon scandal
(2 years, 5 months ago)
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The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Paul Scully)
As the House is aware, the Post Office Horizon scandal, which began over 20 years ago, has had a devastating impact on the lives of many postmasters. Starting in the late 1990s, the Post Office began installing Horizon accounting software, but faults in the software led to shortfalls in branches’ accounts. The Post Office demanded sub-postmasters cover the shortfalls, and in many cases wrongfully prosecuted them between 1999 and 2015 for false accounting or theft.
The High Court Group Litigation Order (GLO) case against the Post Office brought by 555 postmasters exposed the Horizon IT scandal which had seen many postmasters forced to “repay” to Post Office sums which they had never received. In March 2022, the Chancellor announced that further funding would be made available to ensure members of the GLO will receive similar levels of compensation to that which is available to their non-GLO peers.
Today, I am announcing that the Government intend to make an interim payment of compensation to eligible members of the GLO, who are not already covered by another scheme, totalling £19.5 million. Together with the share of the December 2019 settlement that we understand was distributed to the GLO postmasters, this brings the total of compensation to approximately £30 million. I hope this will go some way in helping many postmasters who have, and still are, facing hardships.
In parallel, we are working towards delivering the final compensation scheme for the GLO and will be appointing Freeths to access the data and methodology they developed in relation to the distribution of the 2019 settlement. Freeths represented the GLO claimants and have vital knowledge and expertise based on their involvement in the case. This will allow us to work at pace on the design of a scheme.
Furthermore, I can confirm that members of the GLO group will be able to claim reasonable legal fees as part of participating in the final compensation scheme. I hope that this will allay any concerns that they might have about meeting the costs of seeking legal advice and support when applying to the scheme.
Overturned historical convictions
I am pleased to report that interim payments for overturned historical convictions are progressing well. As of 29 June, there have been 75 overturned convictions, with the most recent convictions being overturned in recent weeks. The Post Office has received 74 applications for interim payments including several new applications in recent weeks. Sixty-seven offers have been accepted by and paid out to claimants, totalling nearly £7 million paid out in compensation so far.
For those postmasters who have already submitted quantified claims, we are working with Post Office to agree part payments of agreed elements of claims, such as loss of earnings, wherever possible, and will continue to do so with additional claims which are submitted. Taking this step should enable us to avoid undue delays in awarding partial compensation while outstanding matters are resolved.
I acknowledge that one area where it has been challenging to agree compensation is non-pecuniary damages, some of which reflect the wider impact on postmasters’ lives that these wrongful convictions have had. These include compensation for the loss of their liberty or impacts on their mental health. A number of the postmasters have agreed to refer this issue to the process of early neutral evaluation, to be conducted by former Supreme Court Judge, Lord Dyson. It is hoped that this evaluation will facilitate the resolution of these issues. Government stands ready to support the delivery of the early neutral evaluation process and is keen to ensure that the outcomes of this process enable swift compensation.
Historical shortfall scheme
As of 23 June, 65% of eligible claimants have now received an offer, meaning £29 million has now been offered and that 444 further postmasters have been offered compensation since my last update to the House. I have set the Post Office the ambition to make 100% of HSS offers by the end of the calendar year and the Government are working closely with Post Office to achieve this.
[HCWS161]
GB Warm Home Discount (Scotland) Scheme
(2 years, 5 months ago)
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The Minister for Energy, Clean Growth and Climate Change (Greg Hands)
My noble Friend the Parliamentary Under-Secretary of State for Business, Energy and Corporate Responsibility (Lord Callanan) has today made the following statement:
The Government have today laid draft affirmative regulations for a GB warm home discount scheme in Scotland to run from 2022-23 until 2025-26.
The scheme, with increased funding of around £13 million and totalling £49 million in 2022-2023, will provide energy bill rebates worth £150 to over 280,000 low income and vulnerable households during winter, when they need it most.
WHD provides direct energy bill support, in the form of a rebate on energy bills, for fuel poor, low income and vulnerable households. It is a key policy in the Government’s programme to tackle fuel poverty and reduce energy costs for low income households. Since its launch in April 2011, WHD has provided over £3.3 billion in direct support to households in Great Britain. Now more than ever, this rebate is needed to help low income and vulnerable households with their energy costs. The scheme complements the Government’s £37 billion worth of measures this year to support households with rising energy bills and the cost of living.
The WHD is set in legislation and requires energy suppliers above a certain size to participate. While the costs of the scheme are borne by energy suppliers and, ultimately, their customers, Government set the overall spending target. In the 2020 Energy White Paper, the Government committed to extending the warm home discount (WHD) to 2025-26 and increasing its value to £475 million (in 2020 prices) across Great Britain. Since then, we consulted on proposals for England and Wales, the details of which are set out in the Government response to consultation, published on 1 April and for which the regulations have been approved by both Houses. Similar proposals could not be replicated in Scotland, because the Valuation Office Agency (VOA) whose data we will use to identify homes which are high cost to heat, does not collect that data in Scotland. The Scottish Assessors (the Scottish equivalent of the Valuation Office Agency) do not collect the same data in Scotland.
Under the Scotland Act 2016, the Scottish Government have devolved powers to design and implement a WHD although the exercise of these powers requires the agreement of the Secretary of State, and some powers remain reserved, including determining the overall size of the obligation and the obligated parties. The Scottish Government requested that the UK Government make provision for a continuation of the WHD.
The WHD in Scotland will increase proportionately in line with the GB-wide increase to the scheme: from £350 million to £475 million in 2020 prices. Based on the apportionment methodology consulted on by the UK Government, the scheme in Scotland will be 9.4% or £44.65 million (in 2020 prices) of the overall scheme value. The proportion of funding going to Scotland will exceed its share of the GB population and its share of means-tested benefits recipients. The uplift means rebates are provided to an additional 50,000 families in Scotland each year on top of the 230,000 that already receive payments, and the rebate will also increase from £140 to £150.
We have also reduced the threshold for energy suppliers’ participation in the scheme, so more energy suppliers will participate. Suppliers with a small market share in Scotland who cannot meet their obligation through the provision of rebates to their customers will be able to provide other packages of help, including financial assistance, to other low income and vulnerable households.
Under the WHD in Scotland, around 90,000 low-income pensioners will continue to receive their rebates automatically through the core group element of the scheme. In addition, around 190,000 low income and vulnerable households, mainly working age, will receive the rebate by application to their energy supplier. Scottish households in or at risk of fuel poverty will also continue to benefit from support under industry initiatives funded under the WHD, which include benefit entitlement checks, energy debt and financial assistance, energy advice, and energy efficiency measures provided to low income and vulnerable households.
This expansion of the WHD scheme forms part of the wider support to help households with rising energy bills. In May, the Government announced over £15 billion of additional support, targeted particularly on those with the greatest need. This package builds on the £22 billion announced previously, with Government support for the cost of living now totalling over £37 billion this year. This includes: help to all domestic electricity customers in Great Britain to cope with the impact of higher energy bills, with £400 off their bills from October through the expansion of the energy bills support scheme (EBSS); a one-off cost of living payment of £650 to over 8 million households across the UK in receipt of means tested benefits; additional UK-wide support to help 6 million people who receive non-means tested disability benefits receiving a one-off disability cost of living payment of £150; over eight million pensioner households will receive an extra one-off £300 this year to help them cover the rising cost of energy this winter. For households that are not eligible for cost of living payments or for families that still need additional support; the Government are providing an extra £500 million of local support, via the household support fund. The fund will be extended from this October to March 2023, bringing total funding for the scheme to £1.5 billion. Millions of the most vulnerable households will receive at least £1,200 of one-off support in total this year to help with the cost of living.
Subject to Parliamentary processes, the UK Government will implement the scheme in Scotland as quickly as possible and support will be provided to Scottish households during the winter.
More information on the warm home discount scheme will be made available over the summer on gov.uk/the-warm-home-discount-scheme.
[HCWS164]
Support and Assistance to Partner Nations in Europe
(2 years, 5 months ago)
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The Minister for the Armed Forces (James Heappey)
A new order has been made under section 56(1B) of the Reserve Forces Act 1996 to enable reservists to be called into permanent service to prepare for, conduct, or contribute to operations by Her Majesty’s forces relating to the provision of military support and assistance to partner nations in Europe.
Her Majesty’s Government provide a range of military assistance and support measures to partner nations in Europe, including training, advice and equipment.
The Ministry of Defence is regularly tasked to support broader HMG objectives. As part of this support, reserve forces will be on standby, routinely as part of a whole force approach with regular services, to deliver a range of defence outputs, including support to partners across Government. Outputs will be enabled by reserve forces providing capabilities such as (but not limited to) formed sub-units, individual augmentees and specialist skills.
The order shall take effect from the day on which it is made and shall cease to have effect 12 months from the date on which it is made.
[HCWS166]
School Improvement
(2 years, 5 months ago)
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The Minister for School Standards (Mr Robin Walker)
My noble Friend the Parliamentary Under-Secretary of State for Education (Baroness Barran) has made the following written ministerial statement:
The 2019 manifesto committed the Government to intervening in schools with entrenched underperformance. We believe that every child has the right to go to a school that is good or outstanding. While we have rightly focused our attention on inadequate schools in recent years, we now need to look at the minority of schools that are not making necessary improvements. We are especially concerned about schools that have received two or more consecutive Ofsted judgements of below good. There are currently around 900 state schools in England (around 4.3% of schools), with around 420,000 pupils, that meet this threshold.
The above numbers will obviously depend on the outcome of upcoming inspections as schools will fall into and out of scope. Following the pause in Ofsted inspections due to the covid-19 pandemic, Ofsted recommenced inspections in May 2021 and, as the Government announced in the recent White Paper, will inspect all schools against the current inspection framework by the end of the summer term 2025, to provide a quicker assessment of recovery from the pandemic.
By amending the definition of a school which is “coasting”, this statutory instrument will grant the Secretary of State for Education the discretionary power to intervene in schools that are currently judged as requires improvement by Ofsted and that have met the threshold of two or more consecutive Ofsted judgements below good. This power to intervene will apply equally to maintained schools and academies. It will also apply to maintained special schools, alternative provision academies and pupil referral units which have previously been excluded under the existing power to intervene in coasting schools.
We want to support pupils in schools that are in areas of the greatest entrenched underperformance. Therefore, initially the Department will prioritise interventions in schools that are in one of the 55 education investment areas (EIAs). The Department will also prioritise schools that are not currently part of a strong family of schools, especially where the Department does not believe the current leadership has the capacity to drive school improvement quickly enough.
Regional directors will assess each case on an individual basis, taking into account any representations made by the school’s governing body and other interested parties, inspection history (including whether inspection reports demonstrate an upward trajectory), evidence regarding the capacity of leadership and management to secure sustained improvement, performance and other quantitative data and evidence relating to the local context of the school.
The update to the schools causing concern guidance published alongside the response to the consultation on supporting schools not making necessary improvement sets out the process for intervention in schools that meet the new definition of “coasting”.
[HCWS162]
Customs Undervaluation Case
(2 years, 5 months ago)
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The Chief Secretary to the Treasury (Mr Simon Clarke)
In March 2018, the European Commission launched infringement proceedings against the UK, alleging that between 2011 and 2017 the UK had failed to prevent undervaluation fraud involving importations of Chinese textiles and footwear, leading to approximately €2.7 billion of customs duty going uncollected. Since leaving the EU, the UK has continued to engage with these infringement proceedings as per the legal obligations set out in the withdrawal agreement. Throughout the case, the UK argued that we took appropriate steps to tackle the fraud in question and that the size and severity of the alleged fraud had been overstated. The UK has since taken proportionate and increased steps to combat this fraud without impacting legitimate trade, liquidating suspect traders through enforcement action, and substantially eliminating the illegitimate trade with significant investments in new inland customs infrastructure that opened in October 2017.
On 8 March 2022, the CJEU published its judgment, finding against the UK on most liability points. Importantly however, the Court found that the European Commission overstated the size of its losses, by expanding its claim for losses prior to 2014 beyond those originally claimed and by ignoring action taken by the UK in raising assessments for the period from 2015 onwards. The judgment did not endorse the €2.7 billion claim, instead limiting the Commission’s claim for imports from 2011 to 2014 to the amount of certain customs assessments issued and cancelled in error and, for imports in the period January 2015 to 11 October 2017, instructing the European Commission to recalculate the figure. We understand this exercise to be under way and we have not yet received the Commission’s revised estimate of the liability. These calculations are likely to be complex.
Following the judgment, the UK is liable for both outstanding customs duties and interest. This could potentially be 16% plus Bank of England base rate and accrues in the absence of any payment. With this in mind, and in order to protect UK taxpayers from significant continued interest accrual, the UK made a payment on 10 June 2022 to the European Commission of €678,372,885.63. This paid in full the amount due regarding cancelled customs assessments to the end of 2014 and, in respect of the subsequent period, represents the amount the UK considers due at this time, in light of the CJEU judgment, thereby stopping interest accruing on this amount. When the UK receives the Commission’s recalculation for the period 2015 to October 2017, we will examine their methodology closely and will not hesitate to reject any claim should we believe it to not be accurate or in line with the CJEU’s judgment, to ensure we protect UK taxpayers’ interests.
[HCWS167]
Gender Recognition: Disclosure of Information
(2 years, 5 months ago)
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The Secretary of State for Health and Social Care (Sajid Javid)
Today, I have laid the Gender Recognition (Disclosure of Information) (England) Order 2022 in Parliament. This statutory instrument will make a minor change under the Gender Recognition Act (GRA) 2004 in order to facilitate the invaluable research being undertaken as part of Dr Hilary Cass independent review of gender identity services for children and young people (the Cass review).
Under the Gender Recognition Act 2004, it is an offence for a person acting in an official capacity to disclose information about the gender history of a person with a gender recognition certificate (GRC). The Act calls this “protected information”, with some existing exemptions, such as where disclosure is to prevent or investigate crime, or the subject of the information agrees to the disclosure.
The order I have laid today will add a further exemption to the GRA so that a closely defined class of people who facilitate, assist and carry out the research for the Cass review will be able to disclose protected information to each other during the course of their work. Without access to information currently protected under the Act, a significant portion of the available data on health outcomes would have to be removed from the study. This would subsequently prevent Dr Cass review from being able to provide robust recommendations rooted in the best available clinical evidence about how this care can best be provided.
This data will allow us to plan the provision of these services from a world-leading clinical evidence base, to promote better health outcomes for those who use these important services. I firmly believe that this will help enable further debate on these issues to be informed by the best available clinical evidence which will better serve everyone, not least children.
I remain committed to upholding the rights and privacy of transgender people, so this data will be carefully controlled. Only those working for a small number of organisations listed in the order and who are involved in the research will be able to access protected information and share it with each other. Furthermore, those within this closed circle will only be able to access and share the data if doing so is genuinely necessary in order to facilitate, assist or carry out research as part of the Cass review.
As an additional safeguard, the order will expire after a period of five years which is the maximum amount of time that we believe the project will take. The order does not allow patient identifiable information to be made public through the course of this research, and any research outputs subsequently published will be fully anonymised.
[HCWS170]
Financial Directions to the NHS: Variation 2022-23
(2 years, 5 months ago)
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The Minister for Health (Edward Argar)
I am varying the 2022-23 financial directions to NHS England made on 31 March 2022.
These are primarily technical changes required as a result of the Health and Care Act 2022. The main purpose of the Act is to establish a legislative framework that supports collaboration and partnership-working to integrate services for patients. Among a wide range of other measures, the Act also includes targeted changes to public health, social care and the oversight of quality and safety.
NHS England and NHS Improvement have now been formally brought together into a single legal organisation. Therefore, NHS Improvement’s resource and administration limits, as well as its capital budget, have now been incorporated into NHS England’s budget.
HM Treasury’s consolidated budgeting guidance will now apply to the whole of NHS spend including providers, requiring the addition of funding for annually managed expenditure and ringfenced funding for impairments for NHS trusts and NHS foundation trusts.
Finally, funding is being provided from NHS England to Health Education England (HEE) for investment in workforce initiatives.
The Act now decouples the financial directions from the NHS mandate and requires the directions to be laid in Parliament. They will be published on gov.uk. The existing NHS mandate remains unchanged.
[HCWS163]
Criminal Legal Aid
(2 years, 5 months ago)
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The Parliamentary Under-Secretary of State for Justice (James Cartlidge)
In December the Independent Review of Criminal Legal Aid made clear the need for fee reform. Among a number of recommendations, the review called for an immediate pay increase of £135 million across the various criminal legal aid fee schemes. In response to these recommendations, in March, we consulted on proposals that would mark the most significant reform to criminal legal aid in more than a decade—and would include an additional investment of £135 million.
Our reforms are twofold. First, addressing the immediate fee increase as called for by the representative bodies, and second, focusing on longer term systemic change. We took this approach precisely because we recognise the urgent need for fee reform, and so we can act swiftly and decisively in the interests of our criminal legal profession. We have been working hard to analyse the responses of all stakeholders, so all our decisions are rooted in evidence. We will be publishing our formal response in due course, but I can confirm that we will be implementing a fee increase of 15% across the majority of fee schemes.
As set out in the consultation, there are a small number of schemes we are not uplifting at this stage. This includes the uplift to payment related to pages of prosecution evidence which the review found to encourage “perverse incentives”. We will be looking at how to address this as part of our longer term reforms and have set aside £20 million for those reforms initially. As well as reform to fee schemes we are considering wider issues, such as the potential roll-out of the successful “opt out” pilot for children, currently taking place at Brixton and Wembley police stations.
We want to make sure practitioners get paid properly for all the work they do. So, in addition to increasing fees, we are extending the scope of payment for pre-charge engagement work to cover work done ahead of an agreement, or where an agreement is not reached, in appropriate cases, in line with the Attorney General’s disclosure guidelines. We also intend to abolish fixed fees where individuals elect to have their case heard at the Crown court, and go on to plead guilty. We will lay a statutory instrument by 21 July, which will bring these changes into effect on 30 September this year. Considering the parliamentary process and operational changes required to do this, this is the quickest we are able to deliver this uplift. Solicitors and barristers will start to receive increased fees this year and our modelling suggests that over two thirds of the additional funding will have entered the system within the first year.
Our response to the longer term proposals, including details on the longer term funding and structural graduated fees schemes reform, will be published in the autumn, driven by the evidence in our consultation. Of course, we want to continue engaging with key stakeholders, including the Bar Council and Law Society as we develop our final policies. We are also considering the role of an advisory board as recommended by the review and plan to work closely with the Law Society and the Bar Council to design it with the intention of ensuring legal aid keeps pace with a modern justice system. Further details on the board including a terms of reference will be published in the autumn. If implemented, our longer term changes are good news for the criminal legal profession, helping us to build a sustainable sector that is fit for the future. Most importantly, they are good news for victims and everyone relying on the criminal justice system.
[HCWS168]
Report of the Independent Reviewer for National Security Arrangements 2021
(2 years, 5 months ago)
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The Secretary of State for Northern Ireland (Brandon Lewis)
The role of the Independent Reviewer of National Security Arrangements (IRNSA) in Northern Ireland is to monitor compliance with annex E of the St Andrews agreement, reviewing the relationship between MI5 and the Police Service of Northern Ireland (PSNI) in handling national security matters. Further to reinforce this comprehensive set of safeguards, the Government confirms that it accepts and will ensure that effect is given to the five key principles which the Chief Constable has identified as crucial to the effective operation of the new arrangements a: All Security Service intelligence relating to terrorism in Northern Ireland will be visible to the PSNI Clear evidence of continued successful collaboration. There is compliance. b: PSNI will be informed of all Security Service counter-terrorist activities relating to Northern Ireland. Regular and effective high-level meetings. There is compliance. c: Security Service intelligence will be disseminated within PSNI according to the current PSNI dissemination policy, and using police procedures. There is compliance. d: The great majority of national security CHIS in Northern Ireland will continue to be run by PSNI officers under existing handling protocols. There is compliance. e: There will be no diminution of the PSNI’s responsibility to comply with the Human Rights Act or the Policing Board’s ability to monitor said compliance. The Policing Board is under strong leadership and has an effective human rights advisor. PSNI continues to comply with the Human Rights Act.
His Honour Brian Barker CBE QC, the Independent Reviewer of National Security Arrangements in Northern Ireland, has sent me his report for 2021. Due to the classification of the report, I am unable to lay a copy in the Libraries of both Houses, but I am able to provide the House with a summary of its content.
The year commemorated the centenary of the creation of Northern Ireland, the twentieth anniversary of the PSNI, and the appointment of the first Lady Chief Justice. More widely, this has been another entirely unpredictable twelve months. The coronavirus pandemic has continued to dominate life in Northern Ireland and across the rest of the United Kingdom, and developments and reactions had a significant impact on health and wellbeing, as well as on the economy and the administration of government in Northern Ireland.
Unionist parties’ continuing opposition to the Northern Ireland Protocol has been a defining political theme throughout 2021. The Protocol has also constituted a significant part of the context for some paramilitary activity. The DUP contended that these unique arrangements would divide Northern Ireland from the rest of the UK, and would also threaten the constitutional integrity of the UK. These post-Brexit trade arrangements appeared to magnify the sense of unionist disenfranchisement, partly by raising fears that Northern Ireland would be drawn closer to the orbit of the Republic, and would accelerate a move to eventual unification.
Unrest in unionist areas was apparent, and objection to the Protocol was said to be the predominant cause of sporadic violence and rioting, mainly in loyalist areas of Belfast and Londonderry in late March and early April—the worst for some years. Included were attacks on police officers and a bus, and in the result over 100 officers received injuries.
Violence resurfaced in November with the hijacking and torching of a Translink bus in Newtownards by masked men, and less than a week later another bus was boarded and burnt out in Newtownabbey. It was believed the arson was carried out by loyalists from a local faction of the Ulster Volunteer Force in an apparent protest against the Protocol, although the real effect was to harm local people and make life more difficult for local communities.
The pandemic and the strictures towards working from home continued to have a profound effect. By mid-summer the Chief Medical Officer was concerned that the health service was having to operate under severe pressure and the Northern Ireland Minister for Health called in military medical staff to assist. In early September Stormont was recalled to discuss the high level of COVID-related school absence. Many of the communities hardest hit by the pandemic were those where social-economic problems were at their greatest and often where paramilitary presence was at its strongest.
The dissident activity picture remained much as it was in 2020 and it is assessed covid restrictions limited operational activity. The threat level in Northern Ireland from Northern Ireland-related Terrorism (NIRT) remained at SEVERE, meaning an attack is highly likely.
The first attack ascribed to NIRA since the arrest of the alleged leadership during Operation Arbacia, in August 2020, took place in April. An improvised firebomb was left next to a police officer’s car outside her home in County Londonderry with the apparent intention of killing both the officer and her young daughter. Deputy First Minister Michelle O’Neill described the attack as “shocking and deplorable”. Arrests were made later in the year, and a number of Continuity IRA members were arrested and charged in June. Arrests were made in September in relation to the shooting of Lyra McKee.
The success of Operation Arbacia in 2020, coordinated jointly by PSNI and MI5, was widely welcomed and the resulting arrests had restricted the ability of NIRA to operate and attack at a sustained level. The reduced activity compared with previous years was apparent, although constant vigilance and pressure was still necessary. The smaller groups of identifiable dissident republicans had been involved in some activity, not touching national security, attempting to retain their public profile.
The more visible activity was in the name of loyalism, the flash point being the objection to the perceived effects of the protocol. Overall, the dial had been turned up and other issues of contention including the handling of legacy cases and the Irish language, remained just below the surface. On the positive side, the general threat picture was better, being confined to a small sector who were adept at preying on and deploying vulnerable youngsters.
The landscape continues to be complex, with participants ranging from those who use paramilitarism as a cloak for unadorned criminality to those who remain involved for political and identity reasons which reach back to the Troubles. The damage caused by paramilitary activities on communities and society as a whole is undiminished. The cross-Executive Tackling Paramilitary Activity, Criminality and Organised Crime Programme supports people and communities across Northern Ireland who are vulnerable to paramilitary influence and uses a public health approach to violence reduction. The Tackling Paramilitarism, Criminality and Organised Crime Programme Board, chaired by the Head of the Northern Ireland Civil Service and the Political Advisory Group chaired by the Justice Minister, welcomed the increasing emphasis on a “whole of Government” approach in tackling paramilitarism, the development of multi-agency hubs, and the impact of more joined-up, inter-agency approach.
The same observational difficulties that applied in 2020 continued in that it was not possible to conform to any sort of structured plan of visits or avenues of inquiry. It was evident that the various offices and organisations of interest were all under enormous pressure, coping not just with unforeseen unpredicted events but also with illness, self-isolation and working from home, resulting in most offices being pared down to critical staff.
In the event the approach to meetings and research that I adopted in 2020 of some virtual contact where possible, was continued for much of the year. Regular communication continued nevertheless, and I was fully informed of any significant developments. It was not until November, as infection rates subsided, that a suitable opportunity arose fora visit to Belfast, and some more useful face to face personal contact was re-established.
My major update with MI5 was conducted through the secure link from Whitehall in July. Again, although any briefing and discussion on particular investigations was not practical, I was given a clear insight of both the current direction, the prevailing budgetary conditions and the interaction with PSNI. I was able to have a better understanding of the additional problems created by working in a COVID-19 restricted environment and a better picture of how MI5 had adapted to the current conditions. Necessary absences and revised practices had been challenging, but not undermining, and the policy of wider collaboration and further community initiatives continued.
Of note was the continuing development of high-level regular meetings of agency representatives with obvious advantages in mutual understanding and identifying best practice and effective integrated planning and strategic approach to tackling NIRT. Work was also continuing with broader communication and improving protocols with partners in order to be more cooperative with releasing information while maintaining essential security.
I am confident, however, that MI5 continues to maintain the strategic approach to tackling NIRT and the sharing of intelligence at as high a level as is possible. I have been kept apprised of significant events personally, and the Northern Ireland Committee on Protection at its meetings receives an instructive update at each meeting.
I was able to visit PSNi HQ in November, where I was briefed by the Chief Constable Simon Byrne, and other senior officers as to the effective co-operation achieved. They underlined the difficulty of managing and deploying a public service in an environment that was unstable and unpredictable from both the health and political standpoints. A worrying development was the spread of public disorder in a number of areas in late March and early April leading to the need for strategic and tactical command structures in order to protect communities from harm and to keep people safe. There was considerable assistance and support from community leaders and youth workers in seeking to restore calm, but the widespread and unnecessary level of violence directed towards the police was a serious concern.
Maintaining public confidence within some sections of the community remained a problem, and accusations and perceptions of “two-tier” policing remained prominent. Directing a virus-struck, depleted service that had to interact with the public in changing conditions—with regulations that were difficult to explain and liable to change—resulted in situations which attracted criticism from many sides while pleasing few. There was also the necessity of maintaining vigilance and effectiveness in the drive against organised crime and terrorism, where resilience among the dissident republican groups remained, and about a third of the organised crime groups were loyalist paramilitary organisations or had paramilitary links.
With PSNI as the public face, the response to the worrying period of disorder witnessed in parts of the Protestant, unionist, loyalist community during April was led by the Executive.
Recorded crime level in the spring was below average although antisocial activity was consistent. The absence of disorder and relative stability over the summer was encouraging. The agreement with MI5 and the management of CHIS operatives continues to be carefully monitored particularly in the light of the new power under the Covert Human Intelligence Source (Criminal Conduct) Act 2021. This power has been robustly reviewed and in no circumstances would serious crime against another person be allowed. The regular inter-agency meetings at a very senior level continued and provided a positive contribution in providing a best practice and a complimentary approach to the threat and changing landscape of operating national security during a difficult year.
The key security situation statistics during the year show there were two security-related deaths, the same number as in 2020. There were fewer bombings, shootings and paramilitary-style attacks than in 2020. There were 5 bombing incidents, compared to 18 in 2020 and 25 shootings, compared to 41. There were 36 casualties of paramilitary style assaults, compared to 26 previously. AH casualties were aged over 18. There were 14 casualties of paramilitary style shootings, compared to 15 previously, all of whom were over 18. There were 134 persons arrested under section 41 of the Terrorism Act 2000, compared with 76 of which 23 were subsequently charged, compared to 14 previously.
Overall, the continued development of regular meetings and exchanges at high level between the police and the security services is noticeable and commendable.
Although dissident republicans continue to pose the most significant threat to national security in Northern Ireland, successful investigations against them in 2020 lowered their operational capacity and activity into 2021. Concerted pressure directed towards them remained effective with positive results, and several plots were thwarted. Efforts by PSNI, MI5, An Garda Siochana, and the Ammunition Technical Officers meant that the overwhelming majority of the population were able to go about their daily lives untroubled by terrorism.
Despite fewer incidents, danger to serving police and prison officers doing a difficult job persists and regrettably the necessity for constant vigilance remains.
My conclusions, again restricted by difficult operational conditions, in relation to Annex E of the St Andrews are as follows:
[HCWS165]
Aviation Industry: Government Support
(2 years, 5 months ago)
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The Secretary of State for Transport (Grant Shapps)
The majority of UK flights continue to be on time and without disruption. However, some passengers have faced significant disruption, which has also occurred in the aviation sector across Europe and globally. The outcome for too many consumers has been unacceptable.
I have made it clear to the sector that they need to operate services properly and according to schedule or provide swift, appropriate compensation. I have already announced a one-off amnesty on airport slot rules, enabling airlines to plan ahead and avoid last-minute cancellations.
I expect airlines to use this one-off amnesty now to ensure they are giving consumers certainty by offering schedules they can deliver. By the end of the slot handback period, I expect airlines to be offering services they are confident of delivering, and I will continue to seek reassurances from them that this is the case.
We have been extensively engaging with industry at ministerial and official level since the beginning of the year. As part of this engagement the aviation Minister established a weekly strategic risk group. This brings together CEOs from airports, airlines and ground handlers to work through the issues ahead of the summer.
Today, I am setting out all of the 22 measures the Government are currently taking to support the aviation industry, including: to help recruit and train staff; ensure the delivery of a realistic summer schedule; minimise disruption; and support passengers when delays and cancellations are unavoidable. The Government recognise that these issues are primarily for industry to solve, but this series of targeted measures will support their efforts.
The measures are:
Ensure industry deliver a realistic summer schedule
1. We and the Civil Aviation Authority (CAA) have set out five specific expectations to the industry to deliver a successful summer operation:
1. Summer schedules must be reviewed to make sure they are deliverable;
2. Everyone from ground handlers to air traffic control must collaborate on resilience planning;
3. Passengers must be promptly informed of their consumer rights when things go wrong and—if necessary—compensation in good time;
4. Disabled and less mobile passengers must be given assistance they require;
5. Safety and security must never be compromised.
2. We have introduced new regulations on airport slots give airlines the tools to ensure that schedules are manageable and reduce flight disruption over the summer peak.
3. We have strengthened industry-Government working, by establishing a new weekly strategic risk group, chaired by Ministers and attended by airline, airport and ground handler CEOs to ensure they are prepared for summer and can meet the schedules.
4. We have established a weekly summer resilience group with airline, airport and ground handler operational directors to help them work through their pinch-points in the aviation system as they emerge and work collaboratively on solutions.
5. We have established a joint Home Office and Department for Transport ministerial border group to identify and prepare for high levels of demand at the UK border.
6. We have worked with the major airlines and airports to get weekly updates and assurances to Government that they can run their schedule of summer flights.
7. We are working with international partners, neighbouring countries and EUROCONTROL, to ensure that disruption is minimised through co-ordinated planning and cooperation across airspace boundaries.
8. We are undertaking a review of the ground handling market to seek out opportunities to improve quality and consistency of service.
Supporting passengers
1. We will launch a new aviation passenger charter, a one-stop guide for passengers informing them of their rights, responsibilities and what they can reasonably expect of the aviation industry when flying.
2. We have worked with the CAA and industry to publish and promote guidance for passengers as part of a joint campaign of activity to communicate things they need to know and do when travelling by air this summer, helping to speed up processing time and reduce queues and delays.
3. We have written to airlines to remind them of their legal responsibilities in providing information, care and assistance, refunds, and compensation.
4. We are working with the CAA reviewing airlines current practices to ensure legal responsibilities in providing information, care and assistance, refunds, and compensation are being met and encouraging best practice.
5. We intend to strengthen consumer protection for air passengers such as additional enforcement powers for CAA, our proposals are set out in the aviation consumer consultation.
6. The CAA has written to airports to set out their plans for additional measures to improve provision of assistance to disabled and less mobile passengers and support the sector by providing guidance.
Supporting industry to recruit, retain and train staff
7. We changed the law so industry has more flexibility to train staff and allow them to deploy staff quickly and flexibly while maintaining security standards.
8. We are launching a Generation Aviation campaign, working with industry to promote awareness of aviation careers and increase the number of people applying for jobs in the sector.
9. We are working with the CAA to launch a £700,000 skills funding competition this autumn to support outreach across the sector and raise awareness of aviation careers to young people.
10. We have launched the aviation skills recruitment platform to support skills retention and recruitment in the sector.
11. We are building partnerships with colleges and universities to ensure students are attracted to and prepared for a career in aviation—and to support this we have launched the Talentview Aviation platform to connect students to aviation sector employers.
12. We are working with the Department for Work and Pensions to promote aviation roles and recruitment via job centres and training for jobs coaches.
13. We are delivering our Reach for the Sky outreach programme, supported by our aviation ambassadors to promote diversity, inclusion and accessibility in the sector.
14. We introduced the airport and ground operations support scheme (AGOSS) to support commercial airports and ground operators with fixed costs, through £161 million in grants.
There have been calls for a seasonal worker scheme to allow EU workers to fill vacant roles in our aviation sector. However, the Government are clear that more immigration is not an obvious solution. The aviation sector’s issues are not confined to the UK. Disruption is happening across the EU and in the USA due to staff shortages, and the Government are committed to building a robust and dependable domestic aviation industry, launching the aviation skills retention platform to help develop and hold onto UK workers. Similar schemes in other sectors experiencing shortages, such as the HGV sector, have not been widely used and have not significantly contributed towards a solution. Building a resilient, well-paid British workforce will prove a far more effective, sustainable and long-term solution.
The Government have taken action to support the industry, now the sector itself needs to take the appropriate steps to ensuring they deliver realistic summer schedules, work together as an ecosystem, and put the consumer first.
[HCWS169]
Grand Committee
Environmental Principles Policy Statement
(2 years, 5 months ago)
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Baroness Parminter
That the Grand Committee takes note of the draft environmental principles policy statement, laid before Parliament on 11 May, and the requirement in Section 17(4) of the Environment Act 2021 that the Secretary of State must be satisfied that the statement will contribute to the improvement of environmental protection and sustainable development.
Relevant document: 3rd Report from the Secondary Legislation Scrutiny Committee (special attention drawn to the instrument).
Baroness Parminter (LD)
My Lords, the environmental principles policy statement is one of the four cornerstones of achieving the Government’s environmental ambitions enshrined in the Environment Act, alongside the long-term targets, the OEP—the independent regulator—and the environmental improvement plan, which will chart and drive progress. It is the means to put the environment at the heart of government decision-making, setting out how internationally recognised principles should be interpreted and, as importantly, showing the Government’s ambition for what its use should deliver.
I called for this debate because I have significant concerns that the draft jeopardises delivering on this potential and on the Government’s environmental ambition, which I think we all share: to leave the environment in a better state than that in which we found it. It is not just me who has those concerns. I am privileged to chair the Environment and Climate Change Committee, which had concerns, as did the Secondary Legislation Scrutiny Committee. I am delighted to see the noble Lord, Lord Hodgson of Astley Abbotts, in his place today. His committee drew this to the special attention of the House in its third report of this Session. This debate and the EPPS—I shall use the shortened form or we shall be here all afternoon—are undoubtedly worthy of the scrutiny that the Environment Act affords the opportunity for.
I am extremely grateful to the Government, first, to Minister Pow and her officials for coming before the Environment and Climate Change Committee on 9 June and for engaging with other parliamentary committees. I am also grateful to the Government for finding time for this debate today and for their commitment, despite our now being beyond the allotted time for parliamentary scrutiny, to consider the responses as they draft the final statement.
I was particularly pleased when we had our meeting with Minister Pow to hear of the steps being taken by the MoD to take forward the intentions of the principles, consistent with its role. The exclusion of certain areas of fiscal and defence policy from the duty to have regard to the EPPS was initially of extreme concern to Members of both Houses during the passage of the Environment Act. I therefore applaud the work of the MoD and Defra, which I am sure has been chivvying the MoD along, to pick this up. I say with some degree of confidence that my committee will be keen to look at the progress the departments are making in due course.
The Government have made some welcome changes in light of the consultation they undertook on the first draft, but significant concerns remain, first, about whether it provides clarity to Ministers to know how to interpret the five internationally recognised principles and in so doing achieve the Government’s ambition; and secondly, about their failure to propose any effective monitoring. In a letter to the Minister of 23 June, my committee highlighted a number of areas where we had concerns and I shall focus on a handful today.
First, what constitutes a proportionate approach in applying the principles to policy-making? There is an extremely strong case that the environment remains insufficiently weighted in the articulation of what is a proportionate response. The concern about encouraging an excessive degree of proportionality was raised in debates on the environmental principles during the passage of the Environment Bill and again by many respondents to the Government’s consultation on the first draft. It is disappointing, therefore, that this latest draft does not sufficiently address this. Indeed, it is arguable that the intent is further weakened in the draft EPPS in its definition of what constitutes a proportionate response by Ministers when considering the potential effects of a policy option. The draft says that it depends on whether
“the environmental effects of a policy … are both a) likely to occur, and b) likely to have a significant effect.”
Surely, if we want to capture the consideration of environmental effects into decision-making, the wording should be if they are “possible”, rather than likely to occur and have serious environmental consequences.
The draft is also far clearer on what policymakers should not do rather than what they should. For example, it says:
“Policymakers are not expected to carry out a ‘deep-dive’ assessment into all environmental effects … Nor are policymakers required to replicate the environmental impact assessment process”,
and goes on to allow policymakers to
“apply the policy statement in a lighter-touch way, where appropriate”.
Without any examples of what policymakers should do, the overriding impression is that the intent is to minimise the effort for policymakers to consider the environmental impacts. It is therefore imperative that the proposed toolkit of resources for government departments, to support them in implementing that duty, makes crystal clear what is required.
Therefore, although I appreciate that the interpretation and application of the environmental principles by the Minister should be appropriately balanced between the environmental, social and economic considerations, it is fair to say that I am not yet confident that the articulation of what constitutes a proportionate response in the draft statement protects environmental concerns from being consistently overridden by economic and social interests.
Secondly, my committee agreed with the OEP, which expressed in its letter from Dame Glenys Stacey to Minister Pow, on 8 June, that the interpretation of the precautionary principle creates a risk of allowing preventable environmental harm. The interpretation of the precautionary principle in the draft is different from its established use as a means to deal with uncertainty. It is usually understood to apply where there is a risk of serious or irreversible damage, and where potentially damaging action or inaction should be avoided—this is the crucial bit—even if there is a lack of full scientific certainty. The draft seriously qualifies this, however, by stating that
“there must be sufficient evidence that the risk of serious or irreversible damage is plausible and real, and where choices are considered to prevent or reduce the environmental degradation … they should be cost-effective.”
This worrying reinterpretation of the precautionary principle continues in the new duty given to it to incentivise innovation. Incentivising innovation is an entirely laudable policy objective but not an integral part of the precautionary principle itself. The former is an approach to appropriately weigh up and manage the benefits and risks inherent in the latter.
To me, this reinterpretation exposes the tension in the Government over what post-Brexit Britain means. The battle rages on over whether we are to have a bonfire of regulations, moving to a US proof-of-harm approach, or our own version of the EU regulatory model, which supports environmental and social outcomes while creating a level playing field for business. We have Ministers openly and actively criticising the environmental principles, particularly the precautionary principle. It is therefore arguable that this wording is an attempt to reconcile the unreconcilable and meet the divergent aims of the respective wings of the Tory Party. I will not ask the Minister to comment on that but I ask him whether he accepts that, although promoting innovation is an entirely laudable policy objective, it is not by any stretch of the imagination an integral part of the precautionary principle itself.
Thirdly, there is not a sufficient sense of urgency in the description of the prevention principle. It sets out that it would be preferable for environmental damage to be prevented, but that does not appear to be a priority. The need for timeliness and urgency of action could be more ambitiously worded in the description of when to use the principle.
Concerns were raised during the passage of the Environment Act about the urgent need to tackle the appalling environmental and human health impacts of sewage releases into our rivers and streams. In the absence of the noble Duke, the Duke of Wellington, who cannot be with us today, I contend—though not as well as he could—that there is an extremely strong case for strengthening the phrase:
“The principle is most effective when it is considered at an early stage”
by the addition of:
“Where environmental harm is already occurring, prevention should be applied without delay and as soon as possible.”
Fourthly, on the implementation and monitoring of the EPPS, clearly it is not just the statement itself that is important; the guidance, support and resources will help Ministers and departments to implement it, making clear what they should do to seize the opportunities for the environment rather than just limiting environmental damage. At the meeting with the Minister and her team, we learned that they are still discussing how to roll this out and implement it, with a team working on producing resources such as training, videos and case studies. That is a really important job—arguably as important as the statement itself—and it is critical that it does the job that we need it to do. To ensure that it does so, will the Government commit to asking the OEP to review those resources before they are finalised?
There is, in addition, a deeply worrying omission: a failure to monitor how departments are taking forward the principles and the impacts of their introduction. We all know that what is measured matters. Here I agree with the Secondary Legislation Scrutiny Committee. I will be brief, given that its chair and other members are here to, I am sure, make the case far more eloquently than I ever could. It is essential that the practical implementation and effectiveness of the policy statement, and indeed the principles themselves, are properly monitored and evaluated. If there is no audit trail, it is hard to assess whether the principles or the policy statement have had any effect. Therefore, it is hard not to conclude that the Government are not sufficiently committed to ensuring that they are implemented and deliver the environmental outcomes that the Government say they want.
Getting this EPPS right really matters. The environmental situation we are in requires urgent attention; consider the health of our rivers, our depleted soils and our crashing insect populations, to name but three problems. Last month the OEP produced its first review of the Government’s plan for environmental improvement. It called for a much sharper focus, spelling out that success rests on all government departments —everyone across Whitehall—working well to deliver those goals. A strong EPPS is critical to making that a reality.
The Government really need to get on with it. Progress on implementing is slower than the urgency of the task to turn this around demands. It is unclear what the timetable is for producing a final statement and how much time is allowed for departments to prepare for the duty. It is not just Greener UK which has been championing this. The business group Aldersgate, with members including BT, Nestlé, Siemens, IKEA and Scottish Power, has been calling for rapid implementation. When do we anticipate that it will come into effect?
The EPPS could have enormous potential to deliver on the Government’s ambitions but, as it stands, it is insufficiently clear to Ministers what they need to do and it lacks a necessary audit trail. The Government need to take the chance to revise it further as it moves to a final version. Without that, it is hard to see how the Secretary of State could meet requirement of Section 17 of the Environment Act—that they are satisfied that this policy statement will
“contribute to … the improvement of environmental protection, and … sustainable development.”
I beg to move.
Lord Hodgson of Astley Abbotts (Con)
My Lords, as the noble Baroness, Lady Parminter, made clear, I am not a member of her committee, so I shall not say much about the purpose of this regulation other than that, as she explained in her very interesting and wide-ranging speech, it is very significant. It has very significant consequences for the environment, about which so many people feel very strongly.
In my few minutes, I want to concentrate on process. Let me use the hackneyed phrase “You have the hand of history on your shoulder”. This afternoon, noble Lords are creating a precedent. This is the first time we have discussed a statement such as this. The way that it is being scrutinised will be used by the Government as a precedent for why future such arrangements should follow the same routine. It is a precedent which, I regret to have to say to my noble friend the Minister, represents another power grab by the Government and will contribute to the growing imbalance in power between the Executive and the two Houses of Parliament. It is not Lords versus Commons; it is Lords and Commons versus the Government.
As the noble Baroness said, I chair the Secondary Legislation Scrutiny Committee. It is a cross-party committee—the noble Baroness, Lady Bakewell, whom we shall hear from in a few minutes, is one of our number. We have a terrific staff, and we meet weekly to scrutinise the 600 to 700 regulations made every year, each one of which imposes the law on every citizen of this country. We produce reports every Thursday following our meetings on Tuesdays—one has been published today—drawing the attention of the House to issues in the current crop of regulations for the week that we think might be of particular interest to your Lordships.
I emphasise that we are not concerned about actual policy. That is for the electorate to decide when the general election comes. However, we are concerned inter alia about whether the implications of the policy have been thought through, whether it has been adequately consulted on and whether it is likely to fulfil its primary policy objectives. Your Lordships will have seen from our report, which the noble Baroness quoted, that we felt that the regulation fell short of those and other objectives in several significant aspects. In its way, this is another example of the Government’s increasingly cavalier attitude towards Parliament and its duties of scrutiny.
Some noble Lords will recall a childhood game called “Grandmother’s Footsteps”. The child who was it had to face the wall and the other children playing the game would try to creep up behind. The child who was it could turn round at any moment, and if it caught the other children moving, they had to go back to the beginning. I am sure that several members of the Committee will have played that. That is what is happening here. While Parliament is looking the other way, the Government are creeping up on it, and we need to consider what we are going to do about it.
The seriousness of what Parliament faces varies. First, some of the problems could be solved by Ministers taking a better and tougher administrative grip by ensuring, for example, that impact assessments are available every time a regulation comes before your Lordships’ House. Your Lordships will not be aware of this, but last October we gave permission to a Department for Transport SI for which the impact assessment was published six months later, in April. What use is that? Secondly, departments could do a great deal better planning so that fewer instruments arrive in a rush, with the almost inevitable consequence that there has been inadequate consultation.
Some of the problems could be solved by greater clarity in policy, by, for example, distinguishing between regulation—the law—and guidance. I ask noble Lords to cast their minds back to the first month of the Covid outbreak. Do your Lordships remember being told that you could exercise only once a day? That was not true. Exercising once a day was in the guidance. The regulation—the law—put no limit on the number of times you should exercise. There was this wash-over between regulation and guidance, determinations, protocols and all sorts of other semi-legal pieces of government policy.
The Government could also improve things by not increasing the use of tertiary legislation, in which powers are passed down outside Parliament to bodies over which there is no democratic observance or control. The College of Policing, which is extremely important to the way our police service operates, has no statutory role at all but has a great deal of influence in the policy followed in that area.
All the really fundamental challenges come from the Government’s increasing use of what we have come to call framework Bills, in which the statute has only the broadest sense of policy travel and all the detail, which is what really matters to us all, is left to secondary legislation. In essence, the regulation before us is an example of what happens when you have a framework Bill. The parent Act, the Environment Act 2021, will have gone through the careful, helpful, thorough scrutiny afforded to primary legislation, both here in your Lordships’ House and in the House of Commons. But no one then knew the way in which the Act would be brought into force and the detail that would follow.
I take one example from the noble Baroness’s speech a few minutes ago. She talked about the definition of “proportionate”. I ask members of the Committee to hold that word in their mind for a second. The challenge we face with secondary legislation scrutiny is that, while we can discuss it—as we are doing this afternoon—say what is wrong with it and question my noble friend about what he is going to do about it, no matter how unsatisfactory his answer is, we cannot amend it. We can only accept or reject it. Since the latter is a pretty nuclear option, not surprisingly your Lordships’ House has been reluctant to finger the reject button.
I go back to the word that I asked the Committee to hold in their mind a minute ago. If “proportionate” had been in the primary legislation, think of the discussion there would have been about it and what would have gone on in the House. There would almost certainly have been some amendments about it, some definitions sought and clarity requested. The Government’s thinking would have been teased out in all sorts of ways. This afternoon, an hour from now, it will be through—done and dusted. The House will have no further say about it except and until a Minister—I do not mean my noble friend—says, “Well, I think we’ll change this a bit and put through another regulation”, which we will also be able to discuss and debate but not change. I hope my noble friend’s officials will not pass him a note saying, “Minister, when you come to wind up, just remind the Committee that all the regulations have to be approved”. They do, but the way they have to be approved is a sophistry. There is no reality to it at all.
Why are these draft framework Bills being brought forward? First, the world is moving faster and the rather stately pace of primary legislation is finding it hard to keep up. I recognise that. Secondly—and perhaps less attractively—the Government have brought forward legislation on which they have not been able or willing to undertake the intellectual heavy lifting to think through the policy before the parent Bill is brought before your Lordships’ House. It is a policy you might describe as making it up as you go along. Thirdly—and worst of all—Ministers are seduced by their civil servants, who say, “Minister, don’t let’s write this into the primary legislation. It is awfully inflexible if we do. Let’s just take some powers and then if we don’t like it, we can change it. We know neither House can amend those regulations, whereas if the primary Act gets stuck, goodness me, there’s going to be trouble. We’d need a new Act and the Prime Minister will ask why we’re stuck on this silly thing and who got it wrong in the first place.” Therefore, the tendency is to let this all pass by and appear at a lower level, as we are seeing this afternoon.
I said I have some sympathy with the view that the world is moving faster and primary legislation cannot keep up. But if the Government want to grab a little, as they are doing this afternoon, they need to give a little. They must help establish a new procedure for scrutinising framework Bills. In fact, I do not mean framework Bills but Bills in which there are framework clauses. Most of what we do with secondary legislation is fine, but there are an increasing number of areas—we have seen some this afternoon, as set out in the speech from the noble Baroness, Lady Parminter—where we need the ability to dig in and, where necessary, amend.
I said at the beginning of my remarks—I must end them shortly—that this regulation represents a precedent. Well, we are going to see a lot of precedents in the next few months. We have the Schools Bill, the Online Safety Bill and the Brexit freedoms Bill. If that is as I am told, I do not think that those who voted for Brexit, saying that it would mean we were taking back control, thought that meant taking control from Brussels and handing it to Whitehall without Parliament even seeing it on the way through, but that is what that Bill sounds as though it will do.
My noble friend the Minister may be tempted to respond by saying to me, “Look, guv, it is nothing to do with me. I am a junior Minister in Defra and this is all above my pay grade. This is the wrong speech to be making here; go to the Cabinet Office and try it again.” With great respect to my noble friend, I am afraid he is wrong. The bedrock of our democratic system is trust and confidence, leading to the key ingredient of informed consent. Every government Minister has a duty and role to make sure that principle of informed consent is adhered to and strengthened. These regulations, the Schools Bill, the Online Safety Bill and the Brexit freedoms Bill are stretching that principle of informed consent to breaking point, and so risk undermining public confidence in the way our governmental system operates. I am sure the Committee and, I hope, my noble friend accept that that would be a disastrous outcome.
Baroness Bakewell of Hardington Mandeville (LD)
My Lords, it is a great pleasure to follow the noble Lord, Lord Hodgson of Astley Abbotts, and I agree with the vast majority of what he said.
Since the publication of the Government’s 25-year environment plan, we have become familiar with the five environmental principles. They, and the effect they would have, were debated at length during the passage of the Environment Bill. Politicians of all political persuasions and none, along with the public, set great store by these principles in the hope that they would save, if not the planet, our small but significant corner of it. I looked forward with anticipation to the policy statement that would set out the stall for the five principles.
Sadly, I was disappointed, as were many others. My noble friend Lady Parminter set out clearly, as always, her disappointment and that of the Environment and Climate Change Committee with the lack of enforceable commitments in the policy statement. On behalf of the Secondary Legislation Scrutiny Committee, of which I am a member, the noble Lord, Lord Hodgson of Astley Abbotts, set out its concerns.
The environmental principles will be the first piece of legislation in the form of a policy statement to come before the House and, as such, are something of a trailblazer. It is therefore vital that sufficient weight and debate are attached to how they are dealt with; a precedent is being created. This is the first such draft policy statement and of enormous significance.
The purpose of the principles is to change the way in which the whole of our legislative process is to operate and make our country into a world leader in its environmental credentials. The Government’s desire is to leave the environment in a better state than they found it. The public have emotionally signed up to trying to save the planet, thanks to the tremendous work of David Attenborough. Thousands of residents now know what happens to the creatures in our oceans and that it is our fault that they are suffering from huge microplastic pollution. Thanks to the noble Duke, the Duke of Wellington, nearly every village in the land is now aware of sewage discharges, both deliberate and accidental. There are many other incidents where information has been circulated and the voting public are now saying, “This is not right. This should not be happening. We need to clean up our act.”
The Environment Act was a landmark piece of legislation, underpinned by the five environmental principles. I will not repeat these, as they have already been laid out by my noble friend and others will obviously refer to them, but they cannot be changed without primary legislation. They should have the necessary teeth to make changes to our biodiversity, climate and carbon outputs. The draft EPP statement says the five principles should be considered when Ministers make policy and where relevant. Who will decide when a policy is relevant? The document also says:
“However, the principles are not rules and they cannot dictate policy decisions by ministers.”
Just what is the point of the principles and the hours and hours of debate we had during the passage of the Environment Act? Sometimes I despair.
Under “Proportionality” is the following paragraph, which my noble friend Lady Parminter referred to:
“Policymakers are not expected to carry out a ‘deep-dive’ assessment into all environmental effects, as these may not be known.”
This is undoubtedly true, but skating over the surface is not likely to flag up some extremely damaging impact that may lurk under the surface. The document goes on:
“Nor are policymakers required to replicate the environmental impact assessment process.”
Since the word used is “replicate”, it is fair to assume that someone somewhere is carrying out this environmental impact assessment. Can the Minister say who will have responsibility for doing this?
Under the section relating to the “polluter pays” principle and deciding just what or who is the polluter, there are many words that indicate that basic economics may decide whether the polluter pays. There is a definite watering down of this principle and an attempt to spread the cost to those affected, rather than those causing the environmental pollution and possible health implications. For a cynic like me, the whole of this section can be summed up as arguing over how many gnats can dance on the head of a pin. It is a charter for “get out of jail free”. I hope the Minister can reassure me that this is not the case.
I could go on, but others wish to speak after me and I am keen to hear what they have to say. Monitoring and tracing are vital if the environmental principles are to have any effect. Audit has to be everything. I reiterate that I remain deeply disappointed by this document. In its current form it is unlikely to deliver what the Government have claimed to be its aim: to make the UK a world leader on environmental matters.
Baroness Boycott (CB)
My Lords, it is a great pleasure to follow the noble Baroness, Lady Bakewell. I congratulate the noble Baroness, Lady Parminter, on securing this debate. As others have said, these principles are unbelievably important. Without them, we will not have a chance of meeting the greatest crisis that humanity has ever faced.
I sit on the committee chaired by the noble Baroness, Lady Parminter, and I completely agree with her about how few enforceable standards and commitments there are. Indeed, many of the submissions we have had from government departments have shown a lack of joined-up thinking, commitment and follow-through. It has been pretty frightening, and it continues to be a frightening state of affairs.
Let us talk about the principles here. Ministers have a statutory duty to have due regard to the policy statement when designing the policy and embedding the environmental principles into policy-making, but it seems quite extraordinary that there are total exemptions for the Armed Forces, defence, national security, taxation, spending or the allocation of resources within government. There are basically no policies, or very few, that do not involve spending, so can the Minister give an assurance today that these exemptions about spending will not simply be used as a loophole by departments if they want to do something not in the spirit of the principles? This is a point that the noble Lord, Lord Hodgson of Astley Abbotts, made when he talked about these vast framework Bills under which an awful lot of things about which we know nothing can go on.
When asked what scrutiny there would be of the implementation of the principles, Defra responded to the Secondary Legislation Scrutiny Committee:
“It is primarily for Government Departments to ensure the duty is implemented effectively in their policy making. The Office for Environmental Protection will monitor the implementation of environmental law, which will include the requirement to have due regard to the policy statement.”
I do not see how it is at all clear how government departments will monitor whether new policies are consistently supportive of positive environmental outcomes, how they are to report on the implementation of the duty in their policy-making or, indeed, how its impacts are driving environmental improvements. What is the assessment process going to be?
The issue of monitoring constantly raises its head, most recently this week in the Climate Change Committee’s latest progress report to Parliament, which warned that without a clear way to monitor areas such as peatland restoration or tree planting, we just will not meet our targets. It also said that there was a clear lack of cross-departmental consistency in policy, a point I have just made and which has come up over and over in the committee. In fact, we have seen it recently, with the Minister’s own department and the trade department squabbling over trade standards with regard to Australia, and with health wanting to reduce the intake of junk food but DCMS overturning that to protect the interests of advertisers, couched in some idea about the cost of living crisis. I simply do not see why this measure will be different.
I do not doubt that the Minister wants it rolled out properly, and perhaps he shares my doubts about some of the other departments, but, without proper monitoring and reporting, there is really very little hope that it will be a success. If it is left to the individual discretion of individual Ministers with no accountability, recent history teaches us that it is unlikely to work.
The recent OEP report, Taking Stock: Protecting, Restoring and Improving the Environment in England, stressed the importance of urgent action to deliver environmental improvements. On the Government’s overarching ambition that this should be the first generation to leave the natural environment in a better state than it inherited, it says that
“we are concerned this vision does not have cross-government support or the same urgency, gravitas and awareness as the vision for Net Zero.”
Those are all points that have come from the noble Lord, Lord Deben, who said earlier this week in relation to the CCC report that
“although the Government is doing well on some things”—
everyone acknowledges, recognises and congratulates them on EV rollouts and on the bid for alternative energy—
“right across the board there are serious gaps, and under the present proposals”—
this is the noble Lord, Lord Deben, not me—
“we don’t believe that you can reach the statutory, legal targets which we need to reach.”
He was very clear that ambition is one thing, and it is welcome and necessary, but it is implementation that the Government have to focus on—something that the OEP agrees with. Again, I know that Defra Ministers get the issues and want to take bold actions, but I worry that some of their colleagues across government do not share their desire for rapid implementation. It is worth noting, as other noble Lords have done, that the public, right across the political spectrum, are overwhelmingly now in favour of bold action.
The Environmental Audit Committee 2021 report, Biodiversity in the UK: Bloom or Bust?, found that excluding the Treasury from being bound by environmental principles would mean that
“the impact of Government policies and projects on nature is not adequately factored into spending decisions”
and that if we are to
“achieve the transformational change necessary to address biodiversity loss, nature must be considered to ensure the best balance in policy-and decision making. Failure to do so will mean we continue to over-exploit nature, to the detriment of the natural world and ourselves.”
As we all know, the CBD conference is coming up this year and there will be binding targets. I do not feel that very much is yet in place, in our Government or in our finances, to be able to implement the type of targets that will be agreed. We do not want to see the same thing happening as happened before with the Aichi targets.
The Environmental Audit Committee followed up by writing to the Secretary of State in March, reiterating its calls for a net-zero stress test on the 2021 Budget and all subsequent fiscal events, and for the development of nature tests to be applied to spending decisions as a means for the Treasury to demonstrate its continued commitment to integrating the lessons of the Dasgupta review into policy-making. Where is this? What is it, and where can we find it?
Defra aims to publish the final environmental principles policy statement in the autumn, but no date has been given for when the “due regard” duty will commence. How will the environmental principles inform policy development and decision-making pending publication of the final policy commitments of the duty? Greener UK has raised a number of concerns about the draft policy statement watering down principles around proportionality and how the precautionary principle is implemented, as the noble Baroness, Lady Parminter, has spoken about.
I will say a few words about the “polluter pays” principle. In this situation pollution is synonymous with environmental damage, but it is extremely unclear who is meant by this. The document states:
“The polluter pays principle is applicable where there is evidence of, or potential for, environmental harm”.
Who judges what is proportionate? If a chicken farm is polluting a local river to the extent where it is harmful for animals and humans to be in it, but the argument of food security is posed, who is allowed to go ahead and what is considered proportionate? I know this has been raised by other noble Lords, but it is a very important point.
Finally, what will paying constitute? Is it fines? Is it an environment equivalent of a carbon tax at a flat rate? Will it be set at a level to ensure that organisations or individuals do not just accept the fines and work them into their business models? Will it include a ban on the polluting activity in question? I think we all remember the famous quote from the head of Southern Water who, when asked why he had poured sewage into the sea off Sussex and just accepted a £90 million fine, said it was cheaper to put the sewage into the sea and take the fine than to try to fix the problem. Can the Minister tell us whether these principles will apply in those areas of policy-making as well as across such other areas as procurement and fossil fuel extraction?
I will end by saying more generally that the onus is entirely on the Government within this Parliament, because we do not have a lot of time to turn the rhetoric into ambitious policies that enable business and other sectors to achieve positive tipping points in our economy.
Baroness McIntosh of Pickering (Con)
My Lords, I am delighted to follow the noble Baroness and her eloquent, thoughtful contribution. I congratulate the noble Baroness, Lady Parminter, on giving us this opportunity to debate the first statement on environmental principles.
I start by following some of the points my noble friend Lord Hodgson of Astley Abbotts contributed. In particular, I look forward to hearing my noble friend’s response to the call of the Secondary Legislation Scrutiny Committee’s report. It says in paragraph 40 that, as
“this is the first policy statement under the Act, it is essential that the practical implementation and effectiveness of the policy statement … be properly monitored and evaluated by all government departments”.
That was touched on by most of the contributions this afternoon.
When I was in the other place chairing the EFRA committee, I was at my wits’ end because so many of the regulations that came through were from Europe, and we could only—as my noble friend has explained—rubber-stamp them. They contained all the policy provisions. As we know, we often gold-plated them. One of the benefits of leaving the European Union is that we can no longer gold-plate policy from that particular quarter. It is very important, as my noble friend Lord Hodgson explained, that we have the opportunity to think through—this is the role of that committee—not only whether the policy has been adequately consulted on but whether it fits in with the primary policy objective. So often we find that not to be the case.
We have taken an awful lot on trust in the last two years. We have adopted very important Acts of Parliament with huge powers under Henry VIII clauses. Possibly—I say this as a very brave Back-Bencher—we ought to take the nuclear option more often, because we are imposing real obligations on businesses. I am thinking in particular of farmers and landowners. Perhaps we will leave it to the main opposition parties to do that on more occasions and we can cower behind them.
My noble friend came out with this idea of having a new procedure to scrutinise these framework Bills in the first place, but surely we could just make more use of the procedure we have of considering draft Bills. It is incumbent on the Government to explain why we are not using that procedure. We are running into enormous problems in this Session as well, where we have passed down the opportunity to consider things at the stage of a draft Bill. Perhaps ask a scrutiny committee or a Select Committee in each House to do this as part of their regular work. I am sure the noble Baroness, Lady Parminter, and her committee would do that.
Lord Hodgson of Astley Abbotts (Con)
I absolutely accept what my noble friend says. I was not suggesting that this was the only way to skin the cat; I was just trying to say that this was one way it could be skinned. The important thing is to get a discussion going about the fact that the cat needs skinning. We have not got to that but we need to get to it. The procedure is of secondary importance; the first thing is to persuade the Government and the Opposition Front Bench that this issue needs addressing.
Baroness McIntosh of Pickering (Con)
I put on the record that I do not wish to skin any cat, for obvious reasons. I am just trying to support my noble friend’s proposal and the noble Baroness. Peace has broken out on the Committee.
I congratulate the noble Baroness, Lady Parminter, on the ground she covered in her opening remarks. I do not wish to comment where I agree, but I take issue with one thing—my noble friend the Duke of Wellington is very aware of this. I believe it is unacceptable to continue to have the possibility of raw sewage entering the river or bathing waters at an earlier stage. I know this is a different department; this is one of the problems we have identified this afternoon. If you are to have a commitment, which I think all parties agree to, of building 300,000 houses a year on land that is prone to flooding, in inappropriate places and connected to pipes that are not fit for purpose—the Government and the department accept that they are Victorian pipes—we need to allow a massive investment in the next AMP round, the price review in 2024, for the water companies to do this. I challenge my noble friend to bring forward Section 23 of the Flood and Water Management Act 2010 to enable us to do so. In 2007 Michael Pitt called for an end to the automatic right to connect. It is inappropriate that someone living in an existing development should face the possibility of raw sewage coming into their home because the wastewater does not fit into the existing pipes. We have to end this disgusting practice, and now.
I am a big supporter of Surfers Against Sewage but it is missing the point. We are dealing with this at the wrong stage, and much as I welcomed my noble friend the Duke of Wellington’s amendment, that is too late. If we have this housing commitment—I do not disagree with it; I just do not know where all these people are coming from—we need the investment in wastewater. Bring forward Schedule 3, give us a date and ensure that we end the automatic right to connect with no provisos, ifs or buts—just completely end it—allow water companies to disconnect until the investment has been made and recognise water companies as statutory consultees. Then we will no longer be pumping raw sewage into rivers and bathing waters in the first place. I shall calm down now.
I invite my noble friend and the department—as my noble friend Lord Hodgson asked us—to make sure that there is joined-up thinking between the different policies coming out of one department. I make a plea that food production, as the NFU president asked for today, be recognised as a top priority of the department. I have heard my noble friend either respond to Questions or make Statements in this regard on a number of occasions and I wholeheartedly support him in that, but we are currently only on 60% self-sufficiency in food. The NFU pointed out today in the publication of its survey that farmers’ confidence to invest has been severely dented by all the reasons the noble Baroness, Lady Boycott, rehearsed before us this afternoon. It has been dented by the spiralling costs of energy and fuel in this country, which are not within our control; they are the result of the war in Ukraine. That is a challenge to the Government; we have to have more storage of gas. We cannot have just 30 days —or was it 60 days?—of storage. It is clearly insufficient before we go into another autumn.
How does my noble friend respond? I invite him to support the call from the NFU for the Government to introduce a duty on Ministers to assess the impact of any new policy—I take the environmental statement of principles to be a new policy—on food production.
The survey results from the NFU show that a third of arable farmers have made changes to their cropping plans in the last quarter or four months, which 90% of growers attributed to rocketing fertiliser costs. Growers are now switching from growing milling wheat for bread to growing feed wheat for animals, because it has a lower fertiliser requirement. Also, over the next two years dairy farmers were most concerned about prices of feed, with a 93% increase; fuel, with a 91% increase; energy, with an 89% increase; and, as my noble friend the Minister knows, fertiliser, with an 88% increase.
Why is this important? As we consider the environmental principles policy statement today, the Government are putting the finishing touches—I hope—to the environmental land management schemes. The noble Baroness, Lady Boycott, has spoken eloquently on this on a number of occasions. There are simply too many competing uses for land. Will my noble friend confirm that farming and food production are public goods for the purposes of environmental land management schemes, and that the five environmental principles before us—the integration, prevention, rectification, polluter pays and precautionary principles—will have a crossover to ELMS, with the sustainable farming incentive, local nature recovery and landscape recovery uses? Without that, it will be totally confusing for our farmers and growers to know what they have to do.
I welcome the opportunity to debate these issues today. I hope we will be able to give confidence to farmers, growers and consumers and have greater clarity, not just on what the environmental principles will be but on how these will impact on ELMS and other aspects of Defra work.
Baroness Jones of Whitchurch (Lab)
My Lords, I thank the noble Baroness, Lady Parminter, for tabling this debate and setting out the concerns of the Environment and Climate Change Committee so clearly and eloquently.
Like other noble Lords, I was extremely interested in the comments of the noble Lord, Lord Hodgson. He raised some important issues and gave us a bit of a history lesson, looking back, but the challenge for us here is looking forward. He referred several times to the statement as regulations, but I am not sure that is quite the status of this document. The question is: what is its status? The noble Baroness, Lady Bakewell, said it was a new animal, a trailblazing mechanism, and I agree. The problem is that what we have before us is not an SI, which at least has a formal procedure, imperfect though it is—negative, affirmative and all those issues. It is not that. When it was first published, I put down a Written Question asking how Parliament was to scrutinise it. It was passed from pillar to post before I finally got an answer from anyone.
Indeed, I do not think we would have been having this debate if the noble Baroness, Lady Parminter, had not tabled this Motion. It seems to me that this is wholly inadequate and that there should be a much more formal process for consideration of these sorts of policy statements. I do not know how often the Government were thinking of replicating this, but I certainly hope the Minister can give us some more assurance that there is a proper, formal process and that we do not have to put these special requests in if we want to debate this. It should be part of an established mechanism.
I suppose that then raises the question of what happens. We are now considering a draft. We have all piled in and made comments, and there have been formal comments from some of the committees, so what is the status of all those comments? How can we be assured that they will be taken on board? What is the status of this discussion here? Without getting into a detailed discussion with the Minister, I hope he is able to give us some assurance on all this that these matters are being taken seriously.
All noble Lords have made the point about how important these principles are and how fundamental they are to all the work we are doing on protecting the environment. It is a crucial wing, as the noble Baroness, Lady Parminter, said, of the environmental governance system for England, which we spent many happy hours scrutinising during consideration of the Environment Act. If these principles fail to do their job properly, that undermines the other elements of the environmental governance package, so it is crucial that the wording in this document is clear, unambiguous and consistent with the other provisions of the Act.
That is why I very much commend the committee of the noble Baroness, Lady Parminter, for rightly spending time considering in detail the draft and the intent behind it, and I pay tribute to the care with which it has done so. Like the committee, we feel that there is more to be done to strengthen the wording. For example, we share the concerns expressed today about the repeated emphasis in the draft on the need for a proportionate response to the application of environmental policy statements. It sounds like such a reasonable phrase until you dig down into what exactly is meant and how it is being applied in this context.
As the very helpful briefing from Greener UK points out, proportionality gets mentioned 19 times and is a running theme of the draft. In that context, it encourages Ministers to interpret and proportionately apply the principles rather than making them a requirement of the policy direction, which in effect means an element of watering down rather than having a balanced judgment. It also calls on Ministers to balance social, economic and environmental considerations in making policy and to factor in the financial costs and benefits.
This has resonance with our long debates on the Fisheries Act when we were debating sustainability. The Government’s insistence on balancing sustainability with social and economic factors has resulted in continued overfishing and depletion of stocks, and that is just one example. These considerations could well result in a justification for the cheapest policy option being pursued on the grounds of economic concerns, even if it could result in the greatest environmental detriment. That is not the right balance; you do not balance all those things equally. As we tried to argue in the Fisheries Act, sustainability should be the prime factor and the other factors should be secondary. We were not successful then, but in this case the environmental principles and policies should be the primary factors while other factors should be secondary. In effect, what we have here is that Ministers are given an opt-out clause to ignore the environmental principles if they think other factors are more important. I hope the Minister will feel able to take the draft away on that count and revisit the undue emphasis on proportionality.
The noble Baroness, Lady Parminter, also rightly raises the committee’s concerns about the new interpretation of the well-established precautionary principle. As she says, the wording has moved away from the established use where there is a risk of serious or irreversible damage, even if it lacks full scientific certainty. It is a question of how you measure the unknown unknowns, if you like. Now the draft introduces new caveats about needing sufficient evidence that there is a threat of serious irreversible damage, and any choices to prevent environmental damage should be cost effective. However, it does not make clear how you can judge whether something is cost effective when the full impact of any future harm clearly cannot be calculated.
Again, that gives Ministers an exit route to ignore the precautionary principle, which has stood us in good stead for so many years. As several noble Lords have said, that is worrying; there has been some quite negative briefing against the precautionary principle over the last few months, but it has stood us in good stead and has proved right on many occasions. It is not something that we should ignore easily. I hope the Minister will be able to reassure us that a wider interpretation of the precautionary principle will be embedded in the final version of the document.
The noble Baroness, Lady Parminter, also raised concerns about the watering down of the integration principle. The Environment Act is quite clear that the Government’s policy priorities should be integrated across all departments, with a requirement to act on them. The looser wording in the new draft simply calls on policymakers to look for opportunities to apply the environmental policies.
Again, a number of noble Lords have said this: herein lies the real problem. Although Defra Ministers may be committed to the environmental policies which have been developed by the department, the fact is that they do not have the clout or influence to roll them out across other departments—a point made by the noble Baroness, Lady Boycott, who gave other examples. We also saw this with the Government’s response to the national food strategy, where there were virtually no commitments to act on the Dimbleby recommendations in the health, education and welfare departments’ responsibilities. This is the real danger in being able to roll out other aspects of the Environment Act which require cross-departmental co-operation. It has not been helped by stories in the news recently that the Prime Minister has dropped his commitment to many of the environmental priorities that had previously been on the agenda. I hope the Minister understands why a clear commitment to the integration principle is essential to making the policies reality.
I hope the Minister can give us some assurance about the timescales for implementing the policy statement and the environmental principles. It has taken us a very long time to get to this point and we really should not have to suffer any further delay. When exactly will the final version of the statement be laid before Parliament? What will be the scrutiny process then for us to have a further look at that draft, and can he assure us that there will be only a limited period of formal implementation, given that the statement will have been in the public domain for many months by then? Can he give more details of how the department intends to use the implementation period to educate and ensure that all departments and public bodies are aware of their new obligations to build the environmental statement into their policy-making processes? I look forward to the Minister’s response.
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)
My Lords, I am very grateful to all noble Lords for their questions and points today, and many congratulations to the noble Baroness, Lady Parminter, on introducing this debate so forcefully. I shall endeavour to answer as many of the points as I can.
The Government have committed that we will be the first generation to leave the environment in a better state than we found it. To do this, we need to put environmental considerations at the heart of policy-making. The environmental principles policy statement will enable us to do so, helping us to achieve the ambitious environmental objectives set out in the Environment Act.
At the risk of sounding oversensitive to some of the points made, it was suggested that I was somehow a journeyman Minister who had just come into this and will be gone tomorrow—I may indeed be gone tomorrow. However, I want to assure noble Lords. The Government brought forward the Environment Act because we mind about leaving the environment in a better state. I have been involved in it from the position of an insignificant Back-Bencher in the other place, working with people such as my noble friend Lord Goldsmith, also then on the Back-Benches, and Sir Oliver Letwin.
Getting these principles in the Bill and then the Act was really important, and their implementation is equally important. I should hate anyone to think that—while I might be put out to grass tomorrow—this is just parliamentary chaff for me. It really matters, and it matters that we get this right and that Parliament can continue to hold Ministers of whatever persuasion to the terms of the Act. It places a legal duty on Ministers of the Crown to have “due regard” to an environmental principles policy statement when making policy. The statement must cover the principles set out in the Act: the integration principle, the prevention principle, the “rectification at source” principle, the “polluter pays” principle and, much spoken about today, the precautionary principle.
The draft statement has been laid before Parliament and has been developed with the input of stakeholders, including environmental NGOs, as well as colleagues from across government. Their feedback and support have been valuable, and we have adapted the statement in response. For example, we have changed the statement so that it guides policymakers towards opportunities to enhance the environment, as well as preventing harm. Text was also added on the links to commitments such as net zero and the 25-year environment plan, as well as further defining the scope of the duty—for example, to arm’s-length bodies.
I would also like to thank the committees that have provided their feedback. We note that the Secondary Legislation Scrutiny Committee has requested a change to the accompanying Explanatory Memorandum to include the definitions of each of the five principles, which we commit to actioning when we lay the final statement. In answer to the question of the noble Baroness, Lady Jones, this will be in the autumn.
The noble Lord, Lord Hodgson, asked about the scrutiny process. We have worked with parliamentary clerks throughout our scrutiny process. The Government are open to feedback on that process, both for this piece of legislation and others. The scrutiny process on the principles was stated in the Act, which was, of course, approved by Parliament.
I turn now to points raised about some of the individual principles. The Environment Act states that environmental protection should be integrated into the making of policies. The policy statement builds on and strengthens this by setting out how this should be done. It states that, in applying the integration principle,
“policymakers should look for opportunities to embed environmental protection”
and enhancement in all policies, subject to the exemptions set out in the Act. I will come to talk about some of those that were raised. This emphasises the need for the environment to be considered as a system across all policy areas from the earliest stages of policy design. This will also help us meet our wider environmental targets, such as climate change mitigation via our net-zero commitments.
I am the Minister for Rural Affairs, so I proof write-arounds from all departments that affect rural communities, the rural economy and rural livelihoods. In the same way, Environment Ministers do that for any policy across government. They make sure that the principles about considering the environment are developed as early as possible in the policy process. That is a job Defra has to do. It is our role in government and one that we are happy to be held to account for.
The prevention principle is intended for use at the earliest stages of policy development. For the principles to be most cost effective and lead to better environmental outcomes, it is preferable for environmental damage to be prevented under the prevention principle. If it is to be addressed after it has occurred, the “rectification at source” and “polluter pays” principles should be considered to reduce, mitigate or disincentivise damage.
Our draft policy statement uses the 1992 Rio declaration definition of the precautionary principle. Its definition states that
“Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.”
I suspect I am one of the few people in this Committee, and possibly in this country, who has actually read the European Union’s guidance on the use of the precautionary principle. It is fundamental to the protection of our environment that we interpret it in the right way and are held to account for that. This principle is an important tool that can be used to manage risk and protect the environment. The principle should not hinder innovation but instead support innovative policy approaches.
I reiterate that evidence is as important as ever within policymaking, and we are not undermining this important and well-established principle. I reiterate that to the noble Baroness, Lady Parminter, who made an important and absolutely justified point about the use of words. Sometimes there is one word, whether it is “likely” or “possibly”, and that used in the 1992 Rio declaration definition is “impossible”. We need some evidence of a threat, even where there is lack of certainty of likelihood or severity, to make sure that it is used in the right way.
This principle is being placed on a statutory footing through the Act to reflect its important role in international, as well as domestic, environmental policy. For example, the successful Montreal protocol, which effectively tackled damage to the ozone layer caused by CFC gases, comes right down to these kinds of principles.
The point that the noble Baroness, Lady Boycott, made about Southern Water was absolutely justified, but I expect its chief executive ate his words when he faced a £96 million fine for what it had released into the Solent. More such fines will come as and when—we hope never—further such acts of what is, effectively, criminality take place.
I reiterate that this is an ambitious policy statement that fully meets the requirements of the Act. This includes the requirement placed on the Secretary of State that the statement will, when it comes into effect, contribute to the improvement of environmental protection—I emphasise that—and, of course, sustainable development.
Taking a proportionate approach plays an important part in policy-making. The new duty will ensure that environmental considerations are factored into policy-making, and this must be done in parallel with other policy considerations. This means that Ministers should balance social, economic, and environmental considerations in making policy. Therefore, we have not substantially altered the role of proportionality in the policy statement from the draft we consulted on. We have reviewed the statement as a whole to ensure that the definition of proportionality is consistent and clear.
We understand how important it is to ensure that government departments are prepared for the duty to have regard to the policy statement when it comes into force. I hope that addresses the point made by the noble Baroness, Lady Bakewell. Engagement is therefore already ongoing ahead of the final statement publication, so we are open and listening to suggestions that are being made.
We have engaged with key departments, such as BEIS, the Department for Transport, the Department for Levelling Up, Housing and Communities, and others. This has included workshops and presentations to build understanding of their approach to the new duty and to identify what support would be useful. Several departments are already looking at developing their own tools, such as their own templates. We are working closely with them to share ideas and identify best practice as we develop a toolkit of resources. Within Defra, we are developing pilot studies to test materials and help establish best practice. That toolkit of resources will be shared across government in advance of the final policy statement. It will contain notes, an introductory video, case studies and other materials to support the application of the principles.
We are also developing an online training package for Civil Service Learning. This is aimed at policymakers and legal professionals and is accessible to civil servants across government.
We are engaging at senior level with other departments through the cross-government 25 Year Environment Plan Board and a network of senior ambassadors. We are working to embed the principles in cross-government guidance and processes, including the Treasury Green Book.
We are currently considering arrangements for the implementation period that will follow publication of the policy statement. I understand that noble Lords want clarity on this, but we will have more clarity by the time we publish it and we will be happy to share it, as we know the amount of work that is involved. We are discussing the possible length of that period across government.
The noble Baroness, Lady Bakewell, asked about enforcement and the OEP’s role in it. The duty for Ministers to have due regard to the policy statement on environmental principles falls within the definition of environmental law. As such, once the duty is in force, individuals—any citizen or organisation—could make a complaint to the OEP regarding Ministers’ compliance with this duty. The OEP has powers to investigate and, where necessary, take enforcement action in relation to serious failures by public authorities to comply with environmental law. Nobody doubts its determination or its wonderful chairman’s indefatigable independence. It is flexing its muscles as it develops, and it will be a force for good across government policy-making.
At the end of the implementation period, the legal duty will come into effect and apply to policies made after this date. This includes policies that are in development leading up to this. We must therefore ensure that we balance the importance of bringing the new duty into force as soon as possible with the time needed for departments effectively to implement it. I am sure all noble Lords understand that.
We are discussing and considering internally the best way to evaluate the effectiveness of how the environmental principles are applied—this was the concern of the noble Baroness, Lady Parminter—and how they are applied in the future. However, neither the policy statement nor the Act is prescriptive about how departments should apply and document their implementation of the duty. The most appropriate way to do this will depend on the policy. Different government departments may have different approaches.
My concern is not for my tenure in this office but that future Ministers will be held to account if they do not stick to the letter of this law. Ministers will be responsible for implementing the new duty within their departments and our toolkit will provide templates, guidance and support. Departments will need to consider what records should be kept to demonstrate that the due regard duty has been satisfied.
The question of exemptions was raised, and I remember this lengthy debate during the passage of the Environment Act. As for which policy areas will be exempt from the statement, work is already under way in the Ministry of Defence to design processes that will achieve the outcomes required by the principles duty and to report on actions taken. The work is being led in the MoD’s new climate change and sustainability directorate, which is also responsible for its wider environmental sustainability work and will actively work with Defra and other government colleagues to maintain a coherent and robust approach.
Taxation, spending and the allocation of resources within government are excluded from the remit of the duty. The exemption on the allocation of resources refers to central spending decisions only. Individual policies that require spending will be within scope of the duty to have due regard to the policy statement. The Treasury’s world-leading Green Book already mandates the consideration of environmental impacts, climate change and natural capital on spending.
I add that the new duty goes further than corresponding provisions under the Treaty on the Functioning of the European Union, which are not legally binding for member states. We want to ensure that these principles not only guide our domestic policy, but that they are used properly and transparently, and on all policies that have an environmental impact—not just on environmental policies.
I say to my noble friend Lady McIntosh that the Agriculture Act says:
“In framing any financial assistance scheme, the Secretary of State must have regard to the need to encourage the production of food by producers in England and its production by them in an environmentally sustainable way.”
No farmer in this country should be in any doubt that we want them to produce food, but to do it sustainably. That is the direction of travel of our farming reforms.
I am grateful for this opportunity to hear views on the environmental principles policy statement, and I thank noble Lords here today for this discussion, which has highlighted some really important considerations. It is important that we are able to agree on and implement the final policy statement quickly and effectively. To put environmental protection and enhancement at the heart of policy-making in government, the Government will consider all comments from within this House and beyond received during the parliamentary scrutiny period and will publish a response alongside the final policy statement in the autumn. By integrating these principles into our policy-making, we will contribute to the wider environmental goals set out in the 25-year environment plan, including reducing carbon emissions, improving biodiversity and helping us to become the first generation to leave the environment in a better state than we found it.
Baroness Parminter (LD)
I thank all noble Lords who have taken part in this debate. I think it was worth bringing this to the attention of the Committee. As was mentioned by the Labour Front Bench, if I had not, there would not have been any opportunity to debate it because it is a new process. It was worth while and I am grateful to all noble Lords for speaking and for what they said.
I also thank the Minister for his reply. I would particularly like to respond to his very heartfelt point that this really matters to him. We know that; I do not think anyone in this room would doubt it. His actions show that. We know him and absolutely believe that this matters to him. However, it is important for us to discuss this because, as other noble Lords have made clear, there are Ministers in the current Administration—and there may well be future Ministers—not of the same persuasion and who do not treat this as seriously. That is why the wording matters. It is one way to try to drive the environmental concern right across the heart of government. It is important to discuss this and the text matters.
I heard the Minister’s justifications and responses to a number of the comments made. I note them and will go away and reflect on them. For me, the most galling issue in the policy statement as it stands is the undesirable coupling of the precautionary principle with innovation. It is just not possible to achieve that. I asked the Minister to respond to that and he chose not to. I accept why he chose not to, but that odd coupling stands.
It is not just the text. The text is important but so are the resources. I am grateful to the Minister for expanding further on the very significant work that his department will be doing to try to drive this across government. I wish them well in that task, but the Minister did not respond to my point about whether the Government will let the OEP review that. That would give all of us and, as the noble Lord, Lord Hodgson, pointed out, the public confidence in the process. If they could see that the OEP has been part of that, that would really drive confidence, so I urge the Minister to think about putting those key resources to the OEP.
Of course, we are not just here to discuss this policy statement’s impact on driving environmental ambitions across government, important though that is. As the noble Lord said, this is a historic document. It is the first of its type in terms of process. It is really important that the House discusses this as a process. I say as a committee chair that we struggled to find the time, given the very tight turnaround in the Environment Act, which we did not spot. I hold my hands up; I am as guilty as anyone, though I was not a committee chair at that time. In no way is 21 days adequate time to enable a robust process of parliamentary scrutiny. The process as it stands in that Act is deficient, to my mind, and we need to make sure it is not deficient in future Bills.
There will be more of these policy statements in future, given that there are so many framework Bills. I cite one example: the Procurement Bill, which starts its Committee stage on Monday and to which I have drafted an amendment, was not even proposing a draft policy statement. It was proposing just going straight from the framework Bill, saying, “We will produce a policy statement about government procurement” —a business of some billions of pounds. It will go straight to a final statement for parliamentary scrutiny and the timings are again unclear. There needs to be a really serious look at the processes around these policy statements in future.
Finally, I do not need to repeat why this is important. We look forward to receiving the Government’s response, which I hear we will have in the autumn. We hope they will consider a number of the points we have made. As I said at the beginning of my remarks, this is one of the four cornerstones of environmental protection that this Government will use in the future. I think it is appropriate to say in this Room that if some amendments are not made, those cornerstones will be part of a house built on sand.
House of Lords
Retirement of a Member: Lord Lang of Monkton
The Lord Speaker (Lord McFall of Alcluith)
My Lords, I should like to notify the House of the retirement, with effect from today, of the noble Lord, Lord Lang of Monkton, pursuant to Section 1 of the House of Lords Reform Act 2014. On behalf of the House, I thank the noble Lord for his much-valued service to this House.
Banks: Forgery
Lord Sikka
To ask Her Majesty’s Government, further to the letters from the Chair of the House of Commons Treasury Committee to the Financial Conduct Authority and the National Economic Crime Centre on 15 October 2020, how many banks have been (1) investigated, and (2) prosecuted, for forging customer signatures.
Lord Sharpe of Epsom (Con)
My Lords, the National Economic Crime Centre continues to assess the material submitted to it in relation to alleged signatory fraud by banks, as well as information obtained following preliminary inquiries to clarify matters with certain members of the public who raised the issue. The National Economic Crime Centre is making a thorough assessment to determine whether there are grounds for a criminal investigation.
Lord Sikka (Lab)
My Lords, I am not really satisfied with the Minister’s reply. Banks have forged customers’ signatures and fabricated evidence on an industrial scale in order to repossess people’s homes and businesses. More than 700 crime reports and 26 lever-arch files of evidence have been submitted to the NECC over the last three years and there has still been no action, as the Minister said. I ask him if he will, first, appoint an independent inquiry into this obfuscation and, secondly, meet me and a delegation of the victims to hear their concerns.
Lord Sharpe of Epsom (Con)
My Lords, that characterisation of the situation is not entirely fair. The NECC is reviewing the evidence submitted to it by the campaign groups. We cannot comment further at this stage, recognising the NECC’s operational independence. Once it has finished its review, it will communicate its findings. The noble Lord referred to the 26 lever-arch files; these actually contain 10,000 pages of evidence in seven staggered submissions, the last set of which was delivered in March 2021. This was subsequently referred to the various subject-matter experts at the SFO and the FCA. These are complex matters and they take time.
Baroness Blower (Lab)
My Lords, in the case of Lynch v Cadwallader & Anor in February 2021, the High Court ruled that Aldermore, a bank, cannot enforce a personal guarantee to cover £1.2 million against a businessman because the signature on the document was not his. The court said that it was signed by a “person at the Bank”. Could the Minister explain why this did not trigger any investigation or prosecutions?
Lord Sharpe of Epsom (Con)
I am afraid that I cannot; I am not familiar with the case. As I said, we maintain that the NECC should have operational independence, so I am afraid that I cannot enlighten the noble Baroness any further. I neglected to answer the noble Lord’s request for a meeting; there have been a number of meetings with Home Office officials, but I would of course be happy to meet him.
Lord Watts (Lab)
My Lords, is it the case that the Government are on the side of fat-cat bankers rather than customers? Would it not be a good idea to give more resources to the police so that they can actually investigate, prosecute and bring to justice these people?
Lord Sharpe of Epsom (Con)
My Lords, I am glad that the noble Lord has raised the subject of resources, because we are giving them: the spending review last year allocated a further £400 million to tackle economic crime over the next three years. This includes £100 million earmarked specifically to target fraud, including by establishing a national fraud policing network, including greater fraud investigative capacity in the NCA, meeting a manifesto commitment to create a new national cybercrime force focused on fraud. In addition, new fraud investigation teams have been piloted in four regional organised crime units, which will be expanded and rolled out across all ROCUs. These new capabilities are driven by a new tasking and co-ordination process run by the NECC. Finally, as part of the police uplift, we are prioritising more investigators for the City of London Police, which leads on this.
Baroness Chakrabarti (Lab)
My Lords, the Minister was quite rightly concerned about operational independence in an earlier answer. In that light, is it really appropriate that Lloyds Bank, one of the suspect banks, has directly funded the City of London Police to the tune of £1.5 million since 2019?
Lord Sharpe of Epsom (Con)
My Lords, the noble Baroness is referring to Action Fraud, which is receiving some funding—but the money is ring-fenced from another source. I cannot find the precise reference to it now, but I will write to her with the details. However, it is not from Lloyds Bank directly.
Lord Foulkes of Cumnock (Lab Co-op)
My Lords, what additional action have the Government taken since the noble Lord, Lord Agnew, resigned, saying that he could no longer defend the Government’s action on fraud?
Lord Sharpe of Epsom (Con)
My Lords, that was a completely different case, of course. But we are doing a number of things, as the noble Lord, Lord Foulkes, will be aware. Some of this is legislative and some of it is to do with the various taskforces and strategies that I highlighted to some extent earlier. A Joint Fraud Taskforce was set up in October 2021.
Baroness Neville-Rolfe (Con)
My Lords, lack of prosecution is a theme today. So much crime has moved online; what we have heard about in this Question is an example of how that has happened. Can we increase the resources for the police and prosecution in respect of digital fraud? My own experience of Action Fraud—admittedly some time ago—was that it was absolutely pathetic.
Lord Sharpe of Epsom (Con)
My Lords, my noble friend is right to raise the changing nature of some of these crimes. I am sure that she is partly referring to the UKFI report on fraud, published earlier this week, which showed that some types of fraud are in fact diminishing while others are increasing. A number of actions are being taken: for example, I am sure that noble Lords were surprised to note that the text messages that we used to receive seem to have diminished somewhat, which is partly a response to work done by the telecoms companies. The National Cyber Security Centre has also launched its suspicious email reporting service to remove harmful scams from online. Since April 2020, it has taken down 81,000 scams across 147,000 URLs.
Lord Wallace of Saltaire (LD)
My Lords, there is active concern about not just fraud but money laundering and large-scale bribery—money laundering not only from former socialist states such as Russia but from the Middle East, and bribery also in terms of a number of the Middle East autocracies. This does not seem to be a priority for the Government yet. Is this also where we need a considerable reinforcement of officials who deal with these subjects?
Lord Sharpe of Epsom (Con)
My Lords, I do not think it is just about officials; it is also about legislation. Obviously, we passed one Act earlier this year at speed. The noble Lord will be aware that there is another economic crime and corporate transparency Bill on its way which deals with many of the unresolved issues from those debates and that Act.
Lord Ponsonby of Shulbrede (Lab)
My Lords, yesterday’s Times newspaper reported that money lost to scams had risen by more than £160 million in a year, from £420 million to £583 million, which is a huge increase. Can the Minister say when we might expect the financial services and markets Bill to come before Parliament and whether that Bill will be directed to tackling fraud?
Lord Sharpe of Epsom (Con)
I am afraid that I cannot answer that question; I will try to find out and write to the noble Lord.
Lord Kirkhope of Harrogate (Con)
My Lords, as one of those who drafted, or helped to draft, the anti-money laundering directives in Brussels—I emphasise that they were directives—I nevertheless have certain concerns about the way in which the Financial Conduct Authority has interpreted them, in particular the parts that offered proportionality in the application of regulation. A lot of small investors have suffered as a result of an overzealousness of the banking institutions sometimes to do things they do not need to do and to inquire in ways they do not need to inquire. Does my noble friend agree that proportionality should be deployed properly by the Financial Conduct Authority?
Lord Sharpe of Epsom (Con)
I agree with my noble friend. We are straying away from the Home Office brief on this subject. Obviously, the Financial Services Act 2012 established the FCA as the conduct of business regulator for financial services. It has a focused set of objectives to promote effective competition in the interests of consumers, to secure an appropriate degree of protection for consumers and to protect and enhance the integrity of the UK financial system, but I absolutely agree that proportionality has to be a part of that.
Lord Woodley (Lab)
My Lords, as I am sure the Minister will know, in May 2019 Dame Elizabeth Gloster was appointed to investigate the collapse of London Capital & Finance and published a damning report in November 2021. Blackmore Bond is also about mini-bonds and poor regulation, yet no investigator has been appointed. Can the Minister explain why this is the case?
Lord Sharpe of Epsom (Con)
I am afraid that I have to refer the noble Lord back to my earlier answer about the operational independence of the NECC. I do not know what the evidential situation is. How can I possibly answer the question?
Mental Health: Advertising and Body Image
(2 years, 5 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Lord Bishop of Gloucester
To ask Her Majesty’s Government what assessment they have made of any link between advertising, body image, and mental health.
The Parliamentary Under-Secretary of State, Department of Health and Social Care (Lord Kamall) (Con)
The Government acknowledge the possible link between advertising, body image and mental health, including the potential harms that such a link may cause. The Government intend to use the online advertising programme consultation, which closed on 8 June, to develop the evidence base on this issue. Our priority is to ensure that any intervention is evidence-based and makes a real and positive difference. The Government will set out the exact approach having assessed the evidence.
The Lord Bishop of Gloucester
My Lords, with my #liedentity campaign, I have spoken to many young people about their worth not coming from how they look. In the other place, the Prime Minister assured the honourable Member for Bosworth, Dr Luke Evans, that he would look at a body image initiative as part of the mental health plan. Given that Norway has recently introduced a retouched images law, what assessment have the Government made of the potential merits of labelling digitally altered body images used for commercial purposes?
Lord Kamall (Con)
I pay tribute to the right reverend Prelate and the campaign in which she has been involved. It is an important issue, and we are still learning a lot. As she rightly said, Norway is about to introduce such a law; France and Israel have introduced it in the past. Sadly, the evidence coming from those studies as to the effectiveness of the measures is limited. There is also a debate about whether those images should be stopped in the first place, rather than allowing altered images and then putting a warning on them. We need to see more evidence about the most effective way.
The Lord Speaker (Lord McFall of Alcluith)
We have a remote contribution from the noble Baroness, Lady Brinton.
Baroness Brinton (LD) [V]
My Lords, the Children’s Society’s Good Childhood Report 2021 shows that one in seven girls and one in eight boys is particularly unhappy about their appearance. Young people who are not happy with their lives at 14 are more likely than others to have symptoms of mental health issues by 17, including instances of self-harm and suicide attempts. Despite the Government’s promises of future funding for mental health support for schools and CAMHS, it is clear that young people are not getting that initial front-line support that they need now. How soon will there be mental health counsellors in every secondary school?
Lord Kamall (Con)
When we look at mental health in children and body image, we see that it varies not only among age groups but within age groups. We have identified concerns about poor body image as a risk factor that leads to mental health conditions, but it is not necessarily a mental health condition in itself. We have to look at how much of this was already present in the playground before the age of social media, with people being called nicknames for their appearance. However, that has been amplified by social media. We are working with social media companies and others to find the most effective solution.
Baroness Bull (CB)
My Lords, despite the fact that advertising prescription-only medicines like botulinum toxin to the general public is already illegal, Botox is still widely advertised online by providers of cosmetic procedures. Given the risks of amateur and poor procedures to physical and mental health, what steps will the Government take to improve the enforcement of existing rules so that the online environment is free of these illegal adverts?
Lord Kamall (Con)
A range of issues were looked at in the online advertising programme, including advertising on social media, where people get messages from in the first place, and what the most effective method is. What do we ban? What do we give advice on? What do we give warnings to? It is an incredibly complicated issue, but we are looking through lots of evidence that came in as a result of the consultation.
Lord Robathan (Con)
My Lords, what assessment have Her Majesty’s Government made of the link between body image, obesity, childhood obesity, diabetes, cancer and early death?
Lord Kamall (Con)
My noble friend has asked me a very concise question, which will require a less concise answer. Clearly, there is a link between obesity and type 2 diabetes, for example, but one of the difficult things in this area, as with much in healthcare, is getting the right balance. The more emphasis we put on tackling obesity, the more unintended consequences there will be for people with eating disorders. There is now calorie labelling in restaurants and other out-of-home places, but some charities working with people with eating disorders are concerned that this may have a negative impact on them. It is always a difficult balance, but we must try to achieve it.
Baroness McIntosh of Hudnall (Lab)
My Lords, the Minister and other noble Lords have raised the issue of social media. What assessment has he made—or is he aware of—of the influence of social influencers, particularly in cases where they are supported by commercial deals that pay them in part to promote certain kinds of advertising?
Lord Kamall (Con)
The noble Baroness makes a really important point about a contributing factor to people having poor body image. We know that there are influencers who promote certain products, and that they often alter their own image so that it is almost an idealistic image—whatever that means. Young people then feel inadequate when looking at those images. We also must recognise that this issue affects not just young people but a range of people—even older people. For them, it might be as a gentle a thing as a comb-over, but if that makes them feel better, great. We must look at this issue in its entirety, and it has been looked at as part of the online advertising programme.
Baroness Verma (Con)
My Lords, what will the Government do to ban or reduce the use of lightening creams? Among the south Asian and black community, we have an issue around the push for lightening creams, which affects the well-being of a lot of young people who desperately want to fit in.
Lord Kamall (Con)
If I have been accurately briefed, I will begin by wishing my noble friend a very happy birthday.
This is a really important issue concerning ethnic minorities and people of different colours. First, young people want to see people who look like them on TV and in the media as role models, to show that they are part of everyday society. Also—I am sure my noble friend will be aware of this—sadly, there is the issue of colourism, whereby sometimes there is a preference for people of a lighter colour within certain ethnic minority groups. People who are darker are quite often discriminated against; they are not necessarily abused, but there is this preference for lighter colours. This is all being looked at. What my noble friend says shows what an incredibly complicated area this is. It is really important that we look at all these issues: is it size, is it appearance, is it colour?
Baroness Merron (Lab)
Advanced early intervention is crucial. Treatment for mental health conditions such as eating disorders has consistently unacceptable waiting times. At the end of last year, a record 2,100 children and young people were waiting for treatment, with demand continuing to rise. Can the Minister tell your Lordships’ House when the waiting times will mean timely intervention? What are the Government doing to recruit, retain and train the necessary levels of staff to provide the treatment that is so desperately needed?
Lord Kamall (Con)
I hope the noble Baroness will recognise that before the pandemic, we were meeting the waiting times targets for many younger people. Clearly, as with many things in our health and social care service, the pandemic has had a huge impact—not only delaying the treatment of people who should have been treated before the pandemic, but increasing the number seeking help with mental health issues. As I am sure noble Lords will recognise, for young people those two years were a massive proportion of their lives compared to us. Those are lost years for them, and it has led to many mental health issues. As the noble Baroness will know, we have announced the draft mental health Bill. The NHS long-term plan will have an additional £2.3 billion a year for mental health services by 2023-24, and an extra 2 million people will be able to access support. This will all take time, and we will have to work through that.
Baroness Burt of Solihull (LD)
Noble Lords have rightly been criticising advertising that promotes unrealistic body images, but the Government themselves are not helping. In April last year, the Women and Equalities Committee published a report on body image. According to it, the Government’s own obesity strategy actually
“contributes to eating disorders, and … mental”
ill-health. The Minister is nodding, so in the interests of brevity I ask him: does he agree with the recommendations of this committee, and what are the Government doing to remedy their approach?
Lord Kamall (Con)
I am sure the noble Baroness will acknowledge that many noble Lords and many people in society want to do something about obesity, through healthy eating, for example. This demonstrates what a complex area this is. With any policy position, we must always be aware of unintended consequences. We must be very careful about the impact on people with eating disorders. Also, do the interventions actually work in the first place, or do they lead to more unintended consequences rather than positive results? One example is calorie labelling on menus, about which, as we know, eating disorder charities have concerns. At the same time, we do not know whether the evidence shows that such measures will help to reduce obesity, and we need to wait for that evidence to come through.
South Africa: Just Energy Transition Partnership
(2 years, 5 months ago)
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Lord Oates
To ask Her Majesty’s Government what progress they have made to advance the Just Energy Transition Partnership with South Africa, agreed at COP26.
Lord Oates (LD)
My Lords, I beg leave to ask the Question standing in my name on the Order Paper and, in doing so, declare my interest as co-chair of the All-Party Parliamentary Group for South Africa.
The Minister of State, Foreign, Commonwealth and Development Office (Lord Ahmad of Wimbledon) (Con)
My Lords, South Africa and the International Partners Group—the IPG—chaired by the United Kingdom, have focused on establishing new structures to underpin the long-term partnership. These are now in place, as set out in the recent update to leaders, and work is under way to develop a South Africa-led investment plan ahead of COP 27. The COP president, my right honourable friend Alok Sharma MP, visited South Africa earlier this month to meet Ministers, the head of the Presidential Finance Task Team, the Presidential Climate Commission, Eskom and the groups from the mining community to underline our commitment to delivering this ground-breaking partnership.
Lord Oates (LD)
I thank the Minister for his reply. Does he agree that the partnership is not only critical for South Africa’s energy transition but, if successful, it would have huge significance as a model throughout the world—provided, of course, that it provides finance to emerging economies such as South Africa on sufficiently advantageous terms? Does he also agree that UK and South African parliamentarians could play a constructive role in supporting the transition and ensuring that the necessary measures are implemented expeditiously? Would he therefore be willing to meet members of the South Africa APPG to discuss how to take this forward?
Lord Ahmad of Wimbledon (Con)
My Lords, I say to the noble Lord: yes, yes and yes.
Lord Bellingham (Con)
My Lords, given that the UK and the other four participants have committed to providing a staggering $8.5 billion, part of which will be used to mobilise the private sector, does the Minister agree with me that it is vital that innovative UK firms play a part in this? What is UK Trade & Investment going to do to assist those firms?
Lord Ahmad of Wimbledon (Con)
My Lords, as I said to the noble Lord, Lord Oates, I agree, and we are very much at one. Perhaps I did a slight injustice in the brevity of my Answer to the noble Lord, Lord Oates: I pay tribute to his excellent work in re-establishing the APPG.
On my noble friend’s question, the United Kingdom has given a specific commitment to the partnership: of the overall initial $8.5 billion of public capital, the United Kingdom is providing $1.8 billion. We will be looking to see how we can leverage further financing in providing the terms needed to make that crucial energy shift from coal to more sustainable sources.
Lord Collins of Highbury (Lab)
My Lords, of course it is an excellent model and one to be followed, but lessons need to be learned so that it can be applied to other developing countries. Moving from 90% reliance on coal is a huge task, but other countries need to make the same sort of transition. One of the organisations the UK Government commit to is British International Investment—the old CDC. How will the lessons learned from this programme be adopted by British International Investment in terms of the transition programmes it operates?
Lord Ahmad of Wimbledon (Con)
My Lords, I agree with the noble Lord. I will be open with noble Lords: when you sit down directly with many countries across the developing world, as I did at CHOGM last week, there can be quite challenging discussions at times over the issue of transition, particularly in light of the current global crisis and what we are seeing on energy prices from Ukraine and, indeed, on food prices. That said, I can assure the noble Lord, Lord Collins, that British International Investment, the UK development financial institution, is very much a part of this £1.8 billion commitment. In terms of lessons learned, I think the speed with which these structures can be set up is a direct learning but, equally, we need to ensure local buy-in. This is not about a country such as the United Kingdom prescribing a solution; it must come from within.
Lord St John of Bletso (CB)
My Lords, does the Minister agree that at a time when South Africa is facing one of the worst energy supply crises, with stage 6 load shedding, initiatives such as this partnership are to be welcomed but that action also needs to be taken to curb corruption and mismanagement at Eskom, the monopoly electricity supplier in the country?
Lord Ahmad of Wimbledon (Con)
I agree with the noble Lord. My right honourable friend the Prime Minister met President Ramaphosa in the margins of the G7 meeting this week. He mentioned Eskom specifically. Eskom’s ambition is to facilitate and be part of this accelerated decommissioning. We are fully aware of Eskom’s record and the sustainability issues surrounding its existing debt. I assure noble Lords that these are being dealt with in a very practical manner.
Baroness Walmsley (LD)
My Lords, given the time it takes to set up the enabling projects, et cetera, required to achieve the objectives of this scheme, are the Government talking to partners and other appropriate third-world countries and having early discussions about how such partnerships can be set up as soon as possible, or are they waiting for COP 27?
Lord Ahmad of Wimbledon (Con)
My Lords, I assure noble Lords that we are doing exactly as the noble Baroness suggests. We are talking to other partners and I pay particular tribute to the current COP president, Alok Sharma, who has championed this issue. In recent weeks, I have also had the opportunity to visit Egypt as part of my portfolio. The discussions with Foreign Minister Shoukry, the president of COP 27, centred around how we can take our learning and experience, including new, innovative structures, to make sure that they can be practically applied in Egypt as well.
Lord Lilley (Con)
My Lords, my pre-parliamentary career was working in developing countries on aid and development programmes and my African friends have driven home to me that the precondition of economic growth in Africa is not aid or trade, welcome as they are—and, still less, patronising advice from the West—but cheap and reliable electricity. Again and again they say that. If they have the opportunity of investing in renewables, and it is cheapest when backed up with other electricity from hydro or fossil fuels to provide reliability when the sun does not shine or the wind does not blow, they will choose it without any advice from us. Is it not hypocritical and damaging of us to cut off finance for them if they want cheaper, fossil-based electricity?
Lord Ahmad of Wimbledon (Con)
My Lords, again, my noble friend speaks with great insight and expertise, and I agree in the sense that this should not be in any way prescriptive. It should not mean the developed world preaching to the developing parts of the world. As I said earlier, it is about localised buy-in and real management and ownership of this transition by the country we are dealing with. Every transition is difficult, particularly in developing parts of the world. Of course, the ultimate case is to keep the lights on and ensure that the energy required across a given country is provided.
Baroness Hayman (CB)
My Lords, I declare my interests as set out in the register. Does the Minister agree that, as part of a just transition, it is really important that, rather than lecturing developing countries, there is the finance and support to wean them off coal in particular? Will he make it a priority for the Government at COP 27 to look at how we can help the decommissioning of existing coal in those countries, especially when in Asia the age of coal mines is around 11 years, whereas their usual lifespan is around three or four times that?
Lord Ahmad of Wimbledon (Con)
My Lords, again, the noble Baroness raises an important point. I say to her that in this framework the “J” is “just”. That is something we recognise and it should do what it says on the tin. I also agree with the noble Baroness about ensuring that proper structured finance is provided in this transition and that as the transition takes place it is systematic, structured and fully supported. What we have seen is that over time experience lends itself to our learnings on this issue. On a broader issue, I recently travelled through north Africa and there is huge potential there when it comes to self-sufficiency in energy and renewables and in food security. Part of our role when it comes to supporting countries as an enabler, including use of ODA, should not be in terms of a handout but a hand up, in ensuring that countries become self-sufficient in the transition to renewables as well as in terms of food security.
Lord Foulkes of Cumnock (Lab Co-op)
My Lords, I never cease to admire the wide range of topics that the Minister deals with. Would even he not admit that the whole issue of development would be better dealt with if we returned to a separate international development department and a spokesperson for that department in this House?
Lord Ahmad of Wimbledon (Con)
My Lords, I think I have answered seven or eight questions and I was going to be in the unusual position of leaving your Lordships’ Chamber having said that I agreed with every noble Lord who had spoken to the Question. Unfortunately, I will not be able to say that. I do agree with the noble Lord about the importance of the development budget. I have made it no secret. I think the importance of 0.7% is as an enabler, for the reasons I set out in my answer to the previous question. However, as someone who has been a stand-alone Minister in the FCO, then a double-hatted Minister across DfID and the FCO, I believe—and it is not because I had to walk down Whitehall twice a day, which was actually doing my health a great deal of good—that consolidating the two departments into one allows us to talk with strength on diplomacy and development when we are on the world stage. I would welcome an opportunity to share a cup of tea with the noble Lord to explain why I believe in the merits of the combined department.
Airports: Delays
(2 years, 5 months ago)
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Lord Young of Cookham
To ask Her Majesty’s Government what assessment they have made of the impact of recent airport delays.
The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)
My Lords, Ministers have been very clear that the current situation is unacceptable and that passengers must be properly compensated where applicable. We are working closely with industry as it resolves the current issues and today the Transport Security announced a set of 22 measures that this Government are taking to support the aviation industry.
Lord Young of Cookham (Con)
I am grateful to my noble friend. Responsibility for the chaos rests primarily with the airports, which are not providing the necessary support services, and with the airlines, which cannot provide the flights that people have paid for. To improve the industry’s response, a fortnight ago my noble friend set up a strategic risk group to meet weekly. Can she tell the House what fresh solutions that group is working on to minimise disruption to holiday travel; in particular, is it looking at lifting the restrictions on night flights?
Baroness Vere of Norbiton (Con)
My noble friend is absolutely right. The strategic risk group is now well under way. It meets weekly at the highest level. It is a CEO-level meeting with the Aviation Minister. It is working on all of the mitigations to the risks as they become higher up the priority list and therefore more urgent. The 22 measures are some of the things that have resulted from the strategic risk group and, indeed, from other conversations that are happening, particularly on the operational side of matters. On night flights, the Government are well aware that there is always a balance between the aviation travelling public and the communities that live and work near airports. The current rules extend to October 2025 and the Government have no plans to change them.
Lord Berkeley (Lab)
My Lords, is it not about time that the airlines stopped selling tickets that they cannot deliver? Should they not reduce the number of sales until they are absolutely certain that they, the airports, their colleagues and the immigration centre have enough resources?
Baroness Vere of Norbiton (Con)
That is exactly what the Government have said to the aviation sector. The Government and the CAA wrote to the sector, both the airports and airlines, to set out the expectations for both over the summer period. The first of those is that summer schedules must be reviewed to make sure that they are deliverable. To that end, the Government are changing the regulations with regard to slots, to introduce a slot amnesty for a part of the summer.
Lord Forsyth of Drumlean (Con)
My Lords, is it not time that the Government took some action on behalf of the airline passengers? If we take the levelling-up strategy, for example, how can it be right that British Airways charges more than £500 for an economy return fare from Glasgow or Edinburgh if it is booked a week in advance? The travelling public are treated very badly by the airlines. In the past, my noble friend has rejected Written Questions from me suggesting that the Government should intervene, which I am sympathetic to, but this is just simply out of hand. The public are being taken for fools.
Baroness Vere of Norbiton (Con)
I maintain my position on intervening in the price of flights, but we are absolutely intervening in terms of the standards of care that passengers receive from the aviation sector. Again, as I mentioned, in the letter that we have recently written to the industry, one thing that we made very clear was that passengers must be informed promptly of their consumer rights. Obviously, passengers should take those up with the airline itself and then with the CAA if it is not acceptably resolved with the airline.
Lord Woodley (Lab)
My Lords, as we know, the recent airport delays are undoubtedly a direct result of opportunistic employers such as BA slashing jobs, pay and conditions during the pandemic. Now, unfortunately, we can all see that the chickens are indeed all coming home to roost, with many airlines too slow to rehire and refusing to restore wages that were stolen from staff under the cover of Covid. However, I am pleased to tell the House that, thanks to my union Unite, members working for CAE cabin crew have now secured an 18% pay rise—yes, 18%—and £1,200 summer bonus. Does the Minister agree that BA should follow suit and reverse its 10% pandemic cut for everyone, not just for management as is currently the case?
Baroness Vere of Norbiton (Con)
As I am sure the noble Lord will not be surprised to learn, the Government will not get involved in the pay and conditions discussions within the aviation sector, as it is a private industry.
Baroness McIntosh of Pickering (Con)
My Lords, does my noble friend share my frustration that, on every passenger ticket that is purchased, an airport passenger tax is taken? The number of passengers who are travelling should not come as a bolt from the blue, either to the airports or the airlines. What action is the CAA taking in this regard?
Baroness Vere of Norbiton (Con)
I am not entirely sure that I follow my noble friend’s question. We are taking all sorts of actions, as set out in the 22 measures that the Government announced today. That is from working with the ground handlers, where there is an issue with people getting their suitcases, to working with the airports to ensure they are able to cope with the number of flights arriving, and the airlines to ensure that their service is as good as possible and that they can meet their schedules, not cancel flights at short notice.
Baroness Randerson (LD)
My Lords, do the 20-plus measures that the Minister referred to include additional staff for the Border Force, to make sure that it always has the capacity to deal with the additional security requirements that the Minister referred to in her Written Answers to me, which require the staff to take additional measures and time? Will there always be efficiency and sufficiency of staff for the Border Force?
Baroness Vere of Norbiton (Con)
Yes, I can absolutely reassure the noble Baroness that we have established a joint Home Office and DfT ministerial border group to identify and prepare for the high levels of demand at the UK border. Over the course of the half-term, the Border Force deployed extensive plans to ensure that it was able to meet demand, and the e-gates have been upgraded to make them more effective.
Lord Tunnicliffe (Lab)
My Lords, last time we discussed this issue, I commented on the need for the department to get involved early. In fact, it seems that the department accepted my advice but did not get round to it until mid-June. Intervention in aviation is crucial because of the complex interaction. Can the Minister advise us, first, on how we will get to know about these 22 measures and perhaps write to me, listing them and putting a copy in the House? Can she also explain how a fast-moving industry that traditionally has to plan day by day can really make an impact with a weekly meeting?
Baroness Vere of Norbiton (Con)
Yes, I agree with the noble Lord that it is a very complex ecosystem, not just within our own borders but internationally. Issues outside our borders can have quite a significant knock-on impact. The 22 measures that I have already mentioned today will be published as a WMS today, but if there is not enough detail then I will happily write to him with the full detail on what they are. The noble Lord mentioned the Government not getting involved. When he looks at the 22 measures, he will see that there are things that have been in train for a very long time, so the Government have been working on this over a significant time. The Government do not intend to get involved in the day-to-day operations of the airports; these weekly meetings are very much about taking a medium-term view of emerging risks.
Lord Watts (Lab)
My Lords, is the Minister aware of the increasing use of fast track by airports, which demands a fee to get through the airport in a reasonable time? Does she not agree that the airports have a duty to do that for every passenger, not just for those who pay an extra fee?
Baroness Vere of Norbiton (Con)
I absolutely agree that every passenger should get a good service at an airport and be able to get through security within reasonable time. I know that the airports are beefing up their staffing. The Government have done an enormous amount in this area as well: we have ensured that UK security vetting now has no delays; we have also changed the regulations to ensure that training for these new security staff can start while background checks are ongoing.
Lord Scriven (LD)
My Lords, the chief executive of easyJet has said that one problem it is suffering is that:
“The pool of people is smaller, it’s just maths. We have had to turn down a huge number of EU nationals because of Brexit. Pre-pandemic we would have turned down 2-2.5% because of nationality issues. Now it’s 35-40%.”
How does the 22-step plan that the Government have produced deal with these kinds of staffing shortages?
Baroness Vere of Norbiton (Con)
The 22 measures include a number of interventions that we can make to sort the staffing shortages. Obviously, I have mentioned the changes to the security regulations. We are working alongside the industry—ultimately this is its issue, which it must deal with—but we have been very content to support it in terms of working with the general aviation sector to encourage communication about careers in it. The Aviation Skills Recruitment Platform has already been launched and we are working with students with the Talentview Aviation platform; indeed, we have 21 aviation ambassadors. There are all sorts of things that the Government are doing, but I remind the House that this is an issue that the industry must solve.
Crime, Reoffending and Rehabilitation
Lord Farmer
That this House takes note of (1) the causes of crime and reoffending, and (2) the effectiveness of rehabilitation, including the contribution made by the voluntary sector.
Lord Farmer (Con)
My Lords, I am very pleased that the House has an opportunity to debate the causes of crime and reoffending and the effectiveness of rehabilitation, including the contribution made by the voluntary sector. I am also delighted to welcome the noble and learned Lord, Lord Bellamy, to the Front Bench—I believe that he was here yesterday, but this is his first debate. He is very welcome. The whole House will benefit from his expertise and experience, including as a judge for the General Court of the European Union and president of the Competition Appeal Tribunal. Most recently, he gave forthright advice to the Government following his criminal legal aid review. It is a nice touch that his central recommendation of a 15% funding uplift for fee schemes, increasing investment by £135 million a year, was announced by the Ministry of Justice the week he makes his maiden speech. I am sure the whole House is anticipating what he will say as keenly as I am.
I am thankful to all noble Lords who put their names down to speak and look forward to hearing all contributions, particularly that of the noble and learned Lord, Lord Woolf. His report on the contributors to the riots that began in HMP Strangeways in 1990 and spread to 20 other jails was an indispensable foundation for my own two reviews. These built on one of his 12 recommendations, linking prison safety with family contact. I emphasised the importance of strengthening prisoners’ family ties to prevent reoffending—including, of course, while inside prison, the focus of the Woolf report—and intergenerational crime.
Before I turn to the importance of healthy and supportive relationships in rehabilitation, I want to start with the causes of crime and reoffending. There is not time to do justice to the many criminological theories that try to explain these causes, each of which has its own strengths, weaknesses and gaps and applies only to some types of crime and not others. Simply, some see individuals as rational actors capable of making their own choices, including whether to commit crime, by weighing up likely benefits and disadvantages. Others focus on relative deprivation and suggest crime happens when individuals or groups see themselves as being unfairly disadvantaged compared to others who appear similar. Front-line practitioners describe the high prevalence among criminals of family breakdown, father absence and other adverse childhood experiences, as well as neurodiversities such as dyslexia.
The Prison Service refers to criminogenic needs: the characteristics, traits, problems or issues in an individual’s life that directly relate to their likelihood of reoffending. The “big eight” are accommodation, employability, relationships, lifestyle, drug misuse, alcohol misuse, thinking and behaviour, and attitudes, as well as three others which affect how offenders respond to support—learning disability and challenges, mental health conditions and low maturity levels. However, the idea that there are causes of crime is a relative newcomer. The late Professor Christie Davies pointed out that it was not until the 1890s that the thought processes of the educated and prosperous elite became “causalist”. They looked down, as he put it, at
“a mass of weak people divided into the virtuous and the offending only by chance opportunities and adversities that caused them to act as they did. They were not truly free agents”.
In today’s parlance they would be termed “victims”, in the sense of those who have come to feel helpless and passive in the face of misfortune or ill-treatment.
The half century up to 1900 saw a decline in deviance: a drop in crime and social disorder that was directly linked to the influence on popular morality of religious institutions, notably the Sunday schools. These turned out such relatively law-abiding young people that the average age of prisoners rose. The turning point of this decline was the First World War, which started a flattening out, and the late 1950s ended it, just before the dawn of the sexual and social revolutions of the 1960s. That is when we begin to see Davies’s “U-curve of deviance”, based on data, not theory. This U-curve reflects a fall and subsequent rise in crime, drug and alcohol abuse and births outside of marriage. He associated this rise with a decline in “moralism”—knowing the difference between right and wrong—which implies that individuals have autonomy to choose whether they behave with, as he put it,
“virtuous innocence or deliberate guilt”.
This was gradually replaced by an ever-expanding legal corpus. To give an example, when I started in the City in 1963, its famous motto was still, “My word is my bond”. The complete trust in a word and a handshake slowly disintegrated to a recognition that one was bound only by what the law allowed or forbade. Religiously reinforced moralism, with its totemic notion of free will, was replaced by the causalism I described earlier. The loss of commitment to and identification with religion, and country, led in turn to a loss of the idea of service, sacrifice and the moral driver of duty. Perhaps one reason we admire the Queen so is because she embodies these values, which are self-evidently right and needed.
Not for a minute am I saying that the century when deviance fell and flattened was a perfect golden age. However, no one can say the changes that have taken place since the 1960s have produced one either. The House of Commons Library describes the history of crime in the 20th century as being dominated by the sharp rise in offences since the late 1950s. The 1960s were the only decade in the last century when crime doubled. Family breakdown has also soared. Half of all children are born outside an explicitly committed relationship. Hence, one-third of children live in separated families, a million rarely or never see their fathers and 80,000 are in local authority care. So, as we talk about the causes of crime today, we need to hold that concept in tension with Davies’s sense of de-moralisation. Ultimately, the cause is always the freely exercised decision of someone’s will to commit a crime—which may, of course, involve coercing others, against their wills, to be involved. But there is in everyone a contributor, without which they would not have ended up in criminal behaviour.
Turning to what is effective in curbing reoffending, the Ministry of Justice’s own statistics highlight how good relationships with families and significant others can aid rehabilitation. When I wrote my first review in 2017, reoffending rates were running at 43% and over 60% of children of prisoners went on to offend themselves and end up in prison. However, prisoners who receive family visits are 39% less likely to reoffend than those who do not. Intergenerational transmission of crime is, if anything, higher when mothers have been incarcerated, presumably because they are more often primary carers whose absence typically makes life more chaotic. Possibly as few as 5% of children stay in the family home, for example.
Yet the stark truth is that, pre pandemic, around half of prisoners were never visited. Given that around 25% were in local authority care, this is perhaps unsurprising. Looking at very recent reports from Her Majesty’s Inspectorate of Prisons, the level of visits in some prisons has not yet picked back up to its rate in early 2020. The Ministry of Justice and the Prison Service must be congratulated on the swiftness of the implementation of my reviews’ recommendations to make video calls available when prisons locked down at the beginning of the pandemic. However, these should complement and supplement but not replace physical visits.
In some jurisdictions only video “visits” are available, and this is very far from my policy goal. I met prisoners who longed to see their children in the normality of their home environment. One man, who had been in care, and in prison for almost three decades, yearned to see his only remaining relative, his grandmother, who was too old and infirm to visit. I heard about teenagers undertaking exams which precluded a long, possibly overnight journey to prison. A video call can make a huge difference when physical visits are not possible, but a woman I met recently highlighted the value to her daughter of seeing her father in the flesh, saying “When my daughter visited the prison, the school said it was a breath of fresh air for her, they could see how the face-to-face contact brought a massive improvement.”
The quality of physical visits is also another very live issue following the pandemic. I visited eight prisons in late April and late May this year to see how they were faring with their strategies to improve prisoners’ relationships with families and significant others. While so much of the outside world really has returned to normal, many prisons feel far from that, even if it is a long time since an outbreak. High Perspex screens shot up during the pandemic for public health protection, and social distancing was still in force. Gradual changes may have been made since my visits, but normality must be re-imposed everywhere on the estate as quickly as the restrictions were brought into force. It will be very important to clear away all artefacts of the pandemic, so that in 10 years’ time they have not become so entrenched in visits that, for example, no one knows why officers are still behind Perspex screens. Prisons should not be among the large sections of the public sector which seem to have a case of long Covid.
There are many vacancies in the Prison Service, and officers are being lost to Border Force among other places. Can my noble friend the Minister outline what the Government are doing to recruit and retain them? Without adequate staff, rehabilitation is almost impossible.
Other important rehabilitation activity addresses prisoners’ lack of education, employment skills and accommodation, and helps them to get off drugs. I know other noble Lords today will do justice to these issues, but relationships provide essential motivation. One deputy governor I met recently impresses on his staff that, “Without a supportive family to return to he’ll return to crime regardless of the education he takes part in and the accommodation he gets upon release.” We need to ensure that relationships are truly embedded in the reducing reoffending culture. That means that in all national and local strategies, and in every speech from politicians, families and relationships are firmly screwed in as the third leg of the rehabilitation stool, without which it falls over. I see part of my role as ensuring that this happens.
I turn briefly to the voluntary sector, which includes prison chaplaincy. The sector has a vital role to play in weaving that golden thread of relationships through all the processes of prisons. Although prison chaplains can be the overlooked service, they stayed on the front line during covid, as did many family service organisations. They are statutorily required to meet all prisoners upon arrival at a jail. On my recent visit to HMP Durham, a reception prison, I realised that these early days are possibly the most stressful time of a sentence. Indeed, Professor Alison Liebling found that one-third of all prisoner suicides take place in the first week of custody.
The organisation Nepacs runs a dedicated early days in custody programme in HMP Durham, and all the men on the wings know Tracy, who runs it. Her work is rooted in awareness that the huge stress that comes from being in prison, after being on the outside, is compounded by not having your glasses, not having your own underwear, or not having your own false teeth. She sources these, and the messages she passes between prisoners and their family members dampen some of the shock and crises all are experiencing straight after arrest or sentencing.
The voluntary sector often excels at spotting important unmet needs such as these and filling them, but organisations have to go to charitable trusts and dig into their own reserves to do pioneering work. The commissioning process needs to incorporate and act on proven effectiveness of new ways of working. Can the Minister tell me if the Government are convinced that their commissioning process drives continuous improvement and innovation, rather than just preserving the status quo?
I will finish here because I am very keen to hear all noble Lords’ contributions, particularly my noble and learned friend Lord Bellamy’s maiden speech. I thank noble Lords for contributing to this vital debate.
Lord Brooke of Alverthorpe (Lab)
My Lords, I am grateful to the noble Lord, Lord Farmer, for getting the debate today, and for his very thoughtful—and for some, I suppose, somewhat controversial—contribution. He has been very brave and has said some things that need saying and that these days we are not prepared to say. I look forward with interest to the right reverend Prelate the Bishop of Gloucester’s contribution.
The causes of crime are the old fundamentals—the seven sins—such as greed, pride, lust and anger. Anger is one which causes a great deal of problems for families and society, and many people who have uncontrollable anger end up in prison. It is interesting that the Government’s 2018 strategy on anger and violence in society and in prison took it back to looking at what happens with alcohol and drugs, which is an area in which the House knows I have spoken fairly frequently. I will not labour on that today; I anticipate that my good friend the noble Baroness, Lady Finlay, who was chair of the Commission on Alcohol Harm—of which I was a member, so I declare an interest—will speak at some length on this topic. Alcohol and harm, and the Government’s responsibility in the way they handle alcohol and harm, is a big factor.
I welcome the Minister to his role and, like others, look forward with great interest to his contribution. I hope we will have not just words but that he will be able to pull some levers and we will have some action.
I come at this from a long experience of personal problems with drink and drugs, many years ago. I have also spent much of my time working with people in recovery. I work also with people in recovery from prison, and later I will give noble Lords a message I have had from a friend who I spend a couple of hours every week with, who has been in Brixton prison three times. He comes from a difficult background but is now in recovery, training as a therapist and making very good progress. He has some useful insights into what we might be doing.
I agree basically that the family as a unit is the best one available to us, but let us not deceive ourselves and think that simply because we are in a family and we have that relationship that everything will work fine there—it does not. My experience is that many people come from backgrounds where, prima facie, the family is perfect, yet they end up drinking too much and taking drugs. Why does that happen? We should spend time looking at that. My experience is that it is often a combination of the DNA, the past history of the family, and then of course the environment in which the child is in—and it is mainly at the childhood level that this develops. We have got to be careful about making assumptions that there are simple solutions; there are not. This is a complex topic.
I pay tribute to the Cameron Government here. When David Cameron was in power, he came up with a number of quite notable and distinctive polices in this area, which regrettably were not followed through. For example, they produced a very good alcohol strategy, but it was never implemented; it had fallen by the wayside by 2015. Why have the Government still not got a strategy on alcohol when, at the present time, we have more problems with alcohol then we have had for the past 15 years?
Cameron also encouraged the development of a more participative society; it is interesting that the noble Lord, Lord Farmer, cited the Queen and service. When this country is in difficulty, we have found that an extraordinary response comes from the people. When Covid began, 750,000 people volunteered to help the NHS. They were not used properly—what a waste of talent and opportunity. Everywhere we look, when we have a real problem, we get a great response. For example, we have had an outstanding response on Ukraine from people willing to accommodate refugees. When it comes to asking what we can do in prisons, not enough work is done in trying to tap into the good will of the British people and get them involved in the way that the noble Lord, Lord Farmer, is involved, and the way that many of the people I know working in AA go into prisons and try to get people into recovery.
I hope the new Minister might start thinking about how we can marshal that great British spirit. To a degree, this is a debate about spirit. We have spent so much time talking about material deficiency when, in fact, we have a great poverty of spirit in this country. However, if we can provide leadership, we can give a lift to people, and they will come forward and work with us. We need to do more because our record in prisons is very poor indeed in comparison with many other countries.
I am running out of time, and I regret that I cannot give your Lordships a quote from my friend who is an ex-prisoner, but I will write to the Minister with it. He gives some very good suggestions on what needs to be done.
Lord Suri (Con)
My Lords, I note the contribution of the noble Lord, Lord Farmer. What he has done—
Baroness Scott of Bybrook (Con)
My Lords, I am very sorry, but this debate has a speakers’ list. The noble Lord cannot just stand up and speak.
Baroness Burt of Solihull (LD)
My Lords, first, I congratulate the noble Lord, Lord Farmer, on securing this debate. I welcome the Minister to his new position and look forward to working with him. I worked with his predecessor, who conducted himself with great integrity and conscientiousness, and I very much hope that the positive and constructive relationship we developed will continue.
In six minutes I can cover only a small number of points. The first part of this debate—the causes of crime and reoffending—is a herculean task in itself, but the noble Lord, Lord Farmer, treated us to a fascinating insight into that this morning. So I will focus on two areas of sentencing which frustrate the rehabilitation of offenders. First, we put people, especially women, into prison for short periods of time. I know that steps have been taken regarding sentencing in this area, but if the better development of women’s centres recommended over 14 years ago by the noble Baroness, Lady Corston, had been properly implemented, it would have obviated many of the problems we see today.
If you tried to design a system to ensure that people had the worst possible chance of rehabilitation, you would take them out of their home, rob them of their identity, put them in a threatening environment rife with drugs, lock them away for long periods of the day, ensure they got little or no help with addictions, mental illness and re-education, and give them no home and no job on release. Release them on a Friday, when they are unable to get anything organised—money, accommodation, et cetera—and you have a perfect recipe for perpetuating the system. Short-term sentencing shows how amazingly successful you can be at robbing an individual of their self-respect and their former lives in a really short time—and when they reoffend, just give them more of the same: spend more money on what does not work.
At the other end of the sentence spectrum, we have those who do not know how long they are going to be incarcerated for. The duration of life sentences has doubled over the last 40 years from an average of nine years to 18 years, according to the Independent Commission into the Experience of Victims and Long-term Prisoners. Even worse, in my view, is the situation of indeterminate sentence prisoners, who are kept in prison for inordinate periods of time, long after the sentence has been abolished because of its unfairness. I will leave it to the other members of our small and select cross-party group to elucidate further on that.
I am sorry to say that the Minister is inheriting is a broken system, with any rehabilitation services trying to operate on a shoestring. We who have the temerity to point these contradictions out are branded lily-livered liberals. Well, I am a Liberal, for sure, but like many across this House I believe in evidence-based policy. The report of the Independent Commission into the Experience of Victims and Long-term Prisoners concluded that
“sentencing for serious offences has lost its way and is not working for victims, prisoners, or society as a whole.”
The report discusses the five purposes of sentencing, which are supposed to be the punishment of offenders, reduction of crime, reform and rehabilitation of offenders, protection of the public, and making of reparation. We have got the punishment side down really well—but the rest of it, not so much.
If all five purposes of sentencing are to be met—not simply locking people up and throwing away the key—we need more public awareness of what prison is actually for. We need a complete root-and-branch review of sentencing policy, incorporating all the resources at our disposal. We need the voluntary, private and public sectors all working together, throwing away the dog whistle and using evidence-based policy, doing what works, and thus serving the interests of all.
Lord Thomas of Cwmgiedd (CB)
My Lords, I also thank the noble Lord, Lord Farmer, for securing this debate, and I welcome the Minister and his maiden speech. Others have spoken of his great attainments, but what must now be half a century ago, he gained first-hand experience of the real problems that people needing legal advice face in day-to-day life when we worked together at a legal advice centre. I shall return to this in a moment.
I do not want to speak about the causes of crime—that is impossible to get into in a few minutes, although the noble Lord, Lord Farmer, did so eloquently—but will deal instead with what needs doing now, what works and what does not work. First, I want to say a word about IPPs. I could not equal the eloquence of the noble and learned Lord, Lord Brown of Eaton-under-Heywood, or the noble Lord, Lord Blunkett, in dealing with the sentence, but I think we ought now to appreciate that although there are just over 1,500 people who have not been released, there are nearly 1,400 people who have been recalled. We overlook the importance of rehabilitation. One appellant described to me once that she felt like a puppet on a string when released. We need to address the problems caused by indefinite detention and the possibility of recall. We have to await the report of the Justice Select Committee on other matters, but I very much hope that we can address proper support to those released so we do not find so many coming back.
Secondly, I turn to women offenders because here, again, there is something that works. Obviously, there are some crimes for which we must send women to prison for a significant period of time, but sending a woman to prison for short-term offending is, in my view, almost invariably wrong. When I chaired the Commission on Justice in Wales, we recommended in our report that:
“A commitment should be made, in our view, to establish a number of women’s centres and the supporting interventions. This would overcome the well-documented problems of women’s imprisonment and would enable women to serve their sentences in their home areas. These centres take a holistic approach to reducing offending by women, offering court-ordered support and supervision, access to mental healthcare and treatment for addictions, skills for employment, financial management and debt advice, parenting support and the opportunity to gain and maintain safe housing.”
The Minister has first-hand experience of knowing how vital those issues of safe housing and employment are to dealing with people.
I wish to say how grateful I am to see that the Ministry of Justice, in conjunction with the Welsh Government, will open next year a residential women’s centre in Swansea that will be an alternative to short custodial sentences. This is a very important development, but key to it—I am not sure how well understood this is—is the holistic support that is to be given. The probation service does an excellent job, but in dealing with offenders you need to bring in the whole community, including the voluntary sector. Certainly, it is quite clear from pathfinder projects being undertaken in Wales—there is not time for me to set out the details—that there is success not in criminalising people, to which I shall return in a moment, but in providing holistic support for them in the community, with debt advice, safe housing, employment and dealing with the consequences of abuse: a one-stop shop for rehabilitation.
It has shown in Wales that it works; it is one way of trying to stop reoffending and rehabilitate effectively. I commend the work being done by the Ministry of Justice and the very significant sums being spent by the Welsh Government on subsidising the third sector on a more permanent basis and funding the work being done.
Thirdly, I turn to the other aspect that needs urgent attention. In the Police, Crime, Sentencing and Courts Act passed earlier this year, Sections 98 to 121 dealt with cautions. I very much hope that urgent steps are being taken to get the legislation under way, because another cause of reoffending is criminalising at too early a stage. The success of the projects in Wales, particularly those in Dyfed-Powys and north Wales, has shown that if you give people community rehabilitation and do not criminalise them, you can stop them going on to offend. I very much hope that urgent work is being undertaken by the Government to get the statutory instruments that are needed, and the necessary guidance, so that we can properly stop criminalising people and look for an alternative, rehabilitative approach.
The Lord Bishop of Gloucester
My Lords, I am very grateful to the noble Lord, Lord Farmer, for introducing this debate. His work is inspiring; I want to say “yes” to all that he has said and am sorry that I have only six minutes. I too welcome the noble and learned Lord, Lord Bellamy, and look forward to his maiden speech. I refer to my interests stated in the register as Anglican Bishop to Prisons and president of the Nelson Trust. Last week, I visited HMP Wakefield. In reflecting with the governor on long sentences, he said that he had asked a group of prisoners whether, if they had known the tariff for their crime, it would have been a deterrent. For all but one, the answer was no. Most crimes are rarely planned in a calculated way.
Earlier this month, the Independent Commission into the Experience of Victims and Long-Term Prisoners published a report with a comprehensive set of recommendations, holding together for the first time the perspectives of the offender and the victim. The report highlighted that the number of people in England and Wales given a prison sentence of more than 10 years has more than doubled in a decade, at an ever greater cost. Where is the evidence that greater severity equates to greater deterrence, or a safer society? We need to curb the unhelpful and inaccurate rhetoric about keeping the public safer through longer, tougher sentencing. What matters more than longer and longer sentences is how people are spending their time while in prison, in terms of not only education and purposeful work but meaningful interventions which prevent reoffending and someone else becoming another victim. Holding together justice and restoration is central to Christian theology; I believe it is vital for us to rediscover how those two dwell side by side.
As has been said, at the opposite end to long sentences are short sentences. These too are often not the answer. From my work with the Nelson Trust and women’s centres, as have been mentioned, I know the value of community sentences, police diversion schemes and other non-custodial interventions. Holistic intervention in the community for women, men and children can often address the root causes of offending, including drug and substance abuse. We know that offenders are often people of multiple disadvantage, and tackling those drivers to offending is key.
We also know that if men and women are to cease from reoffending, they need purposeful work, strong relationships, addiction intervention and a home. A project I have advocated for in the diocese of Gloucester is the prisoners building homes programme. These prisoners are working with a modular housing provider to build low-carbon, modular homes for local communities and vulnerable people across the south-west, hopefully including for prison leavers. The prisoners are acquiring skills for future employment. I would love to see more projects like this, but it will take significant cross-departmental and interdepartmental working and the will to think outside the box when commissioning or securing funding.
A recent IMB report on HMP Bronzefield found that 65% of women face homelessness on release. I urge Her Majesty’s Government to continue to engage on this issue in a meaningful, interdepartmental way and with a gendered approach.
Turning to the voluntary sector, the noble Lord, Lord Farmer, has highlighted the importance of relationship. As a Lord spiritual, this is not a surprise. Restored relationship sits at the heart of Christian belief, and I am glad that the noble Lord has highlighted the importance of chaplaincy, paid and voluntary, in prison and beyond the gate. Relationship sits at the heart of so much of the work of the voluntary sector, supporting the charity sector in a commitment to the flourishing of individuals and communities, not least with prison leavers.
We have many examples in the faith-based sector, such as the Welcome Directory, which signposts prison leavers to worshipping communities of all faiths to find a place of welcome and community. There is also the Prison Advice and Care Trust, PACT, which has volunteers and staff in courts, prisons, probation services and the wider community. There are so many local and national initiatives with stories to tell of transformed lives. People in the charitable and voluntary sector stand ready to be part of the solution, but it needs the Government to intentionally work with them and tap into their considerable experience, wisdom and insights.
Returning to the overall focus of today’s debate, I would argue that sustainably funded community intervention and purposeful rehabilitation in prison and beyond the gate need not carry a high financial increase if we realign the funding, stop a focus on more prison places and address the pervasive issue of more and longer sentences which are failing both victims and prisoners.
I urge noble Lords to join me in pushing for a national debate informed not by the occasional sensational Daily Mail headline but by evidence, so that we can turn the tide for the sake of our overcrowded prisons and for real justice for victims of crime, so that reoffending is tackled effectively once and for all. I invite the Minister to meet with me and those behind the independent commission to reflect further. It is of course easier to file all this in the “too difficult” drawer and continue to focus on lengthening sentences and building more prisons. But I hope for a better way, and I look forward to the rest of today’s debate.
Lord Garnier (Con)
My Lords, it is a privilege to follow the right reverend Prelate. I tip my hat to the work of the Church of England—indeed, of all faith leaders—to do with prisons. I too draw particular attention to the report chaired by the former Bishop to Prisons, James Jones, who has been a great influence on me and the way in which I try to think about prisons.
I start by declaring an interest. I am a patron of Unlock, a prisoners’ charity, and a trustee of the Prison Reform Trust. I see that my first chairman, the noble and learned Lord, Lord Woolf, is in his place; I look forward to hearing what he has to say.
It is interesting—and no surprise—that two former Lord Justices are listed to speak in this debate; one, the noble and learned Lord, Lord Thomas, has already spoken, while the noble and learned Lord, Lord Woolf, has yet to speak. Once again, I welcome my noble and learned friend Lord Bellamy to the Front Bench. I look forward to him gripping this vexed question of what to do with prisons and prisoners with some degree of enthusiasm—even evangelism—because, unless a policymaker in the Government takes charge of this issue and owns it, it will just dribble on uselessly.
My noble friend Lord Farmer is to be congratulated on obtaining this debate. If I could bottle his speech and have it delivered by the crateload to every Whitehall department, I would. I have a suspicion that not every Cabinet Minister will condescend to read the Hansard of today’s debate but they jolly well should because everything that my noble friend said goes straight to the heart of the issues that my noble and learned friend on the Front Bench now faces.
Everything that has been said in this debate has been said time after time, ever since I became interested in this question. I was appointed shadow Prisons Minister by David Cameron in 2006, I think it was, when he became leader of the Opposition. I set about visiting as many prisons, YOIs and secure training centres as I could to see what was going on, in order to produce for my party evidence-based policy. In the end, after two or three years, I produced a paper called Prisons with a Purpose. As the noble Lord, Lord Brooke, mentioned, a number of the ideas in that paper were taken up by the coalition Government when they came into office in 2010 but, sadly, so many of them have fallen by the wayside. So we are still here. I am like a cracked record, repeating what I have been saying for the past 15 or 20 years. I dare say that I will go to my grave and wave from the hole in the ground, saying, “Do you remember? Why have you done nothing about this?”
If I may say so, there is not only a moral and justice case for dealing with prisoners in a productive and sensible way but a hard-headed economic case. The cost of housing a male adult prisoner in a long-term secure prison is enormous. If, when that prisoner is in there and is literally a captive audience, we do nothing to prevent him—it usually is a “him”—reoffending, are we not letting ourselves down? Are we not letting our fellow citizens down by fooling them into thinking that a Government with a policy of sending more and more people to prison for longer and longer while doing nothing constructive with them when they are in there are achieving something positive?
When I became the shadow Minister, the first person I rang up was the noble Lord, Lord Ramsbotham; he is no longer in his place. I have learned a great deal from him and many others who know an awful lot about this subject. He asked me to think about three things; noble Lords have mentioned them already. The first is what we do with prisoners when they are released. He said that they need a job, a stable place of accommodation and a stable relationship. Those things come through their families and the system, be it the Prison Service, the Parole Board or the voluntary sector, enabling people to leave prison in a condition in which they can get a job.
If you leave prison and you cannot read or write—bear in mind that the average reading age of an adult prisoner in our system is 11—you cannot get even the most basic manual job. So why do we send people to prison for all those years and not teach them to read and write or to add up? Why do we send drug addicts to prison and not effectively treat their addictions? Why do we send mentally ill people to prison and not effectively treat their mental health problems? I guess it is because it is easy just to keep on doing the same thing over and again.
I have been saying the same thing over and again. My six minutes are now up but I urge my noble and learned friend on the Front Bench to launch out on a new path—one of real reform and real positive advance.
Lord Davies of Brixton (Lab)
My Lords, it is an honour to take part in this debate. My main reason for signing up to it was to listen and learn. Much of the discussion has focused on whether prison works and I want to highlight this issue in relation to older prisoners. The noble and learned Lord, Lord Garnier, rightly stressed the importance to prisoners of having a job when they come out of prison but, of course, a small proportion of prisoners are pensioners. Their specific needs must be given greater attention; I ask the Minister to say at least something in his reply about the specific needs of older prisoners, including in terms of their rehabilitation and their re-entry into society.
I have just two specific points to add to that general call. First, the punishment is what is levied by the court, but prisoners lose out in other ways. Prisoners of working age lose their national insurance contributions. There is a whole debate there but inflicting poverty on prisoners when they get to retirement age should not be part of the punishment. I suggest that one reform would be for prisoners who work or are in full-time training to be entitled to national insurance credits so that they can look forward to an adequate pension. That must be part of a policy for rehabilitation and re-entry.
My second, main point relates to the removal of the state pension from those prisoners who are of pensionable age. It is always difficult to engender sympathy for prisoners—it is perhaps even harder to do so for older prisoners given the typical nature of their crimes—but this is an issue not of sympathy but of rights. We have a state pension system based on contributions. In my view, if prisoners have paid their contributions, they should receive their benefits. Often, broadly, the argument is reduced to, “Well, we need to recoup part of the cost”, but we do not do that for prisoners under pension age. Why should we take a pension away from those who are over pension age?
It is notable that prisoners do not lose their occupational pensions. There is a technical point here, to a certain extent. Currently, for many older pensioners, part of their occupational pension is a replacement for the state pension. There is a lottery element: if you get a pension from the state, you lose it in prison, but, if you get an identical pension from an occupational scheme, you do not lose it. Given the national insurance position of a large number of older pensioners, their wives—it typically is wives—lose their pensions as well. That cannot be right.
This is not a new point. In the past, the Prison Reform Trust and Age UK have expressed dismay at this policy, and my main point is that it is directly relevant to prospects for rehabilitation and return to society that we should not inflict additional penalties which move people into greater poverty, with the consequent knock-on effects on their future.
Baroness Sater (Con)
My Lords, I welcome my noble and learned friend Lord Bellamy and look forward to his maiden speech. I also thank my noble friend Lord Farmer for this very important debate. It is full of so many key and important issues that matter to me and many of your Lordships here today, and I am grateful to be focusing on the contribution made by the voluntary sector in reducing reoffending and helping to deliver successful rehabilitation outcomes.
Many of us will be aware of the contributions made by the voluntary sector and of its work in delivering early intervention and helping to divert people away from the criminal justice system. Much of this work is increasingly dependent on the work of the voluntary sector and passionate volunteers. However, sadly there are those who end up in custody. The youth and adult secure estate is without doubt a deterrent and a form of punishment. However, it is equally important for us to address and rehabilitate those who want to be helped, while inside and when they leave custody.
We know that people in contact with the criminal justice system face significant health inequalities compared to the general population. The Covid-19 pandemic has undoubtedly added an extra burden to these complexities. The HM Chief Inspector of Prisons Annual Report: 2020 to 2021 highlighted that prisoners spent
“long periods of isolation, in … cells”
sometimes with “no company” and “without purposeful activity”. This “had a profound effect” on their well-being. Purposeful activity is defined as an activity that is likely to benefit the prisoner, such as work, vocational training, education, and programmes to address their offending.
An underutilised and under-resourced intervention is physical activity and sport. This can be one of the best ways to engage prisoners, children and young people, acting as the hook to draw them into the wider valuable support that they need to help their rehabilitation and to tackle health inequalities such as addiction. A Sporting Chance: An Independent Review of Sport in Youth and Adult Prisons, carried out by Professor Rosie Meek in 2018, included some statistics which showed that reoffending data for sports-based initiatives can be as low as 6%. The contribution of the voluntary sector and its focus on the use of physical activity is highly beneficial, and I would like to draw attention to some of its work.
In declaring my interests, I am involved in trying to improve and develop the ability for sport and physical activity to enhance the health and well-being of those involved in, or at risk of entering, the criminal justice system, as co-chair of the APPG on Sport and Physical Activity in the Criminal Justice System, and as chair of the Alliance of Sport’s taskforce on physical activity and sport in the criminal justice system. To be complete, I am also vice-chair of the APPGs on Sport and the APPG on Charities and Volunteering.
We must work to improve and prioritise the health and well-being of children, young people and adults in the secure estate. This can be done through introducing more activities with qualified and appropriate mentors who can support and deliver successful outcomes. Working in partnership with a very busy and specialist prison service in this way can be a huge asset, not a hindrance. A broad range of sport and physical activity-based voluntary organisations are already doing great work across our prisons, an example being the Twinning Project—a football-based programme that connects local clubs with prisons to support prisoners through professional coaching qualifications, refereeing and employability skills. Aston Villa Football Club collaborated with HMP Birmingham to support a cohort of men who were approaching release back into the community. One recipient in 2020 gave it the ultimate testimonial:
“Aston Villa Foundation has saved my life and my mental health.”
A further example is parkrun, which now has 31 events taking place in custody each week. In addition to running or walking 5k, the event allows participants to volunteer as marshals or timekeepers. Participants can also take part in a community parkrun on their release from custody. Therefore, from football to rugby and rowing to running, along with activities including trauma-informed yoga, many organisations are already addressing prisoners’ health and well-being, while supporting them to learn new skills and improve their employment prospects.
However, this provision remains patchy across the secure estate, and how it impacts supporting the continuity of care remains unclear. Without proper funding and co-ordination, potential opportunities for tackling reoffending are being missed. Can the Minister say how he can improve the access to prisons for our voluntary organisations and at the same time support the Prison Service, which in partnership is making greater contributions to delivering better outcomes for those in the secure estate and beyond?
We should not underestimate the impact of voluntary organisations and volunteers who make a difference day-to-day in dealing with the range of pressures across our prisons at present. It is a win-win to look at how these organisations can work better together with prisons. More work should be done to evaluate and deliver greater investment into these partnerships, and to help make an even greater difference to the future of those prisoners who want to turn their lives around and go on to live crime-free lives.
Lord Bird (CB)
I welcome the noble and learned Lord, Lord Bellamy, to his new job. I hope that he does better than all the others ever did. Look at it this way: one thing that we are not embracing is that whatever we are doing is not working. Until you recognise that something is not working, it is like carrying an illness around with you and keep saying, “I’ll go and see the doctor”, but you do not—and then one day you do go and see the doctor, which means you move nearer to the solution than by doing nothing about it. We have a problem over prisons. We have problems with all sorts of things that the Government are expected to respond to but, with prisons, we spend £4 billion largely on warehousing people for a particular period. Then we let them out on the streets and they return to crime.
When I made my maiden speech here six years ago, I was being serious when I said that I got into the House of Lords by lying, cheating and stealing. I did not mean that I had to brown-nose a lot of people and leave a lot of envelopes around. I meant that the class of person I came from—we always like to avoid “class” now, post Thatcher—did not get an education. You got a form of babysitting from the ages of five to 15. I was blessed by the fact that every time I got nicked, I was taught something. In a boys’ prison at the age of 16, I learned to read and write, and even though it took me another 15 years to get out of being a naughty boy and a naughty young man, I had laid the foundation stones of a complete and utter transformation in my life. Why is the illiteracy rate in prisons so high? Why is it that 35% of children who pass through our schools are failed? They join the working poor and the long-term unemployed, and they become 90% of the prison population. I repeat: 35% of our children are failed at school.
I like the idea that the noble Lord, Lord Farmer, can find a magic bullet. I am not being rude but we are always looking for a magic bullet. My magic bullet is for us to address that we fail 35% of our schoolchildren and condemn people to poverty. Behind all of this is poverty. That is what it is. How did you do in the poverty argument? When you come into life, you could say, “Where am I in the poverty argument?”. When you leave life at the other end, maybe you should also ask “How did I do in the poverty argument?”. Most of the people who end up in prison did badly in the poverty argument.
It is a class issue, not just one of families. God above, I would not want my family anywhere near children —my mum and dad could not organise a urination in a whatever. They were absolutely useless, because they did not see the importance of education or ballet lessons—which they never paid for. They did not see that, to bring me out of poverty, they had to address the fact that they knew nothing about education or the social opportunities that it can bring.
I am glad that the noble Lord, Lord Farmer, has raised the issue of families because I agree with him. Is it not terrible that, if a child does not see their parent in prison, the reoffending rate of the prisoner goes through the roof—some 60% of them are likely to reoffend?
We need to address issues that are nothing to do with prisons. Prison is an emergency response to a social crisis. If you have been a bad boy or girl, we are going to lock you up. We then say we are going to do all sorts of things for you but do not do them. Why is it that, when I talked to 150 prison governors in the north of England a couple of years ago and asked them to tell me how much time and money they spent on rehabilitation, it was next to nothing? They put rehabilitation as maybe a fifth or sixth consideration. The first thing was the safety of staff and the second was the safety of prisoners—no one running away and those sorts of things.
The problem is that rehabilitation and education—which can get people out of the sticky stuff and move them on—are not there. We must address the problem that 35% of our children are lost in the education system and become the working poor. They are the ones who cannot handle inflation; they will become long-term unemployed and then become our prison population.
Lord Lilley (Con)
My Lords, I congratulate my noble friend Lord Farmer on securing this debate and making a speech that I thought was one of the most important, courageous, thoughtful and worth re-reading of any speech that I have heard since I have been in this place. Indeed, all the speeches so far have been important contributions and well worth reconsidering. The noble Baroness, Lady Burt, with whom I do not always agree, said, as she focused on rehabilitation, that those of us who do so are often accused of being lily-livered liberals. She is a Liberal and my liver is undoubtably “Lilley’s”.
I get most of my original interest in this subject from a great Christian Tory, Samuel Johnson, who, back in the 18th century—and little has changed since, as the noble Lord, Lord Bird, indicated—said that prisons are academies of crime. People go in because they have not been good at their crime, and they are more likely to learn from fellow prisoners than they are to be taught or helped by anybody else to be rehabilitated and leave crime behind them when they leave prison.
My experience of the prison system is far more limited than that of most people contributing to this debate. It is limited to visiting and talking to friends and constituents who have had the misfortune to go there. They confirm the impression that the noble Lord, Lord Bird, brought home forcefully: that though we pay lip service to the importance of rehabilitation and there have been initiatives—my noble and learned friend Lord Garnier endeavoured to emphasise the importance of rehabilitation—it has not had much impact. My impression is that it is incredibly hard, physically and culturally, to change the culture of prisons, which are basically about incarceration.
I suspect that we need to set up an entirely new prison, as a pilot project, focused primarily on rehabilitation. It should be staffed, equipped and designed with architecture to make rehabilitation possible. Such a prison would put great emphasis on literacy. As one of the speakers has pointed out, illiteracy is a major problem in the population of our prisons—and certainly in the experience of my constituents who have found themselves there. The day would be designed around work, to give people work and reinforce the habit of work, so that when they return to the working world they have not lost touch with it. There should be links with employers who are willing to take on former prisons, so that jobs will be available to them. There should be training in skills suited to the individual, so that they can take up work when they leave prison.
Such a prison would tackle drugs more seriously than we do. Something that I learned when visiting a friend in prison on an open day was that most of his fellow inmates were on marijuana. He said that in the drugs wing—where prisoners are not allowed out on visiting day—they were all on heroin. I asked if you only go in there if you are on heroin. He said, “No, you go in there if you are caught taking marijuana, but once inside, you learn that you cannot wash marijuana out of your system for the fortnightly test. If you take 16 litres of water, you can wash heroin out, so they all switch to heroin once they are in the drugs wing.” If that is going on in prisons, and we are encouraging people to move from soft to hard drugs, it shows what little thought is being given to one of the most prevalent and damaging problems that causes and prolongs lives of crime.
We should also build into the system at this pilot model prison aftercare services, so that people have planned accommodation and planned work, and links, I would hope, with the charitable and voluntary sectors so that they have people to call upon for support and help. Hopefully, that would work. We would then have some experience that would then be possible to spread throughout the prison system. If not, the chances of converting existing prisons and changing the priority from incarceration to rehabilitation are, I fear, limited.
Lord Woolf (CB)
My Lords, it is with some hesitation that I rise to my feet to talk. There was a time—the noble Lord, Lord Farmer, has identified that time—when I knew a lot about prisons. However, that time has long passed and I have now got to a stage where, I am afraid, I would have difficulty in identifying the large number of prisons I visited, both in this country and abroad.
However, I am sure that having this debate is of great value, because it gives people who are aware of the current situation an opportunity of explaining the problems that we have. As the people who visit prisons constantly find, the experience is shockingly sad, given the fact that it has resulted in the situation today. Bearing in mind the vast sums of money that are spent on our prisons and the criminal justice system in general, it is extraordinarily sad that we cannot make a bigger impression. I believe that we can, and that the money could be deployed.
I also believe there is a very simple answer: we have to find the resistance to the siren song that comes out from the media asking for longer and longer sentences. The message we need is that we must reduce the need for the length of sentences we already have. What can be achieved by our Prison Service at present could be achieved without extending the length of sentences, if only the culture would change. I hope our new Minister, who I hope will have continuing responsibility for this, realises that we have to change the culture. Nothing less than that will achieve the result we all want.
Of course, there will be opposition. When I retired from being a judge, the department of the courts that looks after public relations sent me a little present. It was one of those shields that you get if you play rugby or some other team sport, and it said in the middle “Hated by the Daily Mail”. I regard that as a considerable honour, and it is the one thing I got that I have treasured ever since, because it told me that I did at least some things right in the office I was privileged to hold.
I am very grateful to the noble Lord, Lord Farmer, for his kind remarks on my now ancient report into the prison situation that existed after the prison riots in 1990, in particular in Strangeways prison. At that time, it was remarkable how many worthy people were working hard to try to make the system work, but they unfortunately found that they could not fight against it. If we could get across the message that it is possible to make a change, we could produce improvements. Every now and then, we have marvellous examples of the best possible practice. The noble Lord, Lord Lilley, was talking about another example: they come into existence, prosper for a time and then, I am afraid, disappear from sight—despite everyone’s efforts.
To conclude, every word I have heard in this debate was absolutely right. Noble Lords have identified the nature of the problem and what can be done about it. Somehow or another, we have to change public attitudes, so that politicians feel that this is what they must bring about. I thank the noble Lord for giving us this opportunity. I wish that every word your Lordships have said is heard by the widest possible audience.
Baroness Fox of Buckley (Non-Afl)
My Lords, it is humbling to follow the noble and learned Lord, Lord Woolf. I welcome this important debate, so I have a special thank you for the noble Lord, Lord Farmer, and for his thought-provoking speech. There is so much to say on the topic. I am glad that many have referred to IPPs and that the noble Lord, Lord Moylan, will continue to try to do something about this ongoing blight on the criminal justice system. I hope that imprisonment for public protection sentences will, one day, for ever be gone.
Showing such regard for these or any prisoners can grate with the public. Too often, attempts to raise issues of prison reform can be met with an angry rolling of the eyes. “What about the victims of crime?”, people say. At present, I note that this goes far wider than the hard-line trope to lock them up and throw away the key or a repetition of the myth that prisons are cushy holiday camps. It reflects a larger problem of public despair at the state of criminal justice and the crisis of trust in the UK, in particular with policing.
On the one hand, many citizens feel that the criminal justice system is becoming oppressive and inconsistent in the application of laws over policing and penalising what were erstwhile non-criminal activities—whether that is a protest from the one-man foghorn Steve Bray or those at the Sarah Everard vigil, or the seeming obsession of some police forces with trawling through social media and threatening those who tweet offensive or hateful comments, in their opinion, with criminal sanction.
I also look at the squandering of resources spent on investigating tens of thousands of non-crime hate incidents, despite the fact that these NCHIs have never been voted for by Parliament and have even been declared unlawful by the courts in the Harry Miller case. In 2018, Sara Thornton, the chair of the National Police Chiefs’ Council, stated that the police should
“solve more burglaries and bear down on violence before we make more records of incidents that are not crimes.”
Yet the investigation of these NCHIs continues, while burglaries and violent crime are neglected, and the public feel that they are being ignored. So many feel underprotected by agencies charged with their safety.
As an example, you need look only at the story in the news this week about the release of the report on the Oldham grooming gangs. It is shocking reading and many still feel it is too evasive and a whitewash. Vulnerable young girls, who no one in authority would listen to, were drugged, raped and sexually abused with seeming impunity, as the police and local authorities looked the other way, refusing to investigate for fear of providing
“an opportunity for far-right racist elements to capitalise politically”.
This politicisation of policing adds to a sense of grievance, especially as similar stories have emerged from Rotherham, Rochdale, Telford and so on. This set of failures of the criminal justice agencies to live up to the public’s expectations can breed a wider cynicism about the importance of focusing on the plight of criminals and rehabilitation initiatives. We must not be deterred, but we cannot ignore that either.
I have some points on how we can improve prison life—a vital tool in deterring reoffending, as many have said. I recently visited the new early days centre at HMP Bronzefield, a Sodexo-managed women’s prison for the MoJ. It made a real impact on me: it is a hugely impressive initiative, enthusiastically backed by management and staff, which allows a smooth settlement into custody. This has been shown to have a positive reduction on self-harm, violence and suicide, as the noble Lord, Lord Farmer, explained that these initiatives do. These early days centres really work to cut down the volatility that new prisoners feel when entering the prison estate, allowing them to reach out for help without fear of repercussion, providing access to practical rules and being taught all the ropes of the prison regime by peer mentors.
I met three peer mentors—or young women residents as they were known then, or prisoners now; I cannot keep up—whose dedication to their role was meticulous. Their attention to detail was so impressive and they were organisationally competent. That not only contributed to their accumulation of skills for their own rehabilitation—I hope they might get a job at the MoJ when they are released—but helped to take some of the time burden from hard-pressed officers.
I make special mention here of Michael Campbell-Brown, who arranged over 160 of these specifically trained peer mentors. There are 15 of these early days centres; a new one opened earlier this week at HMP Addiewell, and HMP Peterborough is launching one in its female prison this week. I hope the Minister will back rolling out these programmes far more widely and look at these kinds of innovative new initiatives.
We now understand that setting the right tone at the start of the prison sentence is important, creating a positive contract between prison and prisoner, ensuring that incarceration is not just an extension of a turbulent, fearful and violent life outside. But this can all be undone by the circumstances of release, which so often set people up to fail. All that good work is ruined when prisoners are just dumped into the outside world. Often, those released are given unachievable tasks by probation officers; many are not given travel warrants or means to attend probation meetings and they end up being recalled to prison.
Often the focus of post-prison rehabilitation is on helping prisoners to gain employment, which is a good thing, but there is less focus on leaving jail without accommodation. Tens of thousands leave prison without anywhere to live. Not everyone has a family home to go to. This is crucial, and we know that there is a clear link—
Baroness Scott of Bybrook (Con)
I remind the noble Baroness of the six-minute limit.
Baroness Fox of Buckley (Non-Afl)
I apologise. There is a link between homelessness and reoffending. I hope the new Minister, whom I welcome heartily, will look at it too.
Lord Davies of Gower (Con)
My Lords, it is a pleasure, as always, to follow the noble Baroness, Lady Fox of Buckley. I thank my noble friend Lord Farmer for bringing this matter to the Chamber today and for his impressive speech. I echo the welcome to the Front Bench for my noble and learned friend Lord Bellamy.
In a former life, I spent most of my time detecting and arresting criminals and putting them before the courts. While I appreciate that there may be those who disagree with me, the reality is that we put the more serious offenders in prison because they need to be punished for their wrongdoing and, more importantly, because victims and the public at large must be protected from further harm. However, that does not mean that we should not make every attempt to engage, and we have a responsibility as a society to rehabilitate the wrongdoer.
I have long been mystified about why the reoffending rate remains so high. The Ministry of Justice estimates that it costs the country somewhere in the region of £18.1 billion—a staggering figure, I am sure your Lordships will agree. We know that people commit crime for a number of reasons. Some do it for drugs and profit. Personal circumstances while growing up can give some individuals a higher propensity for violence. We know that alcohol plays a substantial part in many offences against the person, such as domestic violence. However, for many offences there is also an undeniable link with deprivation and lack of opportunities, a factor I have seen first hand in my policing career here in London over many years. This lack of opportunities captures my interest more than anything else in respect of the rehabilitation process.
Last year Her Majesty’s Inspectorate of Prisons reported that those who engage in prison and probation education, training or employment activities are more likely to be employed and less likely to reoffend than those who do not. Around 70,000 prisoners are released from prison each year, and recent figures from the Prison Reform Trust in the Bromley Briefings Prison Factfile: Winter 2021 tell us that some 28% of prisoners had been in employment the year after custody. The same source tells us that 39% of people are less likely to be reconvicted if they secure a job after their release.
It is not all bad news. There is some good news, which brings me neatly on to a fantastic initiative called the New Futures Network, a specialist part of Her Majesty’s Prison and Probation Service. It brokers partnerships between prisons and employers in England and Wales. These partnerships help businesses fill skills gaps and prison leavers find employment. More than 400 businesses already work in partnership with prisons to provide work and employment opportunities. Of the employers surveyed, more than 80% positively rated those they employed as reliable and hard-working. As part of this structure, each prison has an employment advisory board, which is a platform to connect employers with prisons. Two weeks ago, I attended the inaugural meeting of one such board at Swansea prison. The enthusiasm and passion to make this work was impressive.
I cannot let the opportunity pass without a mention for the Timpson Foundation, which specialises in the recruitment of marginalised groups within society. It is worth noting that Timpson is one of the largest employers of ex-offenders in the UK.
Among other things, the purpose of these employment advisory boards is to help develop a positive culture of employment within the prison for the long term, to help prisoners get job-ready—with focus on CV building, interview practice, skills training and a knowledge of what opportunities there are for them to apply for—and to encourage local businesses to engage with the prison and offer their resources, connections and knowledge to help those living and working in the prison to prepare for and find work on release.
Opportunities in the building industry, hospitality and road transport are all catered for, and Swansea prison has secured funding for a heavy goods vehicle simulator, which allows prisoners on the scheme to gain driving qualifications. It was interesting, speaking to the governor, to learn that one of the hold-ups in the system was that they had to get £35 to apply for a licence. That seems rather crazy. I am sure that the Ministry of Justice could speak to the DVLA or the Department for Transport on that.
The New Futures Network can help by working with prisons to field appropriate candidates to join a business on day release, which enables serving prisoners who are within two years of release to leave prison to work in the community. It allows individuals to gain valuable experience of the way organisations work and to receive essential training before being permanently released and possibly joining a business. Timpson has a long history of working with the Prison Service to employ ex-offenders. James Timpson, its chief executive, has said that far more people go into its shops because of what it does with ex-offenders and see it as a really positive thing.
A scheme such as this has to be a very positive step forward, and I am bound to say that I was so impressed with it that I very much hope it will expand throughout the UK. As politicians, we should take note of the good and very positive work that is being carried out to assist ex-offenders and do everything that we can to support it.
Baroness Finlay of Llandaff (CB)
My Lords, like others, I welcome the noble and learned Lord, Lord Bellamy, to his position on the Front Bench. I must declare that I chair the Commission on Alcohol Harm. As the noble Lord, Lord Brooke of Alverthorpe, predicted, I will talk about alcohol as one of the things that leads into the funnel that eventually ends up in prison, an area that so many noble Lords have spoken about today.
Like my noble friend Lord Bird, I think it is particularly important that we focus on some of those antecedents. Last year, more than one-quarter—28%—of homicide suspects were under the influence: 13% with alcohol, 5% with illicit drugs and 10% with both at the time of the homicide. The cost to the country of alcohol-fuelled crime is £11.4 billion a year, and 20% of offenders supervised by the probation service have a known alcohol problem. Last year, Dorset neighbourhood police received more than 8,000 crime reports that were linked to alcohol in the 12 months to September 2021.
As has been said, alcohol is consistently found to be linked to domestic abuse, and 37% of domestic violence is alcohol related. To bring this to life, I shall quote Alexandra, who features in the Commission on Alcohol Harm’s report:
“I stayed in my bedroom, it was like a cage but the safest place possible. I was too scared to leave or to talk to anyone. The solution was to be invisible and quiet, hoping she would not come after me. But she did. She abused me, and my dad, mentally, emotionally, sometimes physically. For years, on a regular basis.”
How does somebody like Alexandra stand much of a chance when she grows up and goes into the world outside having been hidden away for years with that problem?
Knife crime has increased in our society, but for every such offence there are 15 violent crimes in which the victim judges that the perpetrator was under the influence of alcohol. The crime survey indicated that 39% of victims of serious offences believed that alcohol played a factor in the incident. Overall, alcohol-fuelled incidents account for 40% to 60% of violent crime, year in, year out.
The problem is far worse in areas of deprivation. Alcohol-related mortality is 20% higher in the north-east than the English average and alcohol-related violence is 5.5 times more prevalent in low socioeconomic groups. There is an important figure here for the levelling-up agenda, and this debate should feed into it.
The noble Lord, Lord Farmer, when introducing this debate, made an astoundingly important speech and I hope it resonates. It is not only his speech; it reflects his commitment to trying to solve some of these problems over the years.
I will focus on one solution relating to alcohol and driving. Recently I spoke to a magistrate. She said that drink-driving used to be the main offence, but now it is either both drink and drugs or drug-fuelled driving offences. Driving rehabilitation schemes provide a way forward. I will focus in particular on the alcohol abstinence monitoring requirement, which the amendment to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 allowed to be piloted.
This idea came from South Dakota, where Larry Long, a judge, had recognised that alcohol was the root problem of people repeatedly coming through his courtroom, and that the antecedents to alcohol abuse needed to be addressed. The catalogue of rotating cases, suspended licences, ignition locks, impounding vehicles and prison sentences were all known to fail. But with the abstinence scheme, and what are called sobriety tags, people are required to be sober for up to 120 days. In the pilot, 3,121 offenders were monitored and over 3,000 remained sober during the period. For 97% of the days monitored, they remained sober. Interestingly, afterwards they continued to remain sober, and that becomes really important because it shows the effectiveness of this scheme. As one offender said:
“I was pulled over on a Saturday morning and was devastated to blow over the limit. Like many others, during lockdown a drink at the weekend had turned into maybe a glass of wine … and it made me reflect. I’ve not found wearing the tag hard, but it has given me extra motivation to reduce my intake.”
There are other schemes as well: Checkpoint in Durham is trying to address this.
In relation to drugs, I hope we can learn from Hawaii, where the Hawaii Opportunity Probation with Enforcement—HOPE—scheme is trying to do the same with substance abuse probationers, who are addicted to drugs.
I would love to continue, in this debate, and talk about other factors, but time does not allow. I will mention simply that in Cardiff, John Shepherd has done a great deal of work with the police to try to decrease crime on the streets, particularly when there are celebrations going on in those city streets. We need to address these antecedents head on, and not be seduced into thinking that somehow a little bit of education will cut down the alcohol abuse that we see.
Lord Moylan (Con)
My Lords, I am grateful to my noble friend Lord Farmer for initiating this debate. If noble Lords will indulge me, I propose to spend all of my few minutes talking about the continuing scandal of IPP prisoners.
The noble Baroness, Lady Burt of Solihull, and the noble and learned Lord, Lord Thomas of Cwmgiedd, have already given some background facts on that, but to summarise very briefly: between 2005 and 2012, when this form of sentence was no longer given, nearly 9,000 people were sentenced to it. Of those, over 1,500 are still in jail, never having been released. As an instance of the egregiousness of that, nearly 200 of those had a tariff of two years when they were sentenced and are still in jail having served 10 years over that tariff.
The figure of 1,500 still in jail does not represent the full tally because in addition, as of March this year, there were 1,400 who were back in jail, having been recalled. Nor is the problem going to get any better: in a Written Answer given by my right honourable friend Kit Malthouse to the Member of Parliament for West Ham in another place in December last year, the Ministry of Justice said that it estimated that the number of people to be released over the next four years, from the IPP prison sentence, was of the order—it is a round number; it is an estimate, I accept that—of 600 prisoners. Asked, at the same time, to estimate how many it expected to be recalled over the same four years, it amounted to 2,600 people currently out on licence. So, to the 3,000 currently in jail, we may confidently look forward to a further 2,000 being added over the next four years.
The situation is moving more quickly, in policy terms, than noble Lords might be aware. The Deputy Prime Minister and Lord Chancellor announced in a press statement a few weeks ago that he was arrogating to himself the decision of when prisoners were to be moved from closed to open prisons—not to be released into the community, but when they might be moved from closed to open prisons. The move, of course, is an indispensable step for them ever to be released. The decision is no longer to be taken by the Prison Service, but by the Secretary of State or his delegate. The test for whether they are to be transferred from closed to open prisons has moved from being a balanced assessment of the risks and benefits to being three separate tests, all of them harder and all of them set out for me, very kindly, in a letter in response to a question I asked, by my noble friend Lady Scott of Bybrook, a copy of which is in the Library of the House.
So, things are not moving forward, they are moving backwards, when it comes to addressing this injustice. I would like to take just a few seconds to remind noble Lords—I know they are aware of it—that nearly all these people have families. The families suffer as well from simply not knowing when, if ever, these sentences will be discharged and when they will be able to have their family member back as a normal member of society. Other members of those families suffer from the simple fact that they have seen their relatives successfully commit suicide—not merely attempt it—while serving these sentences, in simple despair at the very thought that they might be able to escape the system.
If it is hard for Ministers, especially in the other place, to do anything for prisoners who are clearly there because they have committed crimes of violence—that was a condition of why they were there in the first place, I fully accept that—let me at least make two propositions that they might take on board to support those who are out on licence and living in the community.
First, as we discussed in debate on the Police, Crime, Sentencing and Courts Bill, they have to be out for 10 years—that is the qualifying period set in statute—before they can discharge the sentence finally. That 10-year period could be cut to five years with no risk to public safety, because they are out already and because if they have been out for five years, the likelihood that they will offend and be recalled in the second five years is minimal.
The second thing that Ministers could do relates to the current IPP action plan that they have said they will revise in the light of the report of the House of Commons Justice Select Committee, which we are all avidly looking forward to. That plan says a great deal, properly, about the Prison Service and the Parole Board, but very little about the probation service. The plan needs greatly strengthening in terms of the probation service and the support that is offered to these poor people as they try to rebuild their lives in the community. If my noble and learned friend the Minister could give assurances to the House that action will be taken on those two things at least, he would allow me not only to welcome him to his place but to give him hearty congratulations in advance on his maiden speech.
Lord Addington (LD)
My Lords, I apologise to the House for speaking in the gap; I was not quite properly organised enough to get on the list, but I will not make a habit of this.
When it comes to the prison system, most of us here have long memories. I remember working over 30 years ago for the Apex Trust, which tried to deal with the offending cycle by getting people into work. Most of the problems that I bumped into on my first day are still there. The noble Lord, Lord Bird, put his finger squarely on the primary one: that the group you are recruiting from is chaotic and educationally underachieving. Most of them—the scholars among them—have made it to year 9; the rest were out of the education system before that. Secondary education has been patchy at best, and primary education may not have been much better.
The incredibly high percentage with what I would call the hidden disabilities—I remind the House of my interest in dyslexia and related fields—is so overrepresented as to make it ridiculous. These are people of, shall we say, a working-class background—the non-exam-passing classes—where you do not find this. Dyslexics like me who had a tiger parent who expected them to get through identify the problem, but the rest do not. A good reaction to the system is then, “Well, I don’t like school, so I won’t go”. If you are an 11 year-old who is at the bottom of the class, failing everything and unable to handle the situation, that is a perfectly logical thing to do. No one is telling you otherwise; no one is getting into it. The prison system has to deal with these people who have failed.
The special educational needs review will do a better job of giving some more information here, I hope, but it is a big ask. The prison system will have to back up that work by identifying such a person and telling them, “You’re not terminally stupid. You have a problem with learning that is called X”. Just think how much easier that person is to deal with after that. Think of the psychological effect of saying, “You haven’t been written off”.
What can you do to address this lack of confidence? One thing—to which the noble Baroness, Lady Sater, referred—is sport, which is a good thing for this predominantly young and male population. Remember that these people have been out of school, and the normal links to sport and organised activity have been removed from them. Their families probably do not provide this or back it up in other ways. These young people are stuffed in an institution; why not give them some exercise and structure? Professor Meek’s 2018 report—the pandemic means that it is still very current—says that, if you get in there and give a positive role model to people, they will respond well. If you teach a sport, you teach discipline, organisation, control and regard for rules—you cannot succeed without these—and you give a positive role model. This is not surprising. I am sure that the arts can do a similar job for other groups.
When he sums up, could the Minister, whose maiden speech I look forward to—I wish he had a few more friends here—give us an idea about how these types of interventions will be structured in the ongoing situation? One thing that we are agreed on is that what is happening now is not working.
Lord German (LD)
My Lords, this has been a thoughtful debate, and we have been treated to a glitterati of expertise. I thank the noble Lord, Lord Farmer, for addressing the major issues before us. In welcoming the noble and learned Lord, Lord Bellamy, to his seat, I say that we have had to welcome too many Ministers of Justice in recent years. I wish that his response to this debate will give us some hope for the future.
I was drawn to two remarks. The noble and learned Lord, Lord Garnier, said that this has all been said before in this House. I am afraid I will be paraphrasing what he said until the end of my life, although I sincerely hope that that is not the case. But it is certainly true that all the points have repeated what we have heard in the past in this Chamber, and it is important to remember that.
The right reverend Prelate the Bishop of Gloucester invited us to have a national debate. The source of the issues that it might cover have been laid out today. When the noble Lord, Lord Farmer, opened this debate, he focused on the causes of crime, and it is not often that we would have such a debate right at the heart of these matters. The House has today focused on those causes, whether they be alcohol, drugs, poverty, poor education and background, and so forth. We have also heard about the injustice of IPP sentences. That is something which I think this House will not allow any Minister to forget.
One thing on which the House has been united is its ambition. There is a sense that we all know what problem we are trying to solve. Though there might be a difference in emphasis, the House has shown that it wants to shift the dial back from the punitive to the rehabilitative elements of our justice system. It has recognised the importance of reducing the rate of reoffending, which, in the Government’s own words, is “stubbornly high”. So we give good marks for ambition, but it is in the delivery against those principles or ambitions where nearly all the work remains to be done and where we need to hold the Government to account for their actions.
The noble Lord, Lord Farmer, talked in his report and earlier reports about that “golden thread”, and he has talked today about the link through the prison gate, both before and after, of family life. One thread from this debate has been the need to build a seamless line of support for offenders through the prison gate. That should start from sentencing. Judges and those sentencing can be encouraged to outline the nature of any support required having sat through the case on which a custodial sentence is determined, but of course prison should be not the automatic choice anyway. There is now widespread evidence, as evidenced by my noble friend Lady Burt, the right reverend Prelate the Bishop of Gloucester and the noble and learned Lord, Lord Garnier, that short prison sentences do not lead to better outcomes in rehabilitation, and particularly for women they can be irreparably damaging to family links and bonds. The number of women in custody has fallen since 2010, but the statistics predict an increase in the coming few years, especially as the courts backlog is cleared. Custodial sentences for women should be the very last option, as my noble friend Lady Burt and the noble and learned Lord, Lord Thomas of Cwmgiedd, said.
The challenge for government is to reduce reoffending through routes to employment. Only 8% of people leaving prison are in paid employment six weeks later, and after a year that figure rises to just 17%. England and Wales has one of the highest rates of imprisonment in western Europe, with approximately 80,000 people incarcerated, rising to 100,000 by 2026. Yet prison is not working. Reoffending rates remain stubbornly high; 45% of adults released from prison go on to reoffend within a year. For those who have served a sentence of less than 12 months, this increases to 61%.
Research by Nacro shows that around 1,000 people leave prison homeless every month, leading to an increased risk of reoffending. Even with the extra funding and support available during the pandemic, that was still as high as 650 people a month.
Ambition 1 in the Government’s prisons strategy White Paper is:
“Clarity over who is accountable for improving rehabilitation and resettlement outcomes to reduce reoffending.”
That is their ambition, but, as we have heard today, a plethora of bodies fall into this statement of principle. A few have been mentioned today: prison officers, prison trainers, the probation service, local authorities, the NHS, housing associations, benefit provision offices, employment advisory boards, and a plethora of skilled third-sector organisations.
As the noble and learned Lord, Lord Thomas of Cwmgiedd, said, we need to have a holistic approach to bring together all these bodies in a way that makes it work for everyone. The great problem for the excellent third sector bodies—we all know of the Clink example—is that scaling up is a very difficult thing to do across the whole of the country. There is no hope for running all this out of the Ministry of Justice in London. Devolution is welcome, but it has not gone far enough. The Ministry of Justice should be able to set a framework of actions; it must then have the mechanism for it to be delivered locally.
If through-the-gate support is to be meaningful and workable, a consistent and deliverable structure is required. Prison governors will need the ability to influence those providing services not only within the custodial setting but immediately on release as well. Local authorities with housing, social care and a multitude of other required services will need to be adequately funded for the work they undertake. Too often, there has been an expectation that they will carry out the work without additional resource to ensure adequate delivery.
Some people are entitled to the discharge grant, for example, to help them on release. Last year it was raised from £46 to £76—the first increase in 26 years. Inflation has now bitten well into that increase. Thousands of prisoners remain ineligible, including those released on remand, fine defaulters and people serving less than 15 days. So perhaps the Minister could explain how the extra £200 million the Government plan to spend in two years’ time on supporting prison leavers will enable them to access the services they need for help. How will that money be committed? Will it be given to the released prisoners directly, or to training providers, housing associations or the NHS? Who will administer these funds; will it be the probation service acting as a commissioner? These are all critical questions to understand whether the delivery mechanism the Government are proposing will actually work.
Fundamentally, of course, is £200 million enough to meet the need? After all, the savings to the public purse of reducing reoffending is a massive financial bonus to the country—£18.1 billion, as we have been told in today’s debate. So this is a perfect example of how the Government can spend to save money for the people of this country. As my noble friend Lady Burt said, an easy way to get cracking on all this is to end Friday releases. That is an easy first step to improving the co-ordination of all these services, which find that they are not in place on that day of release.
The White Paper refers to several pilot schemes. I would be grateful for further information from the Minister on the Grand Avenue scheme in and around Cardiff. There is a Grand Avenue in Cardiff; I can tell him more about it should he wish to know when it was built and so on. This 10-year project may provide guidance on the way forward in respect of commissioning support services. I hope that we will not have to wait 10 years to learn the lessons, because we need to be getting on with this holistic approach and commissioning now.
In conclusion, there is much to encourage us in the Government’s White Paper, but many questions remain about resourcing, devolving and co-ordinating the vital services to reduce reoffending. The goal is obvious but the solutions have escaped government over these last decades. I hope that this does not become another false dawn whereby ambition is failed by inability to deliver. I look forward to the Minister’s maiden speech and, hopefully, his answers to this fundamental question.
Lord Ponsonby of Shulbrede (Lab)
My Lords, I too look forward to the noble and learned Lord the Minister’s maiden speech. He joins us as an expert on legal aid, an illustrious report on which he put his name to last year. I gently point out to him that his three predecessors resigned on principle, and I hope that he does not find himself in a similar position in the months to come.
I would like to open by thanking the noble Lord, Lord Farmer, for tabling this debate. It has been extremely wide-ranging and a lot of expertise has been demonstrated. I also acknowledge the two reports the noble Lord has written—his 2017 review of reoffending by male prisoners, and his 2019 report on the importance of strengthening offenders’ family relationships and its impact on intergenerational crime. The two reports have been debated a number of times in several debates, and they will have an enduring legacy. For me, the statistic that summarises the conclusion, in a sense, is that 39% of prisoners who receive visits from family members are less likely to reoffend. The noble Lord quoted that statistic in his speech.
I first took an interest in criminal justice matters about 20 years ago, through the voluntary sector. I became a trustee of the Wandsworth Prison visitors’ association, which led to my becoming a magistrate and having a long-standing interest in these matters. Over the last 20 years we have seen a lot of changes to the wider criminal justice system. Some have been driven by funding cuts, others by ideological commitments to particular organisational models—for example, in the probation service. But of course, on top of that there has been a huge increase in the prevalence of drugs in the prison estate and in the mental health issues of people who are sent to prison. All this has added up to a feeling that the wider criminal justice system just is not working. It is not keeping victims safe, rehabilitating offenders or providing staff with long-term rewarding careers during which they can use their expertise to reduce reoffending.
Since this such a wide-ranging debate, I want to concentrate on particular themes and ask the Minister a couple of questions. First, offenders are more likely to come out of prison addicted to drugs than when they went in, making our communities less safe. Drug crimes in prison have leapt by 500% since 2010, while the number of inmates accessing NHS alcohol and drug treatment programmes has fallen by 12%. One-third of adults released from custody go on to reoffend within a year and, as we have heard from other noble Lords, this costs the UK taxpayer £18 billion a year. Part of the problem is that the average prison officer in England and Wales now has only four years’ experience in the job. In 2017, the median time served by a front-line prison officer was 12 years. Surely, this has an impact on the availability of rehabilitation within prison.
In today’s Times newspaper, Charlie Taylor, the current Chief Inspector of Prisons, wrote about the uneven performance of and lack of purposeful activity in the prison system, particularly in category C prisons where offenders are supposed to be prepared to be released into the community; this is simply not happening in a number of those prisons. Current prison conditions mean that inmates are not given the opportunity to engage with meaningful education, substance misuse reduction or rehabilitation programmes. Does the Minister accept that this is a failure of the Government and needs the primary concentration of Ministers to reverse the situation?
Turning to youth justice, the Government have slashed £1 billion from youth services in our communities since 2010, leaving a gaping hole in respect of the clubs and support that used to exist for young people in the community. In 2020-21, 73% of youths in custody were in YOIs, 17% were in STCs and 10% were in secure children’s homes. Her Majesty’s Inspectorate of Prisons has issued urgent notifications for one YOI and two STCs where there is a significant concern about the treatment of young people in custody.
When I first became a youth magistrate some 13 years ago, about 3,000 young people were in custody; now, there are about 800. That is significant progress, but its inevitable consequence is that those young people who are in custody are more entrenched in their criminal behaviour and need more support to try to stop them reoffending when they come out of prison. Does the Minister agree that this is the situation, and extra support is needed for young people as they come out of custody?
Next, I refer to public confidence in the criminal justice system regarding rape. Some 41% of rape cases now end with the victim withdrawing their support. Does the Minister accept that this is a result of a lack of confidence in the justice system? What does he believe can be done to reduce the 1,081 days between a rape taking place and a verdict being reached by a court?
I return to community sentences. A number of noble Lords spoke about the importance of community sentences. I need to declare an interest here, as a sitting magistrate, in that I occasionally sentence women to short terms of imprisonment—although I think I can say that, in the 15 years that I have been sitting as a magistrate, I have only ever done that when the woman concerned has served multiple community sentences and, for one reason or another, those have failed.
However, I agree with the noble Baroness, Lady Burt, and the right reverend Prelate the Bishop of Gloucester about the importance of women’s centres. They are a very important element in trying to stop women reoffending. It is worth quoting the Chief Inspector of Probation, who has described the probation service as being “in survival mode” due to staff shortages. Can the Minister say anything about the recruitment activities of the probation service? To make community sentences work as they surely must, we need to reinvigorate community sentences and the probation service.
As I have said, this has been a wide-ranging debate and all the contributions have been extremely worth while. I understand that we are talking about intractable problems that are difficult to deal with. A number of noble Lords have a decades-long interest in these matters, but I just want to reflect on the speech of the noble and learned Lord, Lord Woolf. He opened by saying that when one walks into a prison, one walks into a shockingly sad situation. That is true in my experience of going into prisons over the years as well. The noble and learned Lord’s call was for shorter sentences and a reinvigoration of community sentences. Those two elements will do more to improve our situation in the wider criminal justice system than anything else. I urge the noble and learned Lord the Minister to listen to the words of the noble and learned Lord, Lord Woolf.
The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Bellamy) (Con) (Maiden Speech)
My Lords, it is an honour—and, I must say, something of a challenge—to make my maiden speech in response to this particularly powerful debate. First, I thank all those who have made me so welcome in this House and assisted with my introduction, not least my supporters: my noble friend Lady Scott of Bybrook and the noble Lord, Lord Anderson of Ipswich. I also thank noble Lords for their personal kindness and for the courtesy with which they rightly raise the most direct and challenging questions.
To give, briefly, a little personal background, I take my title in respectful tribute to my birthplace, the ancient settlement of Waddesdon in the Vale of Aylesbury, which was rebuilt in the late 19th century as a so-called model village to house the estate workers of the newly constructed and amazing edifice known as Waddesdon Manor, now in the care of the National Trust. My late father, then recently returned from the war, was the local GP in a sprawling, single-handed rural practice. In those days, the 1950s, a family doctor, as well as holding morning and evening surgeries, spent his day largely on the road, in home visits, visiting his patient in the local hospital—it was your duty as a GP to go to see your patient in hospital in those days—and, as often as not, the call would come in the middle of the night, in the mud and the snow, to deliver the baby on some distant farm.
I mention those things because this occasion enables me to salute not only that generation, the founding generation of the NHS, but all those, then and now, who dedicate themselves to front-line public service, often under the most appalling pressures. In the present context, I make special mention of the staff of HMPPS, who are working in most difficult circumstances, as has been pointed out, picking up the pieces of what has already gone seriously wrong at a much earlier stage. As the noble Lord, Lord Bird, pointed out, it is the social crisis that has led to people being in prison in the first place. Many prisoners have already fallen through the cracks: that, essentially, is our challenge. I disclose, as I should, that I have a niece who works for HMPPS in the probation sector and that my sister, also “of Waddesdon”, has spent a lifetime in this sector.
One point I would make, relevant to our debate today, which perhaps resonates with one of the points made by the noble Lord, Lord Farmer, is that the rural society of the 1950s I have just been describing was not, in any sense, a prosperous society. Few possessed a car, a telephone, a fridge, a washing machine, a television or, indeed, a bathroom; but as I recall it, there was in the village and the surrounding area a sense of community, of social cohesion, of family stability. I would argue that there was a social strength despite material poverty. That kind of stability has, I fear, frayed in the meantime under the pressures of modern life; this has perhaps contributed to the causes of crime and the problem of reoffending which preoccupies us in the debate today.
So, to delay the debate and the Government’s response to it no longer, I hope noble Lords will allow me the briefest, telegraphic description of my own career. I spent 22 years at the Bar, from timid beginnings in the London magistrates’ courts—a salutary education in the school of real life—and at the legal advice centre in north London mentioned by my friend, the noble and learned Lord, Lord Thomas of Cwmgiedd, all those years ago. Then I became a little more specialised and found myself at one stage as one of the UK judges in Luxembourg. There was the setting up of the Competition Appeal Tribunal, followed, some years later, by a long period on the other side of the profession, working with one of London’s major international law firms, chairing one of the firm’s global practice groups, working all over Europe and in the US, Asia, the Far East and elsewhere—a striking reminder in this last period of the global reach of the common law and the strength of the UK in that sector. However, that is all for another day. Personally speaking, it has been something of a zig-zag career, and whether my present role turns out to be a zig or a zag will be for your Lordships to decide.
On to today’s debate, I first particularly thank the noble Lord, Lord Farmer, and his advisor Dr Callan, not only for his speech today but for his extremely valuable reports of 2017 and 2019, for his ongoing work with the ministry, and his tireless and constructive interest in the matters under discussion. I cannot in the time available deal with all the points made; we have ranged extremely widely. I will do my best on other occasions to follow up those points or deal with them outside the context of the present debate. One of the matters I do not think I can really deal with today, in terms of rehabilitation of prisoners, is sentencing policy. With the House’s permission, I will not deal with the problem of IPP sentences but I have assured the noble Lord, Lord Moylan, that I will come back to him and the cross-party group on this subject, and that we will come to grips once again with that intractable problem.
Many other issues have been raised: I think of older pensioners and alcohol abuse; I think of rape and youth justice. All those things are extremely important but I would like to concentrate today on the main themes of the rehabilitation of prisoners, what the ministry and the Government are trying to do about it, and where we are going. I readily recognise that this is a difficult and intractable subject that many of us have been thinking about and discussing for years and years, but perhaps your Lordships will arrive at the conclusion that, at long last, we are really beginning to come to grips with the detail of the problem. Your Lordships have already heard mention during the debate of some encouraging matters: the new centre in Swansea, the New Futures Network mentioned earlier, the work initiatives mentioned by the right reverend Prelate the Bishop of Gloucester, and other matters. The Government’s, and my own approach, is as follows.
The noble Lord, Lord Farmer, is entirely right to regard the importance of family life, family connections and the maintenance of family relationships as the golden thread that runs through the whole problem. But a thread by itself needs to be woven into a stronger fabric to form, if you will, the warp and weft of a fabric that can sustain, develop and last into the future in a robust way. I would select today, respectfully, five other threads in the fabric that the Government will seek to strengthen and develop in the coming period.
The first thread, which I would regard as the most important, is the question of education. That has been raised several times before, and rightly. The Government have established—perhaps I should say re-established—a prisoner education service with the specific role of improving literacy, numeracy and technical skills in prison. It is entirely right that a very substantial proportion of the male prison population is dyslexic; it is as simple as that. For that reason, as eloquently explained earlier by noble Lords, many of the prisoners the system is dealing with have simply dropped out of school and fallen through the crack. Those difficulties have not been addressed earlier. This underlines another aspect that has come across so forcefully in this debate: the fact that we are dealing with widespread social problems that just happen to finish up in the prison sector.
The words that cropped up most frequently today included “holistic”, “interdepartmental” and “cross-government”. All those aspects need to have a co-ordinated response from government as a whole. To give one very small example from a Ministry of Justice point of view, I intend to make it one of my personal priorities to focus on the special educational needs tribunals which are responsible, as the House knows, for dealing with the provision of special needs in the school system, working with local authorities and the Department for Education to help address that problem at an earlier stage. But we have to think laterally the whole time when dealing with these types of problems. Better education of the prison population is the first thread, weave or strand in the overall approach to the situation.
The second strand, also mentioned today, is accommodation. Some 12,000 people a year are discharged from prison with no home to go to. The Government are setting up a community accommodation service with the objective that no one should leave prison with nowhere to go. That has been rolled out so far across five regions of the government: that accommodation should be provided for a minimum of 12 weeks, and homelessness protection teams and strategic homing specialists should be fully involved in the accommodation needs of discharged prisoners. That is, at least, another first step. One of the questions I have asked of my department in recent days—I am still quite new to all this—is how you plan in advance a prisoner’s release so that he knows he has accommodation to go to, the family knows what is happening and everything is already set up, as it were, across all the relevant services and departments. I gather that one of the initiatives in train is that a proper discharge packet should be prepared so that the prisoner has an ID, a CV, a certificate that he is fit to work and a home to go to. These are detailed, small steps but they are vital. Accommodation, therefore, is the second thread.
The third is employment. As your Lordships will know, it has always been difficult, to an extent, to overcome employers’ reluctance to employ offenders. I submit that this is perhaps beginning to change. An employment innovation fund of £21 million has been set up to improve work on how to get prisoners back into employment. The intention is to have an employment advisory board in every prison, so that prisons themselves can start equipping their prisoners with the skills they need to enhance their chances of employment.
Those boards will be chaired by a local business executive who knows what the employers are looking for. That will, over time, improve the situation. About half our prisons now have such an advisory board, and it is hoped that the rest will be installed by April of next year. The prisons themselves will have prison employment leads in them to match candidates to jobs. It is hoped that by April of next year, all 91 resettlement prisons will have such a mechanism to again encourage prisoners into employment.
I make particular mention of the New Futures Network, already mentioned by the noble Lord, which is an online resource broking and matching prisoners to available vacancies and jobs. We shall later on introduce legislation to facilitate prisoner apprenticeships, which is being welcomed by employer organisations. In this context I again salute a particular employer that has been mentioned: the Timpson Group, which is particularly active in this area. The proportion of prison leavers employed at six months post-release rose by two thirds between April 2021 and March 2022 and now stands at around 23%. Not high enough, I know, but slow progress upwards.
In continuing the threads, the next one, which I will mention briefly because it is a large topic, is control and improvement of substance misuse. It is no use releasing prisoners if they are still in the grip of substance misuse. As noble Lords know, the Government have appropriated more than £900 million to deal with drug problems generally. A substantial proportion of that goes to the prison community. Important measures have been taken in prisons to reduce drug availability and drug usage, and that is a key element of the programme.
Finally, there is the integrated probation service, which has been reorganised entirely over the last few years. It has had a considerable uplift in resources and is a vital part of the ongoing need to support and encourage prisoners when they are released.
So, those five threads are woven together with the family considerations, which I venture to suggest are now pretty firmly embedded in the culture of the Prison Service. The governors are very alert to and supportive of this. Every prison has to publish its policy on family matters. There are various initiatives, particularly virtual family video calls to maintain family contact; there is the “stories with Dad” or “stories with Mum” type of call. There is always more to be done, of course, but with the encouragement and leadership of the noble Lord, Lord Farmer, I think that that is now, as a matter of culture, growing in the Prison Service. Also, there is the Grand Avenue project in Cardiff—it too has been mentioned—which is part of the programme. So, there is a lot being done.
According to my figures, over the past 10 years, the number of reoffenders—that is, the number of people who are released and then reoffend—has halved, roughly speaking, from nearly 800,000 to just under 400,000. However, that is not the end of the story, because those who do reoffend are reoffending more often. Just over 25% of offenders who received a caution or a non-custodial conviction or were released from prison in 2019-20 reoffended within a year. That has fallen by about 5% over the past 10 years. It is not enough but it is at least a decline in the trend. Those are the matters on which we are working.
In conclusion—and I must finish, I am afraid, although I could go on for a long time—we are very conscious of the issue of staffing in prisons, which my noble friend Lord Farmer and the noble Lord, Lord Ponsonby, raised, and the need to increase the number of prison officers. The intention is to increase the number by another 5,000 over the next few years. At the moment it is not easy to recruit people of the necessary calibre, but the Government are conscious of the problem and we are doing our best to resolve it as soon as possible.
I have not got the solutions to the problems raised but I can, I hope, assure noble Lords to some extent that we are on the case and doing our best to improve the situation.
Lord Farmer (Con)
My Lords, on behalf of the whole House, I thank my noble and learned friend the Minister and congratulate him on his excellent maiden speech. It is not easy on entering this House to combine your maiden speech with a ministerial response to a debate, but I can say on behalf of us all that he did an excellent job.
The Minister is roughly the same age as me, I think. When one gets to this age, serving in this House is an optional decision, really. I suggest that it is a service for the common good rather than for one’s personal ambitions. From the Minister’s speech, one can derive that his heart is connected to his head in the role he has taken on here; I am also pleased that we now have a specific Minister for family justice in your Lordships’ House. He has internalised those ideals of service, sacrifice and duty, which we talked about before. When we look at his CV, which he presented to us today, we can see the wisdom and experience that he has garnered over decades, the benefit of which we will now receive. Again, I congratulate him and welcome him to our House. I am sure that I can say on behalf of us all that we wish him the very best. We will give him the best support we can; it may sometimes be quite critical, but we very much welcome him to our House.
I want to keep things short as I am sure everyone is looking forward to lunch. I thank all noble Lords for a rich debate. As the noble and learned Lord, Lord Woolf, said, this debate can be of great value. We have had two and a half hours of discussion on a difficult subject, from many different angles. I hope that it will be taken away by those in government and in the whole of the sector and studied. I also hope that recommendations can be drawn from it.
I thank noble Lords for their rich contributions. I had better close.
Post Office: Horizon Compensation
(2 years, 5 months ago)
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The Parliamentary Under-Secretary of State, Department for Business, Energy and Industrial Strategy (Lord Callanan) (Con)
My Lords, with the leave of the House, I will now repeat a Statement made by my honourable friend Minister Scully in another place:
“With permission, I will make a Statement on the latest steps that the Government are taking to ensure that swift and fair compensation is made available to postmasters impacted by the Horizon IT scandal.
This House is well aware of the terrible impact felt by the many postmasters affected by issues with the Post Office’s Horizon IT system, which began over 20 years ago. These distressing consequences have been widely documented both in the courts, in the 2019 group litigation order judgments, and in the more recent Court of Appeal judgments, as well as in the media. I would like to pay tribute to colleagues on both sides of the House who have supported postmasters in their efforts to expose the truth and see justice done.
Today, I would like to take the opportunity to update the House on the latest steps that the Government are taking to ensure that fair compensation is paid to people impacted by the Horizon IT scandal. As you all know, the members of the GLO performed a great public service by bringing the case in 2019 which exposed the scandal. That is why I was pleased that the Chancellor announced in March this year that further funding is being made available to ensure that they receive similar levels of compensation to that which is available to their non-GLO peers.
Today, I can update the House that the Government intend to make an interim payment of compensation to eligible members of the GLO who are not already covered by other compensation support, totalling £19.5 million. Together with the share of the December 2019 settlement that we understand was distributed to the GLO postmasters, this brings the total of compensation to about £30 million. Postmasters will be contacted in the coming weeks to submit an application, after which we aim to distribute the funds within a few weeks of receiving their application. I hope this will go some way in helping many postmasters who have, and still are, facing hardships.
In parallel, we are continuing to work at pace on delivering the final compensation scheme for the GLO. I can confirm that we will be appointing Freeths to access the data and methodology it developed in relation to the distribution of the 2019 settlement. Freeths represented the GLO claimants and has vital knowledge and expertise based on its involvement in the case. This will allow us to work at pace on the design of a scheme with the JFSA and Freeths to give those in the GLO similar compensation to their non-GLO peers.
As promised in March, we will informally consult with members of the GLO about the proposed scheme’s operations. I am also pleased to announce that members of the GLO group will be able to claim reasonable legal fees as part of participating in the compensation scheme. I hope this will allay any concerns that they might have about meeting the costs of seeking legal advice and support when applying to the scheme.
Turning now to progress on compensation for overturned criminal convictions, I am pleased to report to the House that interim payments are progressing well. As of 27 June, there have been 75 overturned convictions, with the most recent convictions being overturned in recent weeks. The Post Office has received 73 applications for interim payments, including several new applications in recent weeks. Sixty-seven offers have been accepted by claimants, with 66 payments totalling nearly £7 million paid out in compensation so far. This marks significant progress, with nine additional interim payments made to postmasters since I updated the BEIS Select Committee on 11 January 2022.
I am pleased that these interim payments have helped to deliver an early down payment on the compensation due to affected postmasters in advance of full and final compensation packages being agreed. For those postmasters with an overturned conviction who have already submitted quantified claims, I can share that we are working with the Post Office to agree part-payments of agreed elements of claims, such as loss of earnings, wherever possible and will continue to do so with additional claims which are submitted.
Taking this step should enable us to avoid undue delays by awarding partial compensation while outstanding matters are resolved. I acknowledge that one area where it has been challenging to agree compensation is non-pecuniary damages, some of which reflect the wider impact on postmasters’ lives that these wrongful convictions have had. These include compensation for the loss of their liberty or impacts on their mental health. A number of the postmasters have agreed to refer this issue to the process of early neutral evaluation, to be conducted by former Supreme Court judge Lord Dyson. It is hoped that this evaluation will facilitate the resolution of these issues. Government stand ready to support the delivery of the early neutral evaluation process and are keen to ensure that the outcomes of this process enable swift compensation. I urge all postmasters with a Horizon-related conviction to continue to come forward to seek to have these overturned. They are being contacted individually by the CCRC and other relevant bodies to encourage them to do so.
In addition to the progress on compensation for those with overturned criminal convictions, good progress has been made on delivering compensation for those in the historical shortfall scheme. As of 23 June, 65% of eligible claimants have now received an offer, meaning £29 million has now been offered and that 444 further postmasters have been offered compensation since my last update to the House. I would like to thank the independent panels for their diligent work in progressing these cases. As I have said previously, I have set the Post Office the ambition to make 100% of HSS offers by the end of the calendar year, and the Government are working closely with the Post Office to achieve this.
As I have said before, it is important—in addition to providing compensation—that we learn lessons so that something similar can never happen again. That is why the Government have set up the Post Office Horizon IT inquiry and put it on a statutory footing to ensure that it has all the powers it needs to investigate what happened, establish the facts and make recommendations for the future. We are co-operating fully with the inquiry to ensure that the facts of what happened are established and lessons learned.”
Lord McNicol of West Kilbride (Lab)
My Lords, I thank the Minister for repeating the Statement and in anticipation of answering my questions. He has often been on the right side of this debate, and I thank him for that. The biggest and most frequent criticisms that your Lordships’ House has had are threefold—some have been answered—the time taken to deliver compensation, who gets it, and the levels and amounts. Many of those issues have now been resolved over previous months and with this Statement. March’s announcement that 555 sub-postmasters would receive the compensation that they were entitled to was welcome, as is today’s further announcement confirming a £19.5 million interim compensation package.
However, it is frustrating that it has taken so long to reach this point, when what was needed to be done has been clear and obvious for many years. I am sure that we all agree that the victims of this scandal have been made to endure this stressful uncertainty for far too long.
It is clear that the positive resolution we have now reached is thanks to the tireless work of campaigners both inside and outside this place. That includes, as ever from this place, the noble Lord, Lord Arbuthnot, and from the other place, Kevan Jones. Both have done a tremendous job in fighting this injustice. To be fair, the Minister here and Minister Scully have acted where their predecessors have failed to.
We all know the history of this case, so I will not rehearse the arguments. It is well-documented, both here in Parliament and across the media. We all hope that this sad episode will drive lasting change. The shame of this miscarriage will, rightly, be felt across government for many years to come.
I have a few questions for the Minister; he has touched on some already, and I am looking for more details on others. Can he provide a timescale for when all compensation payments will be made? Will the Minister confirm that the compensation will not affect the Post Office’s core funding, its day-to-day operations or its viability in any way, given the vital role that it performs in many, if not all, our communities? The Minister knows that, across this House, we have called for those involved to be held accountable. Can he update the House—he has a little already—on the ongoing investigations, specifically into Fujitsu and others involved in the technology that led to this failure? Has Fujitsu been sanctioned? Have any of its other contracts been re-evaluated, checked or looked at?
It is not just those external to government. The Minister has previously committed to hold those responsible to account—by that, I mean the Post Office board. Can the Government confirm that the inquiry will extend to the directors of the Post Office, including those placed there by the department—those who wrongly sanctioned legal action? While affected postmasters have lost thousands in legal costs, this is far from all they have lost. The Minister touched on the non-pecuniary damages, but I wonder if he could say a little more. The financials have been restored but, as he and the Statement said, many people were affected in many ways other than financial.
Last year’s historical shortfall scheme for non-GLO postmasters included interim payments, which are urgently needed both for those living in poverty and to start bringing closure to this ordeal. I think the Minister said he expects the payments to start within two weeks, but can he confirm that this will be the case, and will they cover all those affected?
To take a step back, in his High Court judgment in the Horizon IT systems case, Justice Fraser stated that the denial by the Post Office
“amounts to the 21st century equivalent of maintaining that the earth is flat.”
His judgment into this scheme went on to state that the Post Office showed
“the most dreadful complacency, and total lack of interest in investigating these serious issues”.
Will the Post Office now introduce an independent component when conducting prosecutions so that if there are any future prosecutions in other areas, there will be an independent component before taking them to the next stage?
This whole ordeal around the wrongful prosecution of sub-postmasters has caused a huge waste of public funds and time, as well as a huge deal of mental anguish to those wrongfully prosecuted. Can the Government ensure that such a huge level of carelessness and complacency is never repeated so that we can avoid a further waste of public funds, as well as the stress caused by this ordeal?
All sides of this House are rightly united and outraged at what the sub-postmasters and sub-postmistresses experienced and the injustices they suffered for almost 25 years. Lives have been unjustly destroyed, and jobs lost. Some have been imprisoned and others lost their business, and many had the prospect of having a conviction hanging over them. Saddest of all, some did not live to see justice finally restored.
Baroness Randerson (LD)
My Lords, I thank the Minister for his commitment on this issue and for his Statement today. As he knows, when I was first involved in this, as a Member of the Welsh Assembly in the early 2000s, even then it was obvious that there was something very seriously wrong. In a crowded room in a pub, with so many people, and their families, who had been regarded as pillars of the community—the sort of people who went to look for pensioners who had not come to collect their pension to check that they were all right—I was being asked by the Post Office to believe that those people had taken its money. That definitely jarred with me at the time.
The big questions are these. How has this been allowed to take so long? How was it covered up for so long? What will happen to those people within the Post Office and Fujitsu who knew that they were covering up problems? I realise that there will have been people who were doing so without realising that they were involved in a cover-up, but there were many who knew. We must also consider the impact on the Post Office as an institution, which had previously been one of the most trusted British institutions.
The Minister has already addressed some of my questions, but I have a few questions on today’s Statement. First, I welcome the interim payments that are announced, but the amount of money sounds relatively modest given the time it has taken to get to this place. They are interim payments, but can the Minister tell us how many people the £19.5 million will be going to, so that we can get some measure of how much they will receive in the interim? The Statement refers to postmasters being contacted in the coming weeks and so on. Can the Minister give us a target date by which he hopes the interim payments will be made? We have had so much delay here. Finally, because I realise that time is short, 75 convictions have been overturned. Are there more in the process at the moment? Does the Minister expect there to be other overturned convictions?
What will the Government do about payments for those who have already died? As this process has taken more than two decades, many of the people involved in this process are now very elderly, and some of those who have died did so as a result of suicide because of the situation in which they were placed. What plans do the Government have to compensate the families of those who died and the families that stumped up large amounts of money to avoid their relatives going bankrupt as a result of misplaced allegations?
Lord Callanan (Con)
I thank the noble Lord, Lord McNicol, and the noble Baroness, Lady Randerson, for their statements and questions. The noble Lord already knows that I totally share his frustration. His statement about stressful uncertainty for the postmasters sums up the issue very well, and I totally agree with him. I am also very happy to join him in paying tribute to my noble friend Lord Arbuthnot and Kevan Jones; I know that a number of other parliamentarians, on all sides of the House, have also been involved in this. They are truly a tribute to parliamentarians, who get criticised for a lot of things, but when there are scandals such as this, it shows the role that Members of both Houses can play in bringing the public’s attention, and indeed the Government’s attention, to them.
On the questions the noble Lord and the noble Baroness asked about the overall timescale, the ambition is that all offers will have been made by the end of the year. The GLO interim payments will be made within weeks. The noble Lord asked for an assurance that the core funding of the Post Office is unaffected, and I can give him that assurance. He also raised the issue of the directors of the Post Office: they can be held to account by the inquiry, as indeed can Ministers and officials involved in this. We are determined that there will be no hiding place for those who contributed to this scandal. He also asked about further private prosecutions. Right at the start of this scandal, when I spoke to the chief executive of the Post Office, he assured me that it had no plans to bring any more private prosecutions. I would be very surprised if it went back on that, given the trouble that this has got it into. The noble Lord also referred to Post Office complacency. That may have been the case in the past, but I think the new leadership under Nick Read is really producing a change in the culture and some real improvements in the service the Post Office is offering.
The noble Baroness, Lady Randerson, referred to cover-ups; there probably were, but that is of course a matter for the inquiry to establish. She asked how many people will receive compensation. The £19.5 million in interim payments goes to all members of the GLO scheme, of whom there are about 500. I can also confirm for the noble Baroness that in cases where some of those members have sadly died, we are engaging with their next of kin and their estates on seeking appropriate levels of compensation.
Lord Arbuthnot of Edrom (Con)
My Lords, again, my noble friend comes before this House with good news, and I am truly grateful for that. We look forward to the day when the compensation scheme can be completed, and we hope it happens early so that sub-postmasters can have truly substantial payments.
As the public inquiry considers the responsibility of Fujitsu, Post Office directors and others, can my noble friend the Minister assure your Lordships that the inevitable delay arising from the public inquiry will not cause to be legally time-barred any redress that might need to be taken in relation to those who are at fault?
Lord Callanan (Con)
I can give my noble friend a very quick answer to that: yes, I can give him that assurance. Once again, I pay tribute to the work he has done in exposing this scandal.
Viscount Stansgate (Lab)
My Lords, I thank the Minister for repeating the Statement and apologise for briefly having left the Chamber while he was making it. I pay tribute to the noble Lord, Lord Arbuthnot, and others for the work they have done in bringing this scandal to public attention. My question arises in the light of the previous one, and it is about the public inquiry. Can the Minister tell the House how long it might take, for the obvious reason that the sooner it is completed, whatever its outcome, the sooner we can be reassured that a scandal of this kind can never happen again?
Lord Callanan (Con)
I cannot give the noble Lord a timescale. Obviously, we want it to conclude as quickly as possible, but it needs to be thorough and to go into all the facts. Of course, it is in the hands of the chairman of the inquiry to determine exactly how long it should take.
Lord Cormack (Con)
My Lords, we are all very grateful to my noble friend the Minister, and to my noble friend Lord Arbuthnot. He and Minister Scully have pursued this with vigour and deserve our thanks. These people, who have gone through hell, are being compensated but no compensation can be truly adequate. An idea has occurred to me which I commend to the Minister: could these people, who have been exonerated and compensated, be issued with a medal for meritorious service to the Post Office?
Lord Callanan (Con)
That is an interesting idea that I will take back and discuss with officials.
Lord Macpherson of Earl’s Court (CB)
My Lords, I very much welcome the Minister’s Statement, particularly the announcement of the public inquiry. But however speedy these are intended to be, they have an uncanny knack of going on for several years, so can the Minister confirm that both the Post Office and its sponsoring department have conducted internal inquiries, albeit on an interim basis, the better to learn the lessons now?
Lord Callanan (Con)
Officials and, I am sure, Ministers are keen to learn the lessons, but the inquiry is the best place to fully go into all these matters, which took place over decades, as I said. It will get to the bottom of this and the appropriate individuals will be held responsible.
Lord Forsyth of Drumlean (Con)
My Lords, I congratulate my noble friend on the brilliant job he has done on this, but can he help me on the question of Fujitsu? We do not need a public inquiry to tell us that the software was deficient; we have reports of whistleblowers saying that they knew it was. So why is the taxpayer having to pick up the bill for this, and why is Fujitsu not being forced to pay up? If it is not prepared to do so, why on earth are we allowing it to do any work for any Government or anyone else with whom we have influence?
Lord Callanan (Con)
As my noble friend knows, I have considerable sympathy with his points, which, on the face of it, seem obvious. But we need to wait for the inquiry to positively establish the facts and lay them out in stark detail before considering what further steps to take.
Lord Polak (Con)
My Lords, I had the honour of entering this House at the same time as my noble friend Lord Arbuthnot. We have been friends for many years, and I too congratulate him on his tenacity and effectiveness; it has been outstanding, and many people around the country are grateful to him. I was intrigued by what the noble Baroness, Lady Randerson, said about the Welsh pub. I have consistently tried to personalise this by mentioning my friend Rita Threlfall on every occasion, because this is about individuals and their families; it is not about the figure of 555, which almost means nothing. I entirely agree that no amount of money can restore their dignity. I also entirely agree that my noble friend and Minister Scully have done their best, but it is not enough. I was going to finish by saying what has just been said: I do not understand why Fujitsu is not paying for this. Can the Minister explain why it is not financially responsible for this and why the taxpayer is paying, as was said?
Lord Callanan (Con)
Again, I have considerable sympathy for the points that my noble friend makes, but, so far, Fujitsu has not been found guilty of any fraud or other crime related to this matter. It is co-operating in full with the inquiry, as we would expect of it. I realise that this is uncomfortable for the House, but we should wait for the results of the inquiry to set out in stark detail exactly where the failings were.
Baroness Altmann (Con)
My Lords, I associate myself with the tributes paid to my noble friend Lord Arbuthnot and Paul Scully in the other place, and with the congratulations offered to the Government on bringing forward payments at last, at least in many cases. The Statement talks about reimbursing “reasonable” costs of legal action. I understand that going forward, because we have to guard against egregious costs being imposed, but for those who have already had to take legal action, can my noble friend assure the House that there will be full recompense for all the legal expenses that they have had to go to, in addition to which there will be compensation for the suffering that they have clearly been through?
Lord Callanan (Con)
If my noble friend is talking about the GLO legal action, of course the costs of that were funded and the lawyers were not paid by the litigants; a lot of the compensation went to pay the legal fees, which is part of the problem with the GLO scheme.
Viscount Stansgate (Lab)
I hope the House will allow me the flexibility to take advantage of the fact that we have a few moments left in this exchange. Will the terms of reference of the inquiry—forgive me for not knowing the detail of them—encompass the role of the judiciary, which after all succeeded in sentencing an enormous number of postmasters to prison? Will it be a feature of the inquiry when it is held to investigate how that was possible?
Lord Callanan (Con)
The inquiry can cover all relevant matters. Of course, the role of the judiciary is being examined in the cases proceeding through the courts at the moment and in the convictions being overturned. I am sure that all those members of the judiciary still in their posts will pay close attention to those cases. To be fair, they can adjudge a case only on the evidence that is presented to them, but I am sure that they will want to take careful account of any technical evidence that was given in the various cases and perhaps treat it with a bit more scepticism in future.
Lord Cormack (Con)
I am grateful to my noble friend for his reception of my suggestion. It occurs to me that if we could have a public ceremony in, let us say, Westminster Hall, where these people were publicly recognised and given a medal, it really would do something for their morale.
Lord Callanan (Con)
As I said, it is an interesting proposition, and we will certainly have a look at it.
Commonwealth
(2 years, 5 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Howell of Guildford
That this House takes note of the 2022 Commonwealth Heads of Government Meeting and the future of the Commonwealth.
Lord Howell of Guildford (Con)
My Lords, I declare a general interest and involvement in this subject over many years, although nothing specific in the register. My purpose in seeking this debate is not merely to reflect on the just finished Heads of Government meeting in Kigali in Rwanda but to share some thoughts on how the Commonwealth network fits into the entirely new contours of the international landscape that we now confront and into our own future prosperity, security and influence.
Kigali seemed to go extremely well. Personally, I welcome the outcome that the change of Secretary-General will be orderly and in two years’ time. This prevents further division and gives a chance to the current Secretary-General, the noble and learned Baroness, Lady Scotland, to overcome her past difficulties and help lift the evolving Commonwealth to its new level of significance in both economic and security world affairs.
A good deal of quiet work has been going on at the secretariat, especially in the causes of women and girls in the changing Commonwealth, in environmental and marine co-operation and in the struggling smaller island states. However, people now look to Marlborough House to give an altogether stronger lead to the network, especially in the face of the new security threats its members confront, to which I will come a little later.
I also salute the work of my noble friend Lord Marland, who I see is here and I hope will speak, whose business forum meeting in Kigali showed how he has injected fresh vigour into expanding Commonwealth trade and investment. The opportunity is certainly there for that when the Commonwealth today contains several of the fastest-growing and highest-tech economies in the world, as well as many of the poorest, which are most threatened by current events, such as the pandemic, energy costs and increased climate violence.
However, I want to come to the future and how the Commonwealth fits into it. I can do that best by asking some basic questions. First, what is the Commonwealth’s purpose today? I begin to answer this by repeating what the Commonwealth is not: it is not a block, an alliance, a treaty-bound organisation, a relic, or a nostalgic leftover of Empire. Indeed, it is an entirely different network today not just from the imperial past but from the eight-member Commonwealth of Nations set up in the 1949 London declaration. It now has 54 members and is about to increase with two more; several other countries indicate a desire to join. That is hardly a sign of a declining system or a fading association, as ill-informed critics like to keep claiming. Indeed, I find my Japanese friends constantly inquiring about it. In better days than now there was quite a strong interest in the Republic of Ireland’s closer association with it—perhaps that will return when things improve on that front. At one stage, even the Americans were asking about the need for a Commonwealth office in Washington. That struck me as a little odd as they fought a whole war of independence to get away from us.
It is also not the case that Britain is at the centre of some kind of hub-and-spoke arrangement, with member states sometimes depicted as outposts. That belongs entirely to 20th-century thinking; it is completely out of date. Networks have strong links all around, but no centre; all are connected to all. Today, the Commonwealth is such a network—indeed, it is the largest that has ever formed in history. Modern, digitally empowered networks work away, grow at every level and never sleep. We must remember that, although Kigali was for Heads of Government, the Commonwealth is primarily a people’s and grass-roots linked system, given new relevance—almost a sort of blood transfusion—by the technology of connectivity, Zoom and the age of the microchip.
That is why, although some Governments may not see eye to eye and some may blatantly disregard the values embedded in the Commonwealth charter, which is always very regrettable, at the non-governmental level, the level of civil society, business and everyday life and work, a binding and integrating process nevertheless continues apace. This may sometimes be difficult for officials and diplomats to grasp, but it draws together a largely English-speaking nexus, with a vast and growing mesh or latticework of common interests in everything from science and law to health and education of all kinds. This includes, for example, the largest long-distance learning system in the world through the Commonwealth of Learning based in Vancouver and the Association of Commonwealth Universities, with 500 or more universities on its books.
Of course, parliamentarians connect through the lively Commonwealth Parliamentary Association, which we all know. However, the linkages go far beyond governance to engineering, all kinds of technology and research, education at every level, health and medicine, magistrates and judges, architects and designers, every aspect of our culture, and, of course, sport, as we shall all be reminded shortly at the forthcoming Commonwealth Games in Birmingham. Indeed, the linkages go to all professions: the list of Commonwealth professional bodies, most of them now thriving, goes off the page because it is so long.
Her Majesty the Queen described the Commonwealth a decade ago as, in many ways,
“the face of the future”
and that is exactly what the communications revolution has proved as time has gone by. I must say that her comments showed a good deal more insight and perceptiveness than some of her Ministers or some foreign policy experts or think-tank tyros. So that is the scene, but I have to ask my second question. Why does any of this matter to us here today in the UK, as we still seek to reposition ourselves globally after the Brexit drama and other changes?
First, all this activity covers areas where soft power and influence—ours is considerable and usually underrated —increasingly work best. Secondly, it is true that in the last 50 years our trade and investment links with the Commonwealth countries have declined substantially. But now, as Asia rises and becomes the fastest and biggest growth area of the globe—pulling ahead not just economically, but in advanced technology and the education and skills to drive it—and as two-way direct investment flows open up again on a massive scale, the situation is reversing fast.
These are the markets we need to be in and the official intention to join the rather heavily called Comprehensive and Progressive agreement for Trans-Pacific Partnership —CPTPP—underlines the fact. Incidentally, if and when we join, and we have the strong support of Japan in doing so, then more than half the members will be Commonwealth states. Beyond the CPTPP lies the Regional Comprehensive Economic Partnership. We are not members of that at the moment but that will be, and indeed already is, by far the biggest world trading network of all. Elsewhere, the new African Continental Free Trade Area opens out big new areas of economic exchange, on a continent all set for an immense population growth to about 1 billion by 2050.
That is the new picture on the trade side but, aside from all that, there is now a new geopolitical and security priority emerging. I very much wanted to get that into our debate today. Today, China is intruding into every part of the Commonwealth; not just commercially or via unrepayable loans but via military matters, officer training and even policing involvement. China understands what our experts often seem to overlook: small island states, far from being strategically unimportant, are now of immense strategic value in controlling maritime traffic, air traffic, GPS systems and even space. Hence, to take a current example, Chinese interest in establishing naval bases in places such as the Solomon Islands and having a footing, or outright control, in 96 port facilities in 53 countries scattered across the entire world, many of them Commonwealth. This is China’s way of extending its naval reach against ours and pursuing its hegemonic strategy of rejecting what it sees as the Western, and especially American, lop-sided dominance of the globe.
Not a week goes by without news of China extending its distinctly military activities into new islands in the South Seas, to the utter dismay of our Australian ally, which takes these things very seriously, or the Caribbean states, or the coastal states of Africa. I am not one of those dogmatic Sinophobes who thinks we have to break all links with China and regard it as a deadly enemy. In some key areas, such as energy and climate, we have to work with it closely and perhaps rather more cleverly than some of the American approaches in recent times. But if we let our Commonwealth network —our best means of transmitting our soft power—crumble or be nibbled away, then that undoubtedly will be a major foreign policy failure.
Meanwhile, China, the Commonwealth and the Ukraine horror weave together. President Biden says that the world is united against Russian brutality. The West may be, but the developing world—so-called—is not. Too many Commonwealth members are reluctant to condemn the unprovoked Russian attack on a smaller nation. Their immediate reasons may be understandable but their preference for a sort of neutrality on Chinese lines, when such actions undermine the entire international order, is deeply concerning. There can be no neutrality between inhuman butchery, unprovoked aggression and ordered governance. No nation is safe from that kind of lawlessness.
Via the belt and road initiative, double taxation and investment agreements and so on, the Chinese influence is creeping onwards. China now has BRI memorandums of understanding with 141 countries, including 38 of the Commonwealth’s total of 54—about to be 56. That indeed is networking, but the wrong sort of networking from our point of view. What should be our chain of liberty against the autocrats, and the best containment of rising Chinese power in Asia and elsewhere, could well be turned on its head, becoming instead a spearhead of Chinese influence across the planet.
My final question is: what should we do now, beyond all the initiatives that we have undoubtedly taken during our chairmanship? I was very glad to see that, at the G7 in Bavaria the other day, the idea of counterinfluence to the tentacles of the belt and road initiative was resurrected and developed. Of course, the Commonwealth is central to this. Using private enterprise in harmony with government policy, we certainly ought to be able to check the global march of the Chinese state and its corporate henchmen across the globe. While not matching all Chinese inducements, we should certainly be containing Chinese ambition.
Further tests of which side one should be on may come up shortly, if and when China impatiently uses force against Taiwan. Are we ensuring that the Commonwealth will choose diplomacy and understanding against brutal aggression on that issue? Have we talked to them? Have we lined up the support of India on this one, in contrast to its wobblier stance on Russia? How does Pakistan fit in with its strong Chinese links, or Sri Lanka as it wallows in debt, or Malaysia or the African leaderships?
We have been told repeatedly over the decades that we lack a role and a vision. To me, the role is now quite clear and has been for some time. At a time of enormous international instability, with old types of primitive warfare and new types of threat multiplying everywhere, our role is to uphold freedom under the law and to stand shoulder to shoulder with like-minded nations, large and small, in fruitful two-way partnerships and coalitions. In doing so, the Commonwealth is the key element of that mission. It is changing all the time and may well evolve into something different—that is possible. If so, we should be at the heart of it, creatively, constructively and imaginatively.
Are we up to it? We should be straining every muscle of diplomacy to ensure that we work as closely as possible with the Commonwealth family. But this family needs to move from being seen sometimes by British officialdom as marginal and a slightly tiresome legacy to being a central component of our strategy, direction, role fulfilment and future security. That is the assurance we need from Ministers: that they understand what is happening and where we are going. As to the vision and presentation of our story in this new world we have entered, I admit that that needs some brushing up, but the time for doing that is now—before it is too late. I hope that this debate will assist in that respect. I beg to move.
Lord Parekh (Lab)
My Lords, I begin by thanking the noble Lord, Lord Howell of Guildford, and congratulate him on introducing this debate. We know his interest in the Commonwealth; he has spoken about this on several occasions in this House in the past. He will forgive me if I give a slightly different view and raise questions that have not been raised before about the Commonwealth.
The Commonwealth is basically a legacy of the British Empire—of course, not entirely so, because it includes states that were not part of the British Empire, such as Rwanda and Mozambique, and it excludes states that were once part of the British Empire, such as Ireland and even the United States. Nevertheless, it remains the fact that it is primarily a legacy of the British Empire. Given this, we cannot understand it unless we understand the British Empire. What was the character of the British Empire? What was it about? What did it do to those 54 or 56 colonies out of which the Commonwealth came to be constituted?
The British Empire was very different from the other great European empires, such as the Portuguese, the Spanish, the French, the Dutch, the Belgian and many others. That is the first thing to note about the British Empire. However, the second and most important thing about the British Empire is that it was never a cosy affair. Empires involve brutality, genocide, a great deal of violence, and humiliation of the ex-colonies and subjects of the empire. The memories of this brutality and genocide may be forgotten and forgiven by the imperial power, but they are never forgotten by the victims, by those who suffered them; they continue to remember them, with the result that we are often surprised that they do not seem to show sufficient gratitude. For example, many ex-colonies—six in the West Indies—do not wish to be members of the Commonwealth and want to be republics, and we are surprised. They raise questions about slavery during the British Empire and we are surprised. We are constantly surprised by many of the awkward but realistic questions they raise. The question to ask, therefore, is whether our view of the Commonwealth is based on adequate recognition and acknowledgement of what actually went on in the name of the British Empire.
To think of ourselves as a kind and generous people who went thousands of miles to other countries to civilise the natives and came back having done our job, sometimes angry that they were not sufficiently grateful, is not really a proper understanding of what we actually did. So, before we talk about the Commonwealth as a viable force, we ought to understand what the British Empire was about. In the three minutes I have left, or even less than three minutes, I want to set out a very brief agenda in the hope that, in the future, we might be able to take it up.
The first thing I suggest is that there has to be a broadly agreed Commonwealth view of the British Empire. Britain has one view of the British Empire; India has a very different view—partly good, partly not so good; South Africa and other countries have a totally different view. I think the time has come for historians and others from different Commonwealth countries to get together, debate and form a just estimate of what the British Empire really did. That is very important: unless the truth is faced, we are in danger of allowing the Commonwealth to become an irrelevance or a pointless and ornamental appendage.
The second thing it is important to recognise is that, if it is going to be a Commonwealth and not the British Commonwealth, it should not be seen as a property or an extension of British foreign policy. We cannot expect Commonwealth countries to do what we would like to do, in Ukraine or anywhere else. We see the Commonwealth through our eyes; have we tried to look at ourselves through Commonwealth eyes and asked ourselves how we look from that perspective? I therefore suggest that the Queen or her successor should not automatically be the Head of the Commonwealth. As for the modus operandi we should operate, that is something that can be sorted out later.
The third important thing we need to do is to build up an institutional infrastructure, to which the noble Lord, Lord Howell, rightly referred, so we can have co-operative institutions and practices at the level of journalism, sport, education, and so on.
Fourthly and finally, the Commonwealth consists of transcontinental countries. It is the only association I know, other than the United Nations, whose members come from every continent, so it is very important that it should be a pressure group for important global issues such as climate change and others.
My simple conclusion is that, as Britain stretches out to explore its relations with other countries in the context of implementing the Brexit policy, it is very important that it should face the truth, recognise its past and come to terms with it; otherwise, we are in danger of talking about a wonderful picture of the Commonwealth which matches no reality.
Lord Sharpe of Epsom (Con)
I respectfully remind noble Lords that the Back-Bench speaking time is five minutes.
Lord Hussain (LD)
My lords, the Commonwealth is very important to people such as me who would not have been here without it. It was membership of the Commonwealth that opened the doors for the people of its member countries to work and settle in the United Kingdom, to rebuild the country after the Second World War. I commend the British people, who welcomed our families with open arms, and in the same breath I acknowledge the adult education service that helped people such as me to work and learn at the same time, to compete in the labour market with the provision of equal opportunity.
The United Kingdom, being the head of the Commonwealth, has a huge amount of respect and influence in the development of its member countries. Under the banner of the Commonwealth all member countries commit to the development of free and democratic societies and the promotion of peace and prosperity to improve the lives of all its peoples. In 2018 at the Commonwealth Heads of Government Meeting in London, the theme was “Towards a Common Future”. Following the meeting, the leaders adopted a communiqué, which set out a series of political commitments and practical actions that had been agreed. These commitments included strengthening democratic institutions and building peace.
The Commonwealth has a combined population of 2.5 billion people, and approximately 1.5 billion of them live in two member countries: India and Pakistan. A quick glance at the economic condition of these two countries paints a very gloomy picture. According to the recent report of the Global Multidimensional Poverty Index, in India 97 million people are living in extreme poverty. According to its classification, “extreme poverty” means individuals who are without income, home, health, or food twice a day. Additionally, people who are bedridden, those who have no facilities to make and eat food, and those who have debts due to health ailments come under this category.
According to UNICEF, less than 50 per cent of the population of India has access to safely managed drinking water. In Pakistan, according to the World Bank, in 2018 46.5 million people—21.9% of the population—lived under the national poverty line. According to WaterAid Pakistan, 21.7 million people do not have clean water; that is one in 10 people. This is only the tip of the iceberg. If you look at other strands of poverty, including health, education, the environment and other areas in these two countries, the situation is alarming.
Yet India’s defence budget for 2022-23 has increased by 9.8% to $70.6 billion, while Pakistan has announced a defence budget of $7.5 billion, a 12% increase on last year. These massive disparities between the levels of poverty facing such a large number of the population of these two countries and their incredible defence spending shows the sense of insecurity and the fragile peace between these nuclear neighbours, who have been at war with each other at least three times, with continued sporadic border skirmishes. Any accident or mistake could trigger an all-out war, with devastating consequences not only for the region but for the world at large.
The main dispute between India and Pakistan is the issue of Jammu and Kashmir, a region that is divided between India and Pakistan and which is waiting for the implementation of the UN resolutions of 1948, 1949 and many subsequent ones to decide its future.
The development of these two countries is held hostage by the continued violence and warlike situation between the two countries over Kashmir. If this was resolved, it would bring an end to the continued suffering not only of the Kashmiri people but of the 1.5 billion people of India and Pakistan. The extravagant amount of money spent on defence could be better utilised for the benefit of the poor people of these countries.
Over the years, many rounds of bilateral talks between India and Pakistan have failed to resolve this issue, and it is unlikely that they will succeed without third-party mediation. Since Commonwealth member states are committed to the development of “free and democratic societies” and the
“promotion of peace and prosperity to improve the lives of all the people of the Commonwealth”,
I am mindful that the Commonwealth has a role to bring peace in the Indian subcontinent. Britain, as the head of the Commonwealth, is best placed to help in the mediation for a long-lasting peace that would benefit the 1.5 billion people of India and Pakistan and resolve one of the oldest disputes in the history of the United Nations.
With that background, I ask the Minister: what steps are Her Majesty’s Government prepared to take to bring India and Pakistan to a negotiating table and help to resolve the Kashmir issue in a way that is acceptable to India, Pakistan and the people of Jammu and Kashmir?
Lord McDonald of Salford (CB)
My Lords, I congratulate the Minister on stewarding—on behalf of two Prime Ministers—the duties of chair-in-office of the Commonwealth, culminating in a smooth handover to Rwanda. It is a rare achievement for a Foreign Office Minister to participate at successive CHOGMs, and unprecedented for a Minister to be present at two such meetings when they are over four years apart. My remarks focus on three things: identity, agenda and the realms.
First, at last week’s CHOGM, the Commonwealth admitted its 55th and 56th member states: Gabon and Togo. I have the impression that the news excited more interest in Paris and Brussels than in London. Continental observers appreciated that two new members, both part of la Francophonie, were proof of the vibrancy of the Commonwealth. New members necessarily flex to the club they are joining, their presence enriching but not fundamentally altering the organisation, so French-speaking new members must not change the Commonwealth as an exclusively English-speaking organisation. Its meetings are productive because everyone speaks the same language, unhindered by the barrier of interpretation. Enlargement must not change that.
Secondly, in recent years, the Commonwealth’s agenda has expanded, even effloresced. The final communiqué at Kigali ran to 117 paragraphs over 22 closely typed pages. I remind your Lordships that history suggests that the impact of a summit communiqué is in inverse proportion to its length. In the run-up to CHOGM in Samoa, I urge the Minister to help the Commonwealth Secretariat to prioritise.
Thirdly, and perhaps most urgent, is the future of the 14 overseas realms within the Commonwealth. Last week in Kigali, the Prince of Wales said,
“each member’s Constitutional arrangement, as Republic or Monarchy, is purely a matter for each member country to decide”—
clear, selfless, and as much as he could say. This leaves the Royal Family in an invidious position. Having said repeatedly that they will serve for as long as their service is welcome, a change in constitutional arrangements might look like a rejection of the Royal Family. Yet they cannot express understanding, still less support, for a change without looking reluctant to serve.
Her Majesty’s Government can help. First, the Government can explicitly acknowledge the case for change; constitutional arrangements which were agreed in the rush of decolonisation are now out of kilter with the times. It is impossible for us Britons to argue with the sentiment of an Australian republican campaign poster which said, “We want a Head Of State who is entitled to an Australian passport”. Increasingly, the realms want a Head of State who lives among them, and who is able to represent them and only them on the international stage. They want one of their own to occupy the pinnacle position in their country. Secondly, Her Majesty’s Government can state explicitly that a change in constitutional arrangements would have no negative impact on the bilateral relationship of the United Kingdom with any realm that becomes a republic.
Thirdly, the Government can make the Commonwealth the framework for future relations with realms that change their status. India was the forerunner. In 1950, India became a republic and remained a member of the Commonwealth. In many ways, that transition was the founding act of the modern Commonwealth. As the Prince of Wales also said in Kigali:
“arrangements such as these can change, calmly and without rancour.”
Since Her Majesty became Queen, 18 realms have become republics, the latest being Barbados last year. Debate is hotting up in the remaining realms. Logically, the accession of a new monarch would be a moment for them to take stock. On the first day of this month, Matt Thistlethwaite was sworn in as Assistant Minister for the Republic in Australia. The direction of travel is clear.
It is vital that any change be consensual and harmonious. It would be monstrously unfair for change in multiple realms to be presented as a stampede for the exit or a personal rebuke to the new monarch. In many ways, change is overdue. The unique arrangement of having a Head of State residing thousands of miles away in a separate sovereign country persists primarily out of respect and affection for the Queen. I conclude that Her Majesty’s Government can de-dramatise the impending and, I would say, inevitable change by joining the conversation already begun and stressing the importance of the Commonwealth as the vibrant, indeed irreplaceable, framework for the future.
The Lord Bishop of Southwark
My Lords, I too am grateful to the noble Lord, Lord Howell of Guildford, for securing this timely debate. There is a tension throughout the history of the Commonwealth in its structure between cohesion and comprehension; between the fullest capacity to relate, and demands of function and utility. When the Imperial Conference of 1926 adopted the London declaration that the United Kingdom and dominions were
“autonomous Communities within the British Empire, equal in status, in no way subordinate one to another in any aspect of their domestic or external affairs”—
comments which I think still resonate in terms of the last speech—the competing argument of imperial federation was in terminal retreat.
Since then, despite the closest bonds in war, despite the Ottawa agreements on trade, and despite the sterling area, the pressure in the Commonwealth has remained relentlessly centrifugal: legislative independence under the Statute of Westminster, the arrangement of the London declaration in 1949, the readmission of republics and the strategic decision of the UK to align itself with both the European Community and the United States. A vigorous UK foreign policy in the 1980s conflicted with much of the rest of the Commonwealth and tested the partnership to its limits. Yet, and notwithstanding the very significant questions about the legacy of Empire asked by the noble Lord, Lord Parekh, the Commonwealth endures and flourishes. Why should this be?
One feature, I believe, is Her Majesty the Queen, who now in the 71st year of her reign is still holding true to the pledge she made on her 21st birthday in Cape Town in 1947. One part of the speech tends to be quoted, but in another the Princess Elizabeth assured us:
“If we all go forward together with an unwavering faith, a high courage, and a quiet heart, we shall be able to make of this ancient commonwealth, which we all love so dearly, an even grander thing—more free, more prosperous, more happy and a more powerful influence for good in the world—than it has been in the greatest days of our forefathers.”
She said this on the cusp of momentous change, both in her own life, and in the life of this country and the Commonwealth itself. None the less, as Head of the Commonwealth, the Queen has lived out what she commended to us. All of us, I suspect, have coins about us, and those coins bear one of the royal titles: “F.D.”—Defender of the Faith.
Increasingly, commentators down the years have noted the Queen’s personal commitment to the Christian faith. It is also true that she has never lost faith in the Commonwealth and never wavered in her outward support or active engagement, even when the subject became controversial. Indeed, her steadfast belief has been key to the survival and development of the partnership. What others have identified as a key weakness—its absence of a power structure and capacity to project influence—allows it to focus on relationships, providing a non-threatening forum for smaller states to engage with larger ones on an equal footing. Hence its expanding number, with applications from beyond the former territories of the British Empire. What is inconceivable to the authors of journal articles on international relations and practitioners of realpolitik is seemingly all too evident to the leaders of Mozambique, Cameroon, Rwanda, Gabon and Togo.
There are two causes for optimism going forward. One is the flexible nature of the Commonwealth, which allows it to survive without threatening its members, especially the smaller ones. This is particularly valuable in the arena of co-operation necessary to meet global and individual state targets to tackle global warming. Such flexibility will enable the Commonwealth to develop rather than atrophy. Secondly, His Royal Highness the Prince of Wales will bring his own particular quality of commitment and service to succeed that of the Queen when he, in due course, becomes Head of the Commonwealth—a decision agreed at the 2018 London Commonwealth Heads of Government Meeting; it was not automatic.
Two further things are necessary. One is to nourish the Commonwealth organisations that facilitate relationships and outcomes at an entirely different level, from the Commonwealth Association of Tax Administrators to the Association of Commonwealth Universities and the Commonwealth Magistrates’ and Judges’ Association. Secondly, we should increase rather than decrease our support through the Foreign Office and Diplomatic Service for our international relations at this time. The threat of cuts to the Civil Service will, I hope, be prevented in the Foreign Office.
I hope that, going forward, Her Majesty’s Government will give powerful and tangible evidence of their engagement with member states of the Commonwealth, and that the depth of our commitment will match the warmth of our words.
Lord Goodlad (Con)
My Lords, I too congratulate my noble friend Lord Howell on securing this debate and on his wise, perceptive remarks. He has personally made a distinguished contribution to the Commonwealth in various capacities. I also pay tribute to my noble friend Lord Marland’s work for the Commonwealth Business Council, whose activities have burgeoned under his leadership; I look forward to his speech. It is a great privilege to follow the wise words of the right reverend Prelate the Bishop of Southwark.
The Government’s recent UK Commonwealth Chair-In-Office Report tells an impressive story and is a comprehensive rebuttal of the case of those who say that the Commonwealth is an amorphous anachronism doomed to atrophy. The British Government’s role in supporting Commonwealth work in global health security, most recently during the pandemic, has been vital—especially in delivering vaccine doses, where there is still much more work to be done. In addition to allocating core funding for the secretariat, the Commonwealth Youth Programme, the Commonwealth Fund for Technical Co-operation, the Commonwealth Foundation and the Commonwealth of Learning, the Government have supported 32 other projects, from good governance and parliamentary accountability to countering violent extremism. Some may say that future government support for the secretariat should be accompanied by even more persuasive advice in the future than there has been in the past; I could not possibly comment.
Important progress has been made in many areas. Commitment to human rights and the rule of law was marked by the delivery of the first Commonwealth statement in the United Nations Human Rights Council. Trade barriers have continued to be lowered, an area where further progress can and should be made. The Commonwealth Climate Finance Access Hub gives vital support to some of the most climatically vulnerable countries in the world, again with essential British financial support.
The examples of British government support are legion but, as my noble friend Lord Howell rightly pointed out in the debate in your Lordships’ House last July, the binding ties of a voluntary non-treaty global organisation such as the Commonwealth rely less on Governments than on links between businesses, non-governmental organisations, the professions, educational and scientific institutions and in sport, culture and the arts. That remains the reality.
The Commonwealth’s priorities—economic development, global health, security, human rights, good governance, the rule of law, an international rules-based system, climate change and protection of the environment, and a more secure world—will all continue to need the contribution of Governments, including our own, and non-government participants. The Commonwealth is well endowed with all such participants and has demonstrated clearly the collective will to drive those priorities forward. It has much to be proud of. It also has formidable challenges ahead. I hope and believe that we shall meet those challenges.
I look forward to hearing from my noble and learned friend the Minister, to whom the Commonwealth is greatly indebted, as the noble Lord, Lord McDonald, has said, for his work over the last few years, as indeed is your Lordships’ House.
Lord Bilimoria (CB)
My Lords, the Commonwealth Heads of Government Meeting in 2022 was postponed and postponed, and finally took place in Kigali, Rwanda, from 20 June to 25 June. The Commonwealth is a free association of sovereign states. It is a development of free and democratic societies, a promoter of peace and prosperity to improve the lives of all people in the Commonwealth. There are now 56 countries in the Commonwealth; it has a population of 2.5 billion, of which India, one country, makes up 1.4 billion. More than 60% of the combined populations of the member states are 29 or under, so it is a young Commonwealth.
Its combined GDP is $13 trillion, estimated to rise to almost $20 trillion by 2027. Her Majesty the Queen is Head of the Commonwealth. Even if all the remaining countries became republics, I would have no concerns whatever. They would continue to be members of the Commonwealth, just as India has.
The theme of the 2018 CHOGM was “Towards a Common Future”. I thank the noble Lord, Lord Howell, who has been a great champion of the Commonwealth. In a debate on UK Commonwealth trade, he summed it up beautifully, saying that
“in the age of networking and digital connectivity, the binding ties of a voluntary”—
“voluntary” being the key word—
“non-treaty, global organisation such as the Commonwealth are sealed as much by enterprise and trade, civil society concerns and common everyday life and work interests as through government channels”.
He talked about its vibrancy and brought it alive as never before, as
“the nexus of non-governmental organisations, professions, business interests, education at all levels, science, law and hundreds of informal links, not to mention sports connections and the enormous and expanding range of arts and cultural links of every kind, that are increasingly at the core of the Commonwealth.”—[Official Report, 8/7/21; cols. 1456-57.]
It was absolutely brilliant.
Talking of sport, I am the proud chancellor of the University of Birmingham. We are hosting the Commonwealth Games in Birmingham in July and August this year, and the university will play a role like never before. At the heart of the Games, the athletes’ village is on our campus, as are squash and hockey. We sponsored the baton relay that went around 76 countries and territories of the Commonwealth, and a non-Commonwealth country; it went to Dubai in the UAE, where I was present for the opening of our new campus—the first Russell group university to open in Dubai. Birmingham is, of course, a vibrant, relatively young city. It will bring out the best of global Britain and showcase the region’s strengths, and I am really looking forward to a fantastic Games.
Her Majesty’s role is championing the Commonwealth and its people. It has been agreed that His Royal Highness the Prince of Wales will continue this role in the future. This year is special for the Commonwealth Games because they happen in the year of Her Majesty’s Platinum Jubilee. What a great celebration we have had.
Global health and security have been at the heart of the Commonwealth, particularly at this time. What better example of cross-border collaboration in the Commonwealth is there than the Oxford/AstraZeneca vaccine, developed by Oxford and AstraZeneca headquartered in Cambridge, in conjunction with the Serum Institute of India—the largest vaccine manufacturer in the world, even before the pandemic—based in India? That is a Commonwealth project. Two billion doses have been produced by the Serum Institute of India.
We have British International Investment, BII, previously known as CDC, mobilising up to £8 billion. The UK is increasingly the headquarters of green finance for the world. Once again, the Commonwealth is at the heart of it. Also, the more digital we get as a world, the more vulnerable we get, and we have agreed to the Commonwealth Cyber Declaration.
CHOGM 2022 was about delivering a common future: connecting, innovating, transforming, protecting natural resources and increasing trade. Sir Partha Dasgupta’s report, The Economics of Biodiversity, from the University of Cambridge, is a must-read, applying to the whole world as well as to the Commonwealth. It describes nature as our most precious asset.
How wonderful it is that the position of one of our own, the noble and learned Baroness, Lady Scotland, as Secretary-General of the Commonwealth has been renewed for a second term.
Right in the middle of this period, a free trade agreement is being negotiated with India. I request an update from the Minister on how well it is progressing. As a former president of the CBI, I have been at the heart of these negotiations. There is huge potential with that free trade agreement. I took an active part in the Australia and New Zealand free trade agreements with the UK, and I believe the India one should be as comprehensive as possible, as well as hopefully being completed by the end of this year.
The reality is that in total the Commonwealth accounts for only 9% of the UK’s trade. Trade with five Commonwealth countries—Australia, Canada, India, Singapore and South Africa—accounts for over 70% of this. So the potential to increase trade between Commonwealth countries is absolutely phenomenal. We are just scratching the surface and we need to continue to press for increased trade between Commonwealth countries. It is an open goal. With 20 of the global emerging cities in the Commonwealth, next month we will publish the Oxford healthy cities commission, of which I am a commissioner. Again, that can help in a big way. I am a great fan of the Commonwealth, which has huge untapped potential.
The Lord Bishop of Guildford
My Lords, this summer sees the coming together of three significant international gatherings, following the restrictions of the pandemic years. One of them was the Commonwealth Heads of Government Meeting in Rwanda last week—some of the background to this debate. Another is the International Ministerial Conference on Freedom of Religion or Belief next week in London. A third is the Lambeth Conference, bringing together bishops from all but three of the 38 provinces of the Anglican Communion, which starts in late July. In each case, the leadership of these significant meetings is being provided from within these shores.
There are many parallels between the Commonwealth and the Anglican Communion, which is unsurprising, given our shared history. Both draw together autonomous units of nations and provinces. Both are held together by what the Prime Minister described last week as the
“invisible thread of shared values, history and friendship”
and what the Anglican Communion describes as our “bonds of affection”. Both have inevitable stresses and strains. Both need to work hard at developing a sense of mutual interdependence, not least because of the complexities of this nation’s imperialistic past—so graphically portrayed by the noble Lord, Lord Parekh—and the huge financial disparities between the members of each body. In particular, we in the UK need to recognise that although western secular values have a great deal to commend them, other nations can look on in horror on occasions at our individualism, materialism and religious indifference, and the breakdown of our family and community life.
One of those western secular values to which I am sure everyone in this House is committed is the theme of the meeting next week and will play a major part in the Lambeth Conference too. That is the human right not to be discriminated against, let alone persecuted, on the grounds of religion or belief. I have a particular interest in this subject, both historically and in the present, not least because we in the diocese of Guildford are twinned with Anglican dioceses in Pakistan and Nigeria—Commonwealth countries that come seventh and eighth respectively in an annual register of the nations in which it is most dangerous to be a Christian.
The other Commonwealth nation that appears in the top 10 is India, which reminds us that even functioning democracies can move in a sharply negative direction over a short period if religious intolerance, combined with a strongly nationalistic agenda, is really given its head. In India especially, that intolerance extends to Muslims and those of other faith traditions, although statistically it is Christians who bear considerably the greatest weight of religious intolerance around the globe.
The three regimes, of course, are very different. In Pakistan, a beautiful country I was privileged to visit in 2019, there is systemic discrimination against Christians and other minorities when it comes to further education and the availability of quality jobs, as well as a periodic misuse of the blasphemy laws and the all-too-regular shooting or lynching of Christians and others, especially those accused of converting from Islam. In Nigeria, where I am travelling in November, there are almost daily attacks by Fulani tribesmen on Christians in the middle belt—which sometimes, it should be acknowledged, provoke a measure of retaliation—along with the continuing problems with Boko Haram in the north, which are clearly religiously motivated, despite protestations to the contrary. The president of the Nigerian national humanist society has also just been given a 24-year prison sentence, off the back of alleged slurs against Islam.
In India, which I visited in 2017, both Christians and Muslims are suffering from incendiary rhetoric from some members of the ruling BJP, resulting in often violent and well-targeted attacks on Christians and other minorities and a plethora of anti-conversion laws, which ostensibly prohibit forced conversions but can all too easily be abused.
Here is where the Prime Minister and the British Government possibly missed a trick when it came to the first of those conferences. They rightly highlighted shared concerns, such as global warming and educational discrimination against women and girls—as we will also do at the Lambeth Conference—and addressed issues of food security in the wake of the war in Ukraine, but the issue of freedom of religion and belief seems hardly to have featured in those conversations, despite its terrifying and growing prevalence in the three Commonwealth nations with the largest populations of them all.
Persecution is persecution, whatever its cause, but with the sheer numbers involved there is no question but that persecution on the grounds of religion or belief is uniquely widespread and deadly. While I am delighted that we will be hosting the global conference on that theme next week, and I applaud the seriousness with which this is treated in this House and the other place, I also believe we need a joined-up approach that brings this to the fore in all our discussions with our Commonwealth and trading partners, so as to create a better and fairer world for all.
Lord Marland (Con)
My Lords, I am extremely grateful to my noble friend Lord Howell for his kind and generous remarks, as I am to my noble friend Lord Goodlad. I agree with every single word my noble friend Lord Howell said, with one exception: Kigali was not about Heads of Government; it was about a business forum, which I was privileged to chair, a youth forum and a women’s forum. They were very vibrant events.
The business forum is an extraordinary event. Where else, apart perhaps from Davos, can you attract 1,700 businesses from 60 countries, 20 Heads of State, the president of the World Bank, the president of FIFA even and the secretary-general of the World Health Organization? It was an incredibly vibrant event, probably because there was pent-up tension after four years of us sitting with Covid and not meeting each other face to face, but also because it was in Africa. The Commonwealth had not been to an event like this in Africa for well over 10 years and it was a terrific credit to our hosts, the Rwandan Government, that it was such a resounding success.
Rwanda has proven to be a country of formidable leadership. It was safe, secure and clean and has a fast-growing economy lifting its people out of poverty. The statistics for trade in the Commonwealth and business are well known. It is 20% more competitive doing intra-Commonwealth trade because of common law, a common language and common trade agreements, and therefore the British Government should be well set to take benefit from it, but I am afraid to say that they have been asleep on their watch. They have inevitably been encumbered by the post-Brexit situation and subsequently Covid, but they have not taken full advantage of their last four years as chair in office.
That manifested itself in the unfortunate circumstances surrounding the extension of the Secretary-General’s contract where the UK led a campaign to change the Secretary-General, but it failed. The task ahead for the UK Government is to repair those bridges and play catch up. There are signs—I thank the Minister, who has been a stalwart supporter, and the noble Lord, Lord McDonald, who kept us afloat while we needed it by sending provisions down, and I am very grateful to them both—but the opportunity has been missed and we must now turbocharge the relationship.
We must ensure that the Commonwealth takes advantage of the showcases that are available. One of them, as the noble Lord, Lord Bilimoria, said, is the Commonwealth Games. Where I say there are signs of it happening, I am co-chairing with the Department for International Trade a business forum at that event which will involve the noble Lord’s university.
It is important that the UK now starts to prioritise the Commonwealth. It is not an alternative to the European Union, but it is a vast and available market. There are other problems ahead for the Commonwealth because Samoa is the chair in office designate. It will be a difficult place for people to visit—it is a long way from anywhere—but it that in itself is an opportunity. With the Chinese invasion of the Pacific, raised by my noble friend Lord Howell, Samoa could be a pivotal place for the UK and other Commonwealth countries to establish the power of democracy.
The second opportunity that presents itself is Sri Lanka, a country which is now on its knees with financial difficulties. It has sought succour from China for its investment. It gives western democratic countries, led by the United Kingdom and the Commonwealth, an opportunity to support it and help it reinvigorate its economy.
Finally, there has never been any mention of empire, as the noble Lord, Lord Parekh, suggested—there was not for the three or five days in Kigali, I am happy to say. I am happy to say that His Royal Highness the Prince of Wales arrived in triumph and left in triumph. That is one of the great advantages this country has, as well as the Minister who has carried out an excellent job on behalf of the Commonwealth for all these years.
Baroness D’Souza (CB)
My Lords, the Commonwealth and its various associated organisations may sometimes be perceived as belonging to a colonial era. Its work goes largely unnoticed until CHOGM comes round every two years—then we have the usual debate about its relevance and effectiveness. The large umbrella of the Commonwealth Secretariat, with all its internal and external politics, tends to overshadow the work done by myriad Commonwealth network organisations. I have had close associations with many of them throughout my career: Commonwealth associations of lawyers and media practitioners, Speakers associations and, most of all, the Commonwealth Parliamentary Association. The constant theme of these groups, so evident at their meetings, is friendship, understanding and an eagerness to share good practice and uphold government accountability.
I do not think that any of us should minimise the value of getting together and sharing views. We live in a world where, increasingly, electronic communication is king, but sitting around a table with our Commonwealth colleagues or together in working groups as well as the grander occasions of major conferences, with all the opportunities for bilateral exchange, is invaluable. For example, while a member state may have publicly expressed anger about a particular instance, such as the showing of a TV programme in the UK which has offended that state, subsequent meetings between parliamentarians continue as before, often without even mentioning the so-called offensive incident. The Commonwealth in all its dealing emphasises that there are official views and personal links, and that these do not necessarily have to coincide. This is a vital component of soft power.
As we all know, there are global and pressing issues at the moment that require a concerted approach. These now include food availability and distribution, economic recession, climate change, security and slavery. An organisation of 56 member states is a good place to begin the dialogue that will provide the basis for global agreements and action.
Despite the potential and actual advantages of the Commonwealth network, it is itself under severe strain, both economic and political. Like all mulitilateral bodies, it faces change and renewal. In which direction should it go, where can it be most effective and what kind of changes might be undertaken in the immediate future? By way of answer, I would like to refer to the work undertaken by the CPA.
A gradual change of emphasis championed by the Commonwealth Parliamentary Association towards more practical workshops, the prioritisation of women parliamentarians at all levels and modern slavery has resulted in tangible changes. I have participated in small workshops examining government accountability through the CPA programme on Public Accounts Committees. Almost all Commonwealth countries have such committees, but their effectiveness varies. What has become abundantly clear is how much our colleagues welcome such practical sessions where there can be learning from and between many different systems. The CPA has now produced an online course fashioned from lessons learned during these workshops. Similarly, the mechanisms to protect and promote women whether against violence, online abuse and/or slavery, and towards parliamentary involvement, are widely welcomed.
It is these smaller, less highly publicised networks that constantly meet and deliberate on how better to implement the Commonwealth charter on the democratic process, that should be fostered. The funds needed for these programmes are minimal in comparison to those of the umbrella Secretariat and the outcomes are impressive. Perhaps the essential changes should lie in the direction of increasing the work of these networks with the attendant opportunities for exchange, fostering friendships, sharing practical methodology, monitoring elections and providing guidelines for government policy and action. Inevitably, there is internal wrangling within each member state and sometimes between states, but the undercurrent of fellowship between members of the Commonwealth is sustained by the work of the networks as a whole, and this quietly provides the continuity that is the essence of the Commonwealth.
Baroness Helic (Con)
My Lords, I thank my noble friend Lord Howell for bringing this debate forward, and for his lifelong dedication to the work of the Commonwealth. Before going to Kigali, the Prime Minister set out, in an article for the Telegraph, how the invisible thread of shared values, history, institutions, and language that binds the Commonwealth creates a trading advantage. As a network of countries and of civil society built around the shared values of the Commonwealth charter—democracy, human rights, tolerance and the rule of law among them—the Commonwealth also has the potential to be one of our greatest tools in facing the key challenges of the 21st century.
As last year’s integrated review recognised, we are in an age of systemic competition. Authoritarian states seek to extend their influence and to challenge the international rules and norms that underpin our security and prosperity. The Commonwealth can be a bulwark against this. I welcome the Foreign Secretary’s vision of the Commonwealth as a counterweight to authoritarian regimes but, as our values come under greater pressure, we cannot be complacent.
My noble friend Lord Howell rightly pointed out that the influence from China extends through the Commonwealth. Many Commonwealth members are part of China’s belt and road initiative. Beijing has even gone as far as cultivating ties with Commonwealth country’s armed forces. Can my noble friend tell the House what discussions he and other members of the UK delegation had in Kigali about countering this influence from China, and what practical steps the Commonwealth can take to limit this?
Winning a systemic competition requires us to prove that our system is better. We need to show what we know to be true: democracy, human rights and the rule of law give us a competitive advantage. In order to show this, we need to be faithful to those values. The Kigali communiqué states:
“Heads renewed their commitment to the Commonwealth’s fundamental … values of democracy … They further reiterated their commitment to human rights and fundamental freedoms”.
But, in too many countries, human rights are being rolled back. In Freedom House’s annual ranking, 23 Commonwealth members were found to be not free or only partially free.
The Commonwealth’s largest member is often billed as the largest democracy in the world, but I fear it is increasingly at risk of losing that title. It is deeply concerning that Prime Minister Modi’s India is becoming less tolerant, more autocratic and less safe for millions of its own population, including minorities—Christians, Muslims, et cetera. NGOs have faced restrictions. Human rights advocates, such as Aakar Patel, the chair of Amnesty International’s India board, have been subject to travel bans. The Editors Guild of India is calling for the immediate release of Mohammed Zubair, the co-founder of a fact-checking site who has been at the forefront of countering fake news and disinformation, and who was arrested earlier this week. He joins other journalists and human rights defenders, including Khurram Parvez, the chair of the Asian Federation Against Involuntary Disappearances and a leading campaigner against human rights violations in Kashmir.
The communiqué from Rwanda tells us that
“Heads stressed the importance of … freedom of expression”—
yet they stand by as the free press faces attack in the Commonwealth’s largest member. I know that my noble friend the Minister takes this issue seriously and that the British high commission in India is supporting interfaith work, but can he confirm whether the Prime Minister discussed freedom of religion and human rights with Mr Modi in India in April or in Kigali last week?
For many in the United Kingdom, CHOGM was unfortunately overshadowed by the Government’s new refugee offshoring policy. Rwanda is a good example of the grey areas of foreign policy: it is at once a symbol of huge achievement, recovering from genocide, but also a country with an alarming human rights record of political repression, kidnappings and assassinations. Debating the provisions for refugees in Rwanda under the offshoring scheme is a distraction from the more fundamental point: shipping asylum seekers elsewhere fundamentally neglects our responsibilities and duties, which we signed up to and which were not imposed on us.
There is substantial evidence to suggest that the offshoring scheme will be expensive, inefficient and ineffective. It breaches our international legal obligations. The UN Refugee Agency has stated that the Rwanda plan is
“inconsistent with global solidarity and responsibility-sharing”
and
“does not meet the requirements necessary to be considered a lawful and appropriate … arrangement.”
Shared burdens and respect for international law are surely the epitome of Commonwealth values—yet, with the Rwanda plan, we have somehow set them aside.
Sometimes, we seem to think that we can urge others to improve their record on the rule of law, human rights and democracy without respecting and protecting these values ourselves. Underpinning warm words about shared values are real rights and freedoms, which intimately affect the lives of the Commonwealth’s 2.5 billion people. If we are serious about the Commonwealth as a bulwark against authoritarianism and a promoter of human rights, democracy and the rule of law—the values that make it successful—we need to strengthen those rights at home and strongly argue for them abroad.
Baroness Flather (CB)
My Lords, I hope that your Lordships have noticed how much of the Commonwealth is represented in your Lordships’ House today. It shows that we are interested in knowing what is happening to the Commonwealth, as much as we want to share.
One of the things which I feel were done incorrectly was line-drawing on a map. People were not consulted on whether they would like to be with each other, and some of the countries have had problems as a result, not to mention India and Pakistan. In India, we did not have the line of separation until a month before it came into force. We were very close to the line, so my family was very anxious, because they wanted to know where they were going to live. In the end, we were refugees in Delhi. We were not against an old building but we were still refugees, because my father left everything he owned behind.
My main feeling about the Commonwealth is that its members have not learned to understand one another, because until you do that, you do not do things together. When I first went to one of its meetings some years ago, the French-speaking and the English-speaking members had very few ways of communicating with one another. I hope that that has gone, but it is an example of how things can go wrong without meaning to go wrong. If there are two tribes who do not like each other, you do not want to put them in one country. I do not think that any research of that kind was done before the lines were drawn on the map. It is one of the weaknesses of the Commonwealth that I am not sure that everybody likes everybody else who lives next door to them.
As for India and Pakistan, first of all, it was going to be Muslim countries together and Hindus separate. Kashmir is a Muslim region, and it should definitely have gone to Pakistan; it has no business to be given to India, but it was not given to India either—it does not belong to anybody except itself. There is no end of problems with it, and they will not be resolved unless some definite action is taken. The UN said that we could have a plebiscite. We should have one. That would resolve the question of who it wants to be with. That is not for me to resolve, because I have no power to do anything. If I did, I would say, “Have a plebiscite.” The other thing we could do is try to increase the trade links, which we do not—we have a lot of army links, but no trade links, and that is not very good either. It is a big mess and I do not know whether it can be resolved. People have pretended to try to resolve it, but they have not been able to. Maybe the new generation, such as the noble Lord, Lord Ahmad, will have something to do with it and resolve something that is terrible.
A very senior Pakistani general said to me, “There’ll be no more war between India and Pakistan—a proper war—because we know we can’t win.” That is true—we are so much bigger than them—but imagine making a Pakistan whose main part was in one place and another little part, Bangladesh, was 1,500 miles away. How can a country work like that? It cannot work as a country if you have two very definite, separate bits, and it did not, so they attacked Bangladesh, which did not go down too well with India.
Anyway, here we are. That is what we are left with, so we have got to make the best of it.
The Earl of Sandwich (CB)
My Lords, the House of Lords would not be the House of Lords without a debate on the Commonwealth, and perhaps vice versa: the Commonwealth seems to need people like us to restate and support its aims and objectives. It is not a very visible organisation; it does not set out to proclaim its importance. In fact, the media are not kind to it: I had high hopes of reading a report in the FT, but I still cannot find one. My noble friend Lord McDonald has explained why the communiqué has taken so long. However, this debate has more than compensated for that.
Having heard and learned from the noble Lord, Lord Howell, on various occasions, I do not personally need any more convincing of the value of the Commonwealth. He rightly refers to connectivity and informality, and I understand the arguments put forward by my noble friend Lady D’Souza about soft power and quiet diplomacy, but surely the Commonwealth could sharpen up its act a little and explain to the world what it is about?
We have heard a lot about the Commonwealth’s successes, but the principal success story is quite clear: the contribution of Her Majesty the Queen. Her role has been properly recognised through the Jubilee and, above all, from her own remarkable performance as an individual as well as a monarch. Where would the Commonwealth be without her? I therefore personally expect, and indeed look forward to, a more piano contribution from the UK in future. It was an enterprise started by this country—as the noble Lord, Lord Parekh, reminded us—but I see no reason why the UK should not retire a little more from the stage and encourage others to come forward. I am sure that the reappointment of the secretary-general will assist in that process. Prince Charles himself set the tone when a new Head of State replaced the Queen in Barbados last November; he said it was “a new beginning” and acknowledged the appalling atrocity of slavery. Anti-racism and decolonisation are rightly going to be continuing themes.
I also agree with the noble Baroness, Lady Helic, that we must see more effort from the Commonwealth on human rights and governance. This is the Minister’s proper area of responsibility, so could we do more about this? Will quiet bilateral diplomacy or a new trade agreement ever be enough, for example, to change Prime Minister Modi’s discrimination against minorities and the media in India? The right reverend Prelate the Bishop of Guildford has spoken on Pakistan in this respect.
Human Rights and Democracy, the FCDO report published in July 2020, contains some powerful statements of hope, some by the Minister himself in his foreword, which I recently reread. There is a comprehensive list of priority countries, including, I am glad to say, the two Sudans, where the FCDO remains active. I asked the Minister earlier this week whether any African member states were backtracking on issues such as abortion and gay rights, and he replied that
“one important thing about networks such as the Commonwealth is that they allow us to look at a broad range of human rights issues in a progressive and productive way.”—[Official Report, 28/6/22; col. 577.]
Fair enough—not a direct answer, but a very positive one.
Climate change and oceans are issues already pursued by the Commonwealth, but smaller member countries and islands need to take up climate change more aggressively. This is not so much for themselves, since their carbon footprint is in most cases minimal; but for some, climate change is an urgent question, and they need to persuade we larger gas-guzzling nations to take more action in prevention and mitigation. We will have to help pay for this. Australia’s new Prime Minister, as my friend the noble Lord, Lord Goodlad, knows better than any of us, will be bound to help in that operation.
Under Paul Kagame, Rwanda has made great strides since the terrible 1994 massacres, but few are under the illusion that his Government are now squeaky clean; opposition leaders are imprisoned and branded as terrorists. The most prominent case is that of Paul Rusesabagina, who was sentenced to 25 years. Can the Minister say whether the Commonwealth or the FCDO have done anything for him or for human rights in Rwanda? He will already know that 24 human rights agencies have written to Commonwealth leaders asking them to speak up on this issue.
I end with a quotation from a friend who attended CHOGM, who said, “It was wonderful to see African countries taking the lead in Kigali, not least Rwanda but also the new members of Gabon and Togo. The success of the Commonwealth in moving beyond its roots in former colonies depends on the secretariat and its most powerful member counties carefully listening to all members, big and small, and allowing its newer and smaller members to take the lead in equal partnership, not on driving the interests of a few.”
Lord Desai (Non-Afl)
My Lords, let me concentrate on the problems and not the virtues of the Commonwealth because I have only five minutes. First, as was said by the noble Lord, Lord McDonald, and others, there was a great constitutional change when India became part of the Commonwealth, as a republic could continue to be part of the Commonwealth which, after all, is an association of the former colonies of the United Kingdom. That was very welcome. Now, any country which was formerly a part of the British Empire could become a republic and still be a member of the Commonwealth. That is very straightforward.
Secondly, the fact that CHOGM took place in Kigali gives notice that there are non-British Empire countries that want to join the Commonwealth. That is a very welcome sign and a very good thing, because the Commonwealth is one of the few associations, apart from the United Nations, which straddles all five continents. But, at the same time, there is a difficulty: whether the traditions of the British Commonwealth, which have been talked about quite a lot this afternoon, will continue to be adopted by people who are not formerly from the British Commonwealth. We shall see.
Her Majesty the Queen, as many people have said, has been a very strong influence in maintaining the Commonwealth. Her reign of 70 years has more or less corresponded with the new Commonwealth. The problem is—and we have not actually talked about it—that the decision made in 2018, at her request, that Prince Charles continue to be the Head of the Commonwealth after she has gone was a mistake. I am sorry, but I have to say that that restricts the future of the Commonwealth. It would have been better had the Commonwealth decided to rotate its headship among other countries besides Britain. That would have been more democratic and more egalitarian. We should not always assume that the Commonwealth has to be led by the British Head of State. Of course, people will not protest too much but when tensions grow—especially because some countries will have problems with that, or there may be differences—that will be a major point of disagreement. Why should Britain always be the head of the Commonwealth? The Commonwealth should be a truly democratic association of countries which want to be members together.
Looking at the Commonwealth, it is a miracle that it has survived for so long. It is quite astonishing that countries which were not part of the British Empire have chosen to join it. That is very interesting and I continue to contrast the Commonwealth with, say, the UN, which is a very badly organised body. It is run by an oligarchy of five permanent members, which can plead that they are totally above international law, as they have done with a veto, for example. The Commonwealth does not have that defect and has been able to expel members that violated the Harare Declaration. From that point of view, the Commonwealth has some advantages. The question is going to be, how can the Commonwealth go on maintaining that advantage? A little bit more equality among members and making the role of Britain more ordinary, like other members, rather than special and always at the top, would be a very welcome change. I do not think it will happen, but it would be good if it did.
Lord St John of Bletso (CB)
My Lords, I am grateful to the noble Lord, Lord Howell of Guildford, for introducing this topical debate following the CHOGM in Kigali last week. The noble Lord has played a pivotal role in promoting the role of the Commonwealth as well as the challenges that it faces. As my noble friend Lord Bilimoria mentioned, the Commonwealth represents 2.5 billion people, of whom 60% are under the age of 29.
At the outset, I congratulate the noble and learned Baroness, Lady Scotland, on her re-election as Commonwealth Secretary-General and express my regret that our Government chose to oppose her re-election. In her manifesto for her second term, she highlighted the need to deliver a smart, connected, digital Commonwealth that can unleash the talents of the population as well as close the Commonwealth digital gap in health, education and trade, building the digital infrastructure to boost connectivity between Commonwealth countries. It is to this that I want to devote my remarks in my short time, as well as the need to promote more education on the impact of climate change within the Commonwealth and what its members can do to mitigate it.
As technology continues to build our digital economies and value continues to move into the development of digital systems, promoting technological standardisation and regulatory harmonisation that fit the digital world is essential in enabling a collective and productive global economy, particularly among Commonwealth members. We must look at the innovators who are looking at architecting both financial systems and decentralised systems of co-ordination to unlock new value networks and optimise the very fabric of society and common nations. We are witnessing a new renaissance in how we organise people, societies, systems of government, supply chains and systems of value creation and distribution.
Compliance data networks can facilitate greater national security, reduce the cost of cross-border co-ordination and system co-ordination, and provide a platform for the Commonwealth to unite its members and citizens. I have for many years advocated and promoted digital ID, which helps vulnerable populations in the developing world to gain access to global services and provides aid and resources to assist with education and technology capabilities.
To fight crime, reduce corruption and enable more privacy, we must look to how the Commonwealth can build universal policies and digital regulations to streamline economic co-operation and growth globally. Embracing new technologies such as blockchain can assist in creating more transparency and accountability, as well as enforcement. In this regard, I warmly support the Commonwealth Connectivity Agenda to boost the digitisation of economies and potentially achieve the $2 trillion target in intra-Commonwealth trade by 2030. I join in congratulating the noble Lord, Lord Marland, on his able chairmanship of the Commonwealth Enterprise and Investment Council, as well as the business forum.
Finally, though much was achieved last year at COP 26, much more needs to be done now to follow up on the initiatives and resolutions. As the Commonwealth represents one-third of the population of the world, I hope that more initiatives can be taken to educate the youth on the impact of climate change and what can be done to mitigate it. We are sadly seeing an increasing frequency of climate change catastrophes which are invariably impacting on the poorest people in the world. Apart from education, what can be done to incentivise financial tools such as green bonds? Time precludes me from elaborating on this subject. Long live the Commonwealth. I look forward to the answers of the Minister.
Lord Purvis of Tweed (LD)
My Lords, it is a pleasure to follow the noble Lord, with the great experience on these issues, particularly in Africa, which he brings to bear in the House. I join him in congratulating the noble Lord, Lord Howell, on bringing this debate. This is not the first debate on the Commonwealth he has brought to this Chamber and I hope very much it will not be the last. It has been of interest to me that the debate has been a realistic one, not on the history alone but also, if the Commonwealth is to remain relevant, the characteristics that it will need to display to do so.
I also pay tribute to the Minister for the Commonwealth who I had the pleasure of being with in Kigali last week, as well as the noble Lord, Lord Marland, and his very able private office. The Minister is remarkable for looking fresh after having programmes outside this country which have been so hectic. I pay tribute to the hosts, Rwanda, and the amazing army of young people who were so helpful and supportive of the hosts. I will return to some elements of our relationship with Rwanda in a moment.
I am a supporter of a Commonwealth which the nations choose to be part of and where they should be equal. I agree with the noble Lord, Lord Desai, that while equality on paper is impressive, the reality is sometimes different, even in the visuals, when we look at the choreography of the pictures of those heads of state and government there. The real strength of CHOGM, as the noble Lord, Lord Marland, indicated, was the preceding fora—the business fora that he led so ably and that I was a delegate to, the women’s forum, the youth forum and the people’s forum—and the ability to allow debate about civil society with representatives from across the various family networks and a level of open discussion and debate of some of the realities, that, for example the noble Lord, Lord Parekh, who I regret to see is not in his place for the winding speeches, indicated.
When I chaired the commission for the All-Party Group on Trade out of Poverty, working with the Nigerian Trade Minister on inter-Commonwealth trade, a witness said something that has always stuck in my memory. She said that the Commonwealth has two major strengths. The first is that China is not a member and the second is that the USA is not a member. I think the ability for a network of consensus, seeing the value of a non rule-making but consensual body, shows its strength.
Of course, there are others: the noble Lord, Lord McDonald, talked about La Francophonie and interaction between the two. I do not see the Commonwealth as an English-speaking network; I see it as a network where language and other elements are a common and binding factor. It is of interest to me that very close allies of the UK, such as the UAE and Qatar, are associate members of La Francophonie, not of the Commonwealth. Ukraine has had observer status to La Francophonie since 2006. So there are multiple networks around the world, of which the Commonwealth is a very strong one but not unique in some areas.
Where, perhaps, the Commonwealth is unique is that it can bring together the most innovative places in the world, but also those with the greatest developmental challenges. It has some of the most open societies, as well as some where being gay is still a crime, capital punishment can be used arbitrarily and opposition political parties are often either banned or restricted. I agree with the noble Baroness, Lady Helic, in this regard: we have to see our relationships with our friends, but not through rose-tinted glasses.
I was a member of a small delegation from the All-Party Group for Africa visiting Kigali last week. We met an opposition member who is banned from meeting members of her own political party in public discourse in Rwanda. After our meeting with her, where we stayed there were individuals who did not identify themselves but asked for reports on our activities as British parliamentarians. We have to understand that even though we received a very warm welcome from Rwanda, Rwanda does not meet the norms that we in this country would consider to be those of a free and fair and open society.
On visits that I have made to friendly Commonwealth nations, one of which was through the aegis of the All-Party Group on the Abolition of the Death Penalty, I was told by the leaders of the Anglican community in that country that they welcomed my visit to campaign against the death penalty, but on condition that I did not campaign for LGBT rights. We have to be open and aware that the communiqué issued from CHOGM was weak in this regard. It condemned discrimination in all forms but was not able to single out where there have been the most egregious abuses.
The communiqué was also of interest to me as there was no mention of any condemnation of Russia—that was symbolic in its absence—but it is also useful to say what was in it. On a positive, women’s empowerment and gender equality, as well as moving on trafficking and forced labour, youth development and tackling some of the climate challenges are all, I think, joint priorities, and the communiqué was strong and forward-looking in those areas. I commend the Minister and the UK envoy Jo Lomas for the work that they have done in preparing that.
Our All-Party Group for Africa, with Jack Patterson so ably supporting us in that role, was able to participate in the forums, and we were able to work and discuss as equals with others from around the Commonwealth development issues, climate, trade and the common future. I agree with the noble Lord, Lord Marland: it was appropriate that many of these discussions were taking place in Africa. That continent is now seeing, for the first time in a decade, the potential for famine—famine in a near-neighbour of a Commonwealth country. The climate challenges for that continent in particular are going to be immense, and the future that will be sapped away from its young people should be our focus.
However, on trade I share the view of the noble Lord, Lord Marland: I think that the UK’s time as chair-in-office has been a missed opportunity. We had the opportunity to turbo-charge intra-Commonwealth trade and reduce trade barriers, systematically removing them. Although the communiqué has indicated that we want to see greater interconnectedness in trade agreements, it has been a frustration to me that in the agreements that the UK has negotiated and signed with Canada, Australia and New Zealand, and the EPAs, there has been no mention of intra-Commonwealth trade facilitation.
My final point is linked with the visit to Rwanda, and I will close with some reflections. It is not directly related to CHOGM, but it is my first opportunity to report to the House on a visit that I made to the Hope Guesthouse. The noble Baroness, Lady Helic, mentioned the MoU with Rwanda; I visited the centre where those individuals would have been sent. The MoU, which is not a treaty, has no legal underpinning. I visited a centre which is a private limited company, on a one-year rolling contract; has facilities which, under my examination, had no areas for those suffering trauma or for those potentially on suicide watch; is on an agreement which has not been disclosed; and where there is no limit as to who else may be put in the Hope hostels, other than those who will be coming from the UK scheme. This obviously was an area of debate and discussion among the civil society groups that were there.
I believe that this policy is a stain on the UK. That is not a criticism of Rwanda; it is a criticism of the UK Government. There are, I am afraid, so many areas, such as the UK’s slashing of overseas assistance and the immigration agreement, where, apart from ministerial diplomacy, the UK is letting down its position in the world.
Finally, if the Commonwealth is to reinvent itself and be relevant for the future, it needs to embrace more of the fora that are there, invest in our youth, and have joint and equal consensus on many of those challenges. An Indian delegate at the people’s forum said that while we share a common history, we also have common pain—but we need to find common solutions to the common problems that exist.
Lord Collins of Highbury (Lab)
My Lords, I, too, thank the noble Lord, Lord Howell, for his excellent introduction to this debate. The noble Lord is a constant factor in debates on the Commonwealth—joined, of course, by the Minister, whose record of being able to stay in office for so long is incredible. Do not get me wrong: I wish for that to continue.
As the noble Lord, Lord Bilimoria, reminded us, this CHOGM had been postponed since June 2020. I am pleased that the 26th meeting finally took place, with the fitting theme:
“Delivering a Common Future: Connecting, Innovating, Transforming.”
The fact that it was hosted in Kigali by Rwanda, the latest addition to the Commonwealth, which joined in 2009 without historic links to the UK, was a reminder that the summit is about diversity. That is what makes the Commonwealth what it is. It is the difference that unites us; that is very important.
CHOGMs present an opportunity for members to work together on shared ambitions and to consider what has been delivered since the last summit. At the London CHOGM in 2018, the UK Government announced a series of projects in support of the outcomes, later itemised in a Ministerial Statement by the Minister in January 2019. I will return to a number of those specific projects later. I suppose I am old-fashioned in this regard, but I think it is important to understand what we set out to achieve at the last meeting, and then consider what was achieved. We seem to constantly reinvent the wheel when it comes to CHOGMs. So, I hope the Minister can tell us how many of the projects announced in 2018 were implemented. Is there a reason why we did not get an update on the 2019 Ministerial Statement at the end of our period as chair-in-office?
As we have heard, the 56 nations which constitute the Commonwealth cover a population of 2.5 billion but, both within and between the constituent parts, we see massive inequality, as highlighted by the noble Lord, Lord Hussain. I am therefore pleased that the communiqué noted the 2030 agenda for sustainable development—sadly, a theme that could have been better reflected in this debate—as well as the opportunity to accelerate progress, but it was disappointing that the agreement did not state explicitly any concrete steps to realise those opportunities. Nevertheless, the discussions showed that leaders are engaging on the subject, but I hope the Minister can elaborate on what exactly was discussed on the sustainable development goals, and whether there was any serious analysis of the progress in meeting them.
Unfortunately, the Commonwealth is still off track in meeting the goals, with progress still stalling as a result of the pandemic. The 2022 Commonwealth SDG tracker shows that the countries which make up the group are lagging most with SDG 9, industry, innovation and infrastructure, and SDG 10, reduced inequalities. On the latter goal, I hope the Minister can update the house on the SheTrades Commonwealth programme, announced following CHOGM in London.
However, there is room for optimism. More progress has been made on SDG 12, responsible consumption and production. I hope the noble Lord can tell us whether the Government have made any assessment of the reason for this. Can the Minister update the House on progress on climate change and implementing the ocean protection agreements, again made at the London summit?
Overall, the tracker shows that collective progress on the SDGs slowed significantly for Commonwealth countries over the past year. Can the noble Lord give us a better indication of what steps the FCDO is taking to ensure greater progress, especially considering that the Prime Minister did not mention the SDGs or sustainability in his opening remarks at CHOGM?
I would like to move on to the question of equality and human rights, raised by many noble Lords today. The communiqué’s focus on human rights was largely intertwined with the concept of the rule of law, with the main action encouraging
“the establishment and strengthening of … Human Rights Institutions”.
It is slightly disappointing that, as part of this, there was only a brief mention of civil society, although we have heard a lot about it in today’s debate. We have heard about the events prior to the meeting—the Commonwealth Youth Forum; the Commonwealth Business Forum, mentioned by the noble Lord, Lord Marland; the Commonwealth Women’s Forum; and of course the Commonwealth People’s Forum. As is the case with all summits and international institutions, we should be cautious that the involvement of civil society is not merely a tick-box exercise. The fact that these forums were held is good, but let us see what was heard from those forums and how they were engaged.
In response to my Oral Question on Tuesday, the Minister said that
“one of the areas … pursued during”
the UK’s
“time in chair-in-office was to strengthen the voice of civil society within … the Commonwealth.”
He said that “over 10 Foreign Ministers” engaged “quite directly” with civil society at the CHOGM meeting. Perhaps he can tell us a bit more in his response what form this took. The noble Lord also asserted that the UK continued
“to fund human rights priorities, including those of LGBT rights. They were featured very prominently in the civil society discussions”.—[Official Report, 28/6/22; col.539.]
Can the noble Lord therefore tell us exactly how much of that funding has reduced between the London CHOGM and this CHOGM? I am concerned that the very groups that we have been trying to support have had their support substantially cut. The noble Lord, Lord Purvis, mentioned LGBT rights in particular, and his visit.
I was really concerned to read that, in support of the New Plan for Immigration that will fix our broken immigration system, someone who sought refuge in this country because he was gay was last night put on a plane and sent back to Nigeria, where the penalty for being homosexual is up to 14 years in jail. This individual, outed in Nigerian newspapers, has also had several death threats. It is not uncommon for lesbian and gay people to be subject to those horrific sorts of abuses.
I hope that the Minister will take my comments on board because we cannot say one thing to people then do the complete opposite. We have to be consistent, as the noble Baroness, Lady Helic, said, in support of our obligations to protect people. I hope that the Minister will take that back to his ministerial colleagues.
One thing we have heard earlier this week was the concern of the noble Baroness, Lady Anelay, which she raised in her Oral Question on the Commonwealth. Her particular concern was that since Rwanda hosted this CHOGM, it was in a host country that has failed to take further the opportunities for women and girls. Again, I hope that that will be a priority.
I welcome what the noble Lord, Lord Howell, said in relation to the reappointment of the noble and learned Baroness, Lady Scotland. It is absolutely right to provide that continuity and that there should be a successful, sensible handover of power and responsibility. However, I cannot fail to express our disappointment that the UK Government sought to undermine her position and seek her removal. I hope that we can overcome that and work together. I heard the Minister’s assurances earlier this week about how we will continue to work with the noble and learned Baroness, Lady Scotland, to ensure that the Commonwealth can focus properly on the 2030 agenda.
The Minister of State, Foreign, Commonwealth and Development Office (Lord Ahmad of Wimbledon) (Con)
My Lords, first, I join noble Lords in genuinely and sincerely thanking—I say this from the bottom of my heart—my dear noble friend Lord Howell, who has been an incredible champion of the Commonwealth and remains so. I thank him for tabling this debate in such a timely fashion as we return from Kigali. I also thank him for his dedication to the Commonwealth, including as a Minister, as the honorary president of the APPG and through the various other Commonwealth organisations that he has led with great leadership and aplomb.
From the outset, let me say that I very much welcome this important debate. I recognise the important and valuable work of all the noble Lords who contributed, strengthening not just what the Commonwealth stands for but, through this debate, its importance to a progressive, forward-looking, open United Kingdom as we strengthen our relationships across the world.
The noble Lord, Lord Collins, talked about the 2018 CHOGM. I put on record my deep thanks to the many noble Lords who mentioned my old role and longevity in office; whenever that is mentioned, I wonder—because our debates are followed—who is listening, and where and when. As a Minister, one should always practise one important attribute: keep your bags packed. That is perhaps for another moment but I am really grateful for their kind words. Equally, in expressing those words, I understand noble Lords’ dedication and devotion to the Commonwealth in this respect.
The noble Lord, Lord Collins, mentioned each deliverable. After 2018, a specific spreadsheet on every single line of the communiqué was set up. It was included in the annexes and addenda; if the noble Lord will allow me, I will share and circulate them again. This was intended exactly so that we did not lose sight of them. I also worked directly with the Rwandans over our extended period of office to ensure the very continuity mentioned by the noble Lord and others, such as the noble Lord, Lord Purvis, from one CHOGM to the next. Yes, we had a slightly extended stay as chair-in-office, but we used that time to strengthen the deliverables for Rwanda, including on some of the Covid protocols at a time when the Commonwealth Heads of Government Meeting had to be postponed.
I will come on to the issue of leadership and the Secretary-General but I assure noble Lords that, during that time, notwithstanding the different perspectives that prevailed, I always took a view based on practicalities. We worked closely with the Secretary-General and the secretariat on the delivery and handover of the chair-in-office role.
I come to a point raised by the noble Baroness, Lady Flather, whom I thank for talking of me as part of the new generation. When you reach a certain age, that is a quite welcome remark. I have said before that the issues and history of India and Pakistan, and the wider subcontinent, are defined in my very being. As someone who has heritage and strong connections to both sides, I feel it is important that we look towards the future. In recognising the contribution of the noble Lord, Lord Hussain, I say to him that ultimately it must be for those countries to decide on, as we say in the Commonwealth, “a common future” which brings people together. There is so much between not only India and Pakistan but the 56 countries across the Commonwealth that ties us together. The issue of the English language, raised by the noble Lord, Lord McDonald, and others, remains central. I quote the Secretary-General, the noble and learned Baroness, Lady Scotland, on the importance of the English language in defining where the Commonwealth is and how it will remain.
At CHOGM in 2018 the noble Lord, Lord Parekh, mentioned the British Empire, the role of the Queen and history. I greatly respect the noble Lord and say to him that I have been Minister of State for the Commonwealth for five years. It has been a matter of great pride and honour to serve in that capacity, as well as in other areas, because the Commonwealth is about the here and now and the future. The fact that Rwanda, a country that does not have the history of the old empire, and other countries that have no history with what was the British Empire, wish to join, including one of the new members, is a sign of the vibrancy of the Commonwealth network of states.
At the start of CHOGM 2022, President Kagame said:
“The fact of holding this meeting in Rwanda, a new member with no historical connection to the British Empire, expresses our choice to continue re-imagining the Commonwealth, for a changing world.”
That underlines the perspective of many a Commonwealth country. I thank the right reverend Prelate the Bishop of Southwark and the noble Lord, Lord Bilimoria, for qualifying that the decision for the Prince of Wales to succeed Her Majesty the Queen was not that of one country, Britain, but came from the consensus of all members of the Commonwealth. I was there at CHOGM when these discussions took place, and it is right that the Commonwealth is defined by the important issue of consensus.
I have mentioned the Secretary-General, the secretariat and the member states. Equally I pay tribute to the noble Baroness, Lady D’Souza, for her incredible work within the Commonwealth network. She mentioned the CPA. It was lovely seeing Stephen Twigg there, though we did not get a chance to sit down. There were a few respective taps on the shoulder as we rushed from one meeting to the next, but I recognise fully the important role that the CPA and the CPA UK play in strengthening inclusive and accountable democracy across the Commonwealth. Other networks play an equally important role. The youth and women’s forums, the business forums and civil society forums were mentioned by noble Lords, including the noble Lord, Lord Collins, and my noble friend Lord Marland. Yes, they did feed back directly. I will come on to the important role of civil society, which is central.
We were represented in Kigali by my right honourable friend the Foreign Secretary, and the Prime Minister, as well as by me and the COP president, Alok Sharma. Returning, we reflected and talked of the four years but, more importantly, it was an opportunity to look to the future and foster a renewed sense of unity and purpose for the Commonwealth at a time of great change.
I am delighted that the noble Lord, Lord St John, mentioned the importance of digital. I will come on to some of the points that we discussed but, equally, in our report as chair-in-office, we focused on initiatives such as cybersecurity, to demonstrate the importance of the Commonwealth. What is the Commonwealth? If you are a small island developing state such as Vanuatu, you will not have the capacity and technical expertise to deliver. That is what the Commonwealth delivers, in bringing people together.
It is about the future. It is not a legacy of the British Empire of old. The vibrancy of discussions demonstrates that, as well as the issues that we discussed. Climate change is becoming increasingly important for small and less-developed states. Of course, Covid-19 remains very much alive and part of us in terms of its impact on us all. Therefore, even notwithstanding the Covid lockdowns, the Commonwealth family acted together on these important issues, including in a statement. As the noble Lord, Lord Bilimoria, highlighted, from academia to private sector engagement and manufacturing, it saw us and India come forward with an important and lasting partnership, tied together by the fact of the Commonwealth’s advantage. There was the ability of companies within those two different countries to be tied together by the common contractual nature of green contracts and common languages. That has also resulted in benefit not just to India’s manufacturing but to inward investment in the United Kingdom and a lasting partnership.
The Commonwealth family makes up a third of the world’s population and 30% of the votes of the United Nations. The United Kingdom over the past four years has had a role in strengthening the voice of the Commonwealth within the context of the United Nations. Perhaps I may share a personal note, since the noble and learned Baroness, Lady Scotland, was mentioned. Prior to the closed session, where the Secretary-General issue was taken, the United Kingdom did not hold back. During an earlier session when I attended the last meeting of CMAG, the governing council, I made specific announcements on the United Kingdom’s continued support for the Commonwealth Small States Office in Geneva, which is carrying out important work on human rights issues. I therefore hope that I have given a practical perspective; while different perspectives or differences may arise, in terms of practicality, the United Kingdom has always sought to, and will continue to, engage directly and constructively with the secretariat on all aspects of the Commonwealth institutions.
The CHOGM 2022 programme was also varied. My noble friend Lord Howell rightly highlighted the importance of our global soft power, as the Commonwealth network was very much in play. As Minister for the Commonwealth, I had direct bilateral meetings. The noble Earl, Lord Sandwich, mentioned human rights issues but it is not always a question of collective discussions. The Commonwealth is also defined by opportunities for world leaders, Ministers and others to come together sometimes to discuss some of the more sensitive issues around human rights—at times candidly, constructively but also privately. The Commonwealth network also provides for such discussions to be undertaken.
I personally represented the United Kingdom in a number of ministerial meetings, negotiating on key issues. A point was made by the noble Lord, Lord Purvis, about the language on Russia and Ukraine, as well as on climate. I assure the noble Lord that I sat through the Foreign Ministers’ meeting and while there were differences of views and opinion, the Commonwealth is defined by consensus. The agreement in the communiqué that the noble Lord, Lord McDonald, rightly highlighted, ran to several pages. While it was perhaps not reflective of what was achieved under his stewardship as PUS at the Foreign Office during our time, it was important that there was a leaders’ statement summarising some of the key issues. That reflects a learning and constructive carry-forward by Rwanda of something that we started in London back in 2018.
I also had the pleasure of being invited to the business forum, which was a grand affair; prior to that, I went to the exhibition of businesses. It was profound and on one of the biggest challenges, as my noble friend Lord Marland said. I pay tribute to his stewardship. We talk about longevity; he is another example of someone who has banged the drum of the Commonwealth Enterprise and Investment Council—and rightly so. It was an incredible event but I was taken by the businesses there, which were providing practical solutions to food security and climate issues. I say to the noble Lord, Lord St John, that many companies there, including British ones, were showing expertise in digital.
I also took part in the intergenerational dialogue about sport in the Commonwealth. I met the England goalkeeper David Seaman, among others, and the FIFA chairman. These events, as highlighted by my noble friend Lord Marland, brought together businesspeople, youth and sport. We look forward to the hospitality of the noble Lord, Lord Bilimoria, when we all go to Birmingham for the Games. Indeed, I am going there on Saturday; I will be attending meetings of the OSCE that are taking place there. I am very much looking forward to Birmingham hospitality.
On the leaders’ statement, the UK Government believe that the Commonwealth gets stronger as it grows. It is about encouraging other countries—
The Lord Bishop of Southwark
Will the Minister say anything about the question of persecution raised by the right reverend Prelate the Bishop of Guildford?
Lord Ahmad of Wimbledon (Con)
I still have about seven minutes on the clock and will certainly get to that. Human rights are an important agenda item.
The interests of countries across the Commonwealth were also reflected, including—it literally says this in my notes—on freedom of religion or belief. These were discussed bilaterally. I assure my noble friend Lady Helic that human rights were discussed; I will come on to issues around the communiqué and the statements and commitments made in a moment.
There was a selection process for the secretary-general. There were two very capable candidates. Kamina Johnson Smith, the Foreign Minister of Jamaica, was very close in the ballot that took place. Nevertheless, I assure the noble Lord, Lord Collins, and all noble Lords, as the Prime Minister said, that we will work very constructively with the noble and learned Baroness, Lady Scotland, as we have done before. I have always said, even given the differing perspectives we have—I note the comments of all noble Lords—that her advocacy of the Commonwealth, what it stands for and its values, is well respected by many across it.
On announcements and delivery, I thank my noble friend Lord Goodlad for his touching remarks about my time as Minister. He also knows Australia well. The noble Lord, Lord McDonald, mentioned an Australian Minister for the Republic asking whether there would be a time when the monarch of the United Kingdom holds an Australian passport. I have to give full disclosure as Minister of State for the Commonwealth: Lady Ahmad of Wimbledon actually holds an Australian passport, having grown up in Australia. That reflects the vibrancy of the Commonwealth.
The United Kingdom made a series of announcements on five new virtual centres of expertise. I will provide the details to the noble Lord, Lord St John. They reflect digital and our platinum partnerships initiative in support of economic growth. We also announced the launch of the UK’s developing countries trading scheme, with simpler and more generous trading arrangements, including for 18 Commonwealth members.
The noble Lord, Lord McDonald, talked about the identity agenda and realms, some of which I have already touched on. As far as the realms are concerned, we have addressed Barbados and Jamaica, and this is important. I pay tribute to Her Majesty the Queen and His Royal Highness the Prince of Wales for the leadership they have shown and the full warmth they have demonstrated in our engagement with those countries, as they seek to show change in their overall progress towards becoming republics. As India has notably shown, this does not change the warmth, affection and strength of the Commonwealth family.
On trade, we showcased investment with Commonwealth partners. As my noble friend Lord Marland reminded us, the Commonwealth advantage knocks 21% off the cost of trade. UK trade with the Commonwealth was worth over £120 billion last year alone and we have made progress: we have signed free trade economic partnerships with many Commonwealth countries and secured free trade agreements with 33 Commonwealth countries, including EPAs covering 27 African, Caribbean and Pacific countries. This is notwithstanding the challenges we faced with Covid and the limitations that imposed on us.
The noble Lord, Lord Bilimoria, mentioned the FTA. The second round of negotiations concluded on 17 March and the third round will begin shortly. During his visit to India, my right honourable friend the Prime Minister and Prime Minister Modi set a recognised challenge to everyone to achieve this by Diwali.
There was also a British International Investment announcement at CHOGM 2022. Through BII, we will provide £162 million of capital investment to the hydropower sector in Africa, to note one example. A number of other announcements were also made on that front.
My noble friends Lord Howell and Lady Helic talked about Chinese influence on the Commonwealth. The UK has invested £30 billion in FDI and bilateral ODA in Commonwealth countries and we are working with key partners across the Commonwealth to provide a structured and managed alternative to the reliance on China.
Turning, in response to the right reverend Prelate the Bishop of Guildford, to the important issue of human rights, the communiqué noted that freedom of religion or belief is a cornerstone of democratic society. Indeed, the human rights language in the communiqué from CHOGM 2022 further reiterated the Commonwealth’s commitment to human rights enshrined in international instruments, underscored the vital role of a vibrant civil society, including human rights defenders, in protecting democracy and urged good co-operation between member countries and their respective national human rights institutions; and there is more specific to that.
LGBT rights were raised by a number of noble Lords, including the noble Lords, Lord Purvis and Lord Collins. Since 2018, the United Kingdom has invested more than £11 million in programmes to support the promotion and protection of LGBT rights across the Commonwealth. We continue to work with Commonwealth Governments and civil society partners. There are challenges. Some countries have moved forward, some have stayed still and some have moved backwards: that is a candid assessment of where we are. At CHOGM my right honourable friend the Prime Minister announced a further package of investment worth more than £2.7 million to continue to promote and protect the rights of LGBT+ people across the Commonwealth. I will share full details of our human rights perspectives with all noble Lords.
Progress has been made on human rights, and I hope my noble friend Lady Helic, the noble Earl, Lord Sandwich, and the noble Lords, Lord Collins and Lord Purvis, recognise this. We are building on progress together, as a constructive partner and friend to Rwanda, during our term in office. There are girls’ education programmes worth more than £200 million. I have mentioned the LGBT communication, and we working with India, for example, on a new joint UK-India diplomatic training programme for Commonwealth members.
In the limited time I have had, I hope I have been able to give noble Lords a flavour of what has been achieved, what was discussed and what continues to be delivered, and of our continued commitment to the incredible institution—the network of families—that is the Commonwealth. There are undoubtedly differences on issues between member states, but the Commonwealth provides an opportunity to come together, for civil society to talk directly to Ministers, for specific feedback to be given and for interactions to take place. We are truly delighted to be hosting the Commonwealth Games in Birmingham next month. We look forward to welcoming our Commonwealth friends and family to the UK.
As we reflect on our four years in office, it is not customary, but I think I should do this. I pay tribute to the incredible team we have had at the FCO/FCDO leading on this: Philip Parham, who was the Commonwealth envoy, and Jo Lomas, who is sitting over there in the Box, together with Sarah Lingard. What can I say? They were incredible officials and a great source of support during the Commonwealth meeting, along with Harriet Mathews, our director-general, and Laura Hickey, who did amazing work on various aspects of the communiqué. Popping his head over the Box is my ever-resilient, ever-working private secretary Alex Fanshawe, together with Nick Catsaras, who is the Foreign Secretary’s private secretary. They are unsung heroes. Too often I get the credit for the work they do, and it is about time that they are also named for the record—
Lord Ahmad of Wimbledon (Con)
So I hope noble Lords will excuse me for doing so. It is great to hear the longest, loudest “hear, hear” from the former PUS at the FCO, who did incredible work in strengthening our time as chair-in-office.
To all noble Lords in all parts of your Lordships’ House, and to the right reverend Prelates who bring into focus the moral compass of the responsibility we have—I pay tribute to the right reverend Prelates the Bishop of Southwark and the Bishop of Guildford, who have taken part today, for their direct accountability —I say that it is right that the Government are held to account. We look forward to your contribution to the four events later this week. I assure the House that we remain committed to the Commonwealth and wish to play our part as a partner in the Commonwealth.
Finally, the Commonwealth is about the here and now, but it is also, importantly, about the future and how we continue to strengthen economic resilience and security; to step up action on climate change; to become a force for good in standing up for human rights for all and for freedom of religion for those who are oppressed; and for the LGBT community, women’s rights, girls’ education and the Commonwealth family. There are differing perspectives and different periods of travel, and different pathways may be taken; but most importantly, as a network, it allows us, as a Commonwealth family of 56 countries, to come together for that common vision and common future.
Lord Howell of Guildford (Con)
My Lords, I give the Minister more credit for his excellent summing up and for all the work he does to promote and develop Commonwealth links of every kind. I thank everyone who has spoken in this debate for, on the whole, a very positive tone. This is a very difficult time; the world is changing fundamentally. Obviously, I see the Commonwealth structure itself evolving, as it has evolved. We have to think very hard about how we can both benefit from that as a country—why not?—and shape and benefit the Commonwealth and the whole geopolitical situation.
I say to the Minister: we have to follow through on what the Chinese are really up to. I notice that, over the weekend, they have been having their BRICS meeting for 3 billion people. It must be a rather odd meeting with India and China there when they have recently been at war with each other. I do not really know what went on, but we have to watch the Chinese. They are trying to rebalance the world in ways that are not good for freedom and democracy at all. We look to Marlborough House to be more vital now that the Secretary-General issue is solved.
The noble Lord, Lord McDonald, raised the issue of the realms versus republics and other kingdoms and sultanates. That will sort itself out. It is really a media muddle, because they do not understand the difference between the Queen as Head of State and the Queen as Head of the Commonwealth—the answer is that there is not much difference at all, but the media get very muddled.
Finally, we all have to think in terms of constant new initiatives to develop further. As the noble Lord, Lord Purvis, says, there is much more work to be done. Some of us are planning to raise the idea of a brand-new Commonwealth centre at the end of the Elizabeth Line. We have our eye on the Woolwich Barracks that are now vacant. It is a vast area, a little bit of which, as an exhibition centre, would make a magnificent place representing the whole Commonwealth. The Minister will, I am afraid, hear more about that.
Generally, the world is changing so fast. The digital relationship is altering international relations so greatly that we can now confidently look at the model of the voluntary non-treaty Commonwealth, in all its diversity, as something that will shape the international future rather than just be part of the international past. I thank all my friends and colleagues and your Lordships for applying their minds to that prospect this afternoon.