Voter Registration

Debate between Bernard Jenkin and Matt Hancock

Wednesday 8th June 2016 Commons Chamber

[Matthew Hancock]

First, I am grateful to the hon. Lady for Labour’s clear and unambiguous support for action—if necessary, legislative action—to put this right. The support of the Labour party in both Houses will be important if we need to get through emergency legislation. We are looking at legislative options, including secondary legislation, and I look forward to taking up such an option. We need to make sure that we get the details of any emergency legislation exactly right, since we will have to pass it at pace.

On the deadline that the hon. Lady mentioned, people should register to vote now. Those registrations will be captured by the system. We then have the legal question of whether captured applications can be eligible for 23 June, and that is the issue that we might have to deal with in legislation. [Interruption.] Labour Members are saying from a sedentary position, “What is the deadline?” I am absolutely clear: people should register now—today—and we will bring out further information as and when we can.

We did of course undertake stress tests, which the hon. Lady raised. We tested a significantly higher level of interest and of applications than at the general election last year, which is the best comparator, but, as I have said, the level of interest was significantly higher than the peak then and, because of the exceptional demand, the website crashed. Ultimately, the problem was born out of the fact that thousands and thousands—hundreds of thousands—of people want to vote, and the interest that that shows in expressing their democratic wishes is to be recommended.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

May I first commend the Government and my right hon. Friend for so successfully engaging millions of people that they want to register and vote in this referendum? That is definitely a good thing. I am afraid the problems he has encountered are born out of the fact that the Government and the Electoral Commission were ill prepared for the surge of registrations. The Government spent millions of pounds on promoting registration, so they should have been prepared.

This issue now arises: there is a cut-off in our legislation because the register has to be finalised and published six days before the date of the poll for the referendum—there have to be five days remaining so that any name on the register can be challenged during the first five days it is on the register—which leaves very little time for anything like legislation.

May I advise the Minister that it is probably legal to keep the site open for a short period—a few hours, to capture those who did not have the opportunity to register yesterday—but any idea of rewriting the rules in any substantial way would be complete madness and make this country look like an absolute shambles in the run-up to the referendum, which is such an important decision? Will he bear those things in mind, or risk judicial review of the result?

Oral Answers to Questions

Debate between Bernard Jenkin and Matt Hancock

Wednesday 27th April 2016 Commons Chamber

[Matthew Hancock]

We are introducing regional hubs for the civil service. Of course, many UK civil servants work in Scotland, supporting the people in Scotland. Inevitably there are a large number of civil servants in London because this is the capital of the United Kingdom, but we have to make sure that they represent the country that they serve.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

We know that special advisers are required to submit their emails and telephone texts to public view under freedom of information legislation. What is the Government’s policy on the use of WhatsApp, which special advisers are using to conceal Government business from public view?

Public Administration and Constitutional Affairs Committee

Debate between Bernard Jenkin and Matt Hancock

Monday 18th April 2016 Commons Chamber

[Mr Jenkin]

I am reminded by the hon. Gentleman’s stentorian warnings of the cries of St John the Baptist from the dungeon until his head was presented on a platter. Such warnings are important, and we have to have a system that we can defend against them. People are always going to be suspicious that there has been something of a fix about a public appointment. That is perfectly legitimate. Ultimately, the authority for such appointments rests with Ministers. We want a balanced and transparent approach, with safeguards. I repeat that if Ministers get a grip on the job specifications at the outset of such appointment processes, and have confidence in the independence of the interview panels, there should be no problem with the people of quality they want getting through the interviews. If that is not the case, we need to address that.

[The Minister for the Cabinet Office and Paymaster General (Matthew Hancock)]

I am grateful for the Select Committee’s support for the appointment of Peter Riddell to the post. He is a heavyweight and distinguished public servant. The Grimstone report, which the Chairman of the Committee mentioned, follows the Nolan principles, adding to them the principle of diversity in public appointments. Although the proportion of appointees to such posts who declare a political allegiance is the lowest on record, down from more than 20% in the early 2000s to less than 5% now, transparency is important in this area. On those grounds, it gives me great pleasure to have the opportunity to ask the Chairman of the Select Committee a question, rather than the other way around. As a sturdy defender of the principle of parliamentary democracy, does he accept that voters would expect Ministers to make appointments to these vital public roles?

[Mr Jenkin]

Yes, of course they do. In the end, no public appointment of the general nature that we are talking about is made without a Minister signing off that decision. The question is twofold. First, are Ministers being presented with a choice of candidates that they consider appropriate? If they are, can we be certain that the process has not been fixed to get friends and cronies through the appointment process? We need a balance that the public will respect and have faith in. On job specifications, if we get the process right at the outset, there should be no need for the Minister to complain. If we take away too many safeguards, it is Ministers who will be criticised for the appointments they make, not civil servants who have been sitting on panels and been ignored.

EU Referendum: Civil Service Guidance

Debate between Bernard Jenkin and Matt Hancock

Monday 29th February 2016 Commons Chamber

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

(Urgent Question): To ask the Prime Minister if he will make a statement about the instructions issued by the Cabinet Secretary to permanent secretaries in respect of EU referendum guidance for the civil service and special advisers.

[The Minister for the Cabinet Office and Paymaster General (Matthew Hancock)]

The referendum on 23 June on the European Union represents the biggest constitutional decision for the nation in a generation. The Government’s position is clear: Britain will be stronger, safer and better off remaining in a reformed European Union. Today’s Government document setting out the process of leaving underlines that case, showing that a vote to leave could lead to up to a decade or more of damaging uncertainty, with real consequences putting jobs and investment at risk. I concur with that assessment.

Because of the significance of the referendum, as the House knows the Prime Minister took the decision to allow collective responsibility to be suspended on the referendum question. This approach was discussed and agreed by the Cabinet on 20 February. The process is clear: Ministers may depart from the Government position in a personal capacity on the specific question of the referendum. On all other matters, including on other EU business, the Government will operate as normal, and in all things the civil servants support the Government position.

Guidance on how this will work in practice was set out and published by the Cabinet Secretary last week. The guidance is clear. Other than on the specific question of the referendum, all Ministers can commission and see all documents, as normal. On the question of the referendum—and on this question alone—Ministers who disagree with the Government position naturally cannot commission policy work on the in/out question or see documents setting out details of the case to remain. All Ministers can ask for factual briefing, and for facts to be checked in any matter. All Ministers can see documents on EU issues not related to the referendum question, as normal.

The guidance is clear and has been published. The process was agreed at Cabinet as the best way to manage the unusual situation of Ministers who disagree with the Government remaining in post. I hope that this clarity will allow Members on both sides of the House to focus on the main debate about whether Britain will be better served by leaving or remaining in a reformed European Union and then let the people decide.

[Mr Jenkin]

Clarity on this issue is one thing that we do not have. Nobody objects to the Government making their case in the referendum, but most people expect the civil service to be impartial in carrying out its support for Ministers. It is established in law that Ministers are accountable for their Departments. Voters expect Government facts and figures to be impartial and accurate, whether they are used by Ministers who support remain or leave.

Why does the Cabinet Secretary’s letter go far beyond the limits that were placed on dissenting Ministers in the 1975 referendum? Sir Peter Thornton, the permanent secretary of the then Secretary of State for Trade, Peter Shore, was quoted as saying:

“It was jolly difficult putting forward anti-Common Market briefs to Mr. Shore, but I hope we did what he asked”.

What a different atmosphere from today!

Worse than that, a Q and A briefing that has been circulated following the letter states that Ministers may not see any papers that

“have a bearing on the referendum question or are intended to be used in support of their position on the referendum”.

That has been described by one Minister, the Minister for Employment, my right hon. Friend the Member for Witham (Priti Patel), as “unconstitutional”. How can such a wide ban be justified?

How does my right hon. Friend the Minister for the Cabinet Office reconcile this with his comment on Radio 4 this morning that

“the Government is functioning on all questions, other than specifically the in/out question, in an entirely normal way”?

He also said:

“There are no rules other than those set out last Monday in the letter from Jeremy Heywood.”

What about the Q and A briefing?

Does the Minister deny that permanent secretaries have been instructed to conceal information requested by Downing Street or the Cabinet Office from a dissenting Minister? The Cabinet Secretary’s letter states that “Departments may check facts”, but civil servants have also been told that they cannot

“provide arguments or new facts”.

How is that consistent with the duty of honesty in the civil service code, which requires a civil servant to

“set out the facts and relevant issues truthfully”?

Does the Minister agree that where any guidance or instruction conflicts with the code, the code must prevail?

How does this situation best serve the democratic process if Ministers on opposing sides of the debate finish up disagreeing about information from the same Department which is meant to be impartial and accurate information provided by professional civil servants?

[Matthew Hancock]

Let me answer those points in turn. First, the Government are functioning perfectly well—in fact, I came to this House from a meeting with the Minister for Employment, my right hon. Friend the Member for Witham (Priti Patel), on childcare policy, and it was carried out in an entirely normal way. On Friday I visited a prison with the Justice Secretary, and those two points demonstrate that things are functioning as normal.

The civil service code, and the Constitutional Reform and Governance Act 2010, makes it clear that it is the duty of civil servants to support the position of the Government of the day, and it is only because the Prime Minister is allowing Ministers to remain in government while disagreeing with a single policy—the in/out position—that this situation arises at all. The letter from the Cabinet Secretary makes it clear that factual briefing is allowed.

Finally, the 1975 guidance made it clear that no briefing or draft speeches contrary to Government consideration were allowed to be drafted by civil servants. In fact, it went further because it said that if someone wanted to oppose the Government position, they had to inform No. 10 of any invitations to appear on the radio or TV. We have not put that provision in place. On all these things, the clarity in the guidance from the Cabinet Secretary that was published on Monday last week shows the rules, and those rules are consistent with the civil service code and, indeed, the law.

Oral Answers to Questions

Debate between Bernard Jenkin and Matt Hancock

Wednesday 27th January 2016 Commons Chamber

[Matthew Hancock]

The hon. Gentleman tempts me, but I shall wait until the commission reports. We will respond in due course.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

May I inform my right hon. Friend that the Public Administration and Constitutional Affairs Committee will be scrutinising those proposals very carefully indeed? We want to make sure that the judges are interpreting the Freedom of Information Act as Parliament truly intended, but I can tell him that there is no going back on freedom of information.

[Matthew Hancock]

Indeed. The Freedom of Information Act has brought to light many things that it is in the public interest to have in the public domain. I have no doubt that my hon. Friend’s Committee will scrutinise the proposals very carefully, not least to ensure that the will of Parliament is the law of the land. I look forward to working with him on that.

Charities (Protection and Social Investment) Bill [Lords]

Debate between Bernard Jenkin and Matt Hancock

Thursday 3rd December 2015 Commons Chamber

[Matthew Hancock]

I can give some assurance to my hon. Friend—

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

And learned.

[Matthew Hancock]

Sorry, my hon. and learned Friend.

--- Later in debate ---

[Matthew Hancock]

I very am grateful for that unexpected invitation. I am dearly tempted. I hope that Unlock and the Prison Reform Trust will work with us to ensure that the Bill passes in a form that supports the important work that they do.

On the broader question of supporting the reputation of charities, by one measure trust in the sector is at a seven-year low. It is in all our interests that we have a strong, confident and thriving charitable sector.

The purpose of the Bill is twofold: first to tackle the challenges and then to unlock new opportunities. The main provisions of the Bill fall into three main areas: first, strengthening the Charity Commission’s powers, including over trustee disqualification; secondly, the regulation of charity fundraising; and, thirdly, the new social investment power for charities.

Let me turn to the Charity Commission’s powers. The purpose of the Charity Commission is to ensure that each of the 164,000 charities in England and Wales pursues its charitable objectives. Set up in 1853, it has done a century and a half of good work, but two years ago the National Audit Office and the Public Accounts Committee found that it was failing in its core duty. In particular, they found that it was not doing enough to tackle the abuse of charitable status. The NAO made a series of recommendations to improve the commission’s effectiveness.

The coalition Government published proposals for new powers based on those recommendations. Following a public consultation, the draft Protection of Charities Bill was published. Pre-legislative scrutiny and the Bill’s passage through the House of Lords have resulted in further refinement. I thank all the Members, peers and others who have improved the Bill that is before the House today. These measures are just one part of a wider programme of reform, aimed at turning the Charity Commission into a tough, clear and proactive regulator.

[Mr Jenkin]

It pains me to point out that my right hon. Friend has left out the significant post-legislative scrutiny of the Charities Act 2006 that was conducted by my Committee, the Public Administration Committee, in the last Parliament, which was the prime precursor of this Bill. I also sat on the Joint Committee that performed the pre-legislative scrutiny of the Bill.

Will he say something about recent controversies, for example those around charitable fundraising? The Select Committee is very frustrated that we are conducting significant inquiries that the regulator, the Charity Commission, should be conducting, but it does not necessarily have the power to hold its hearings in public in a way that would demonstrate its regulatory role.

[Matthew Hancock]

I was going to come on to the work of my hon. Friend and his Select Committee in making sure that the Bill is in the best possible shape. I am very grateful for the work that he did at the end of the last Parliament, after the National Audit Office report, to make sure that when we had a Bill, it gave the commission the necessary powers.

We believe that the Charity Commission has the power to convene meetings in public. However, I recognise that there is a question over whether it does so. During the passage of the Bill, we will look at that point in more detail. We are prepared to accept amendments, if they are necessary to bring clarity on the point that my hon. Friend raises.

[Matthew Hancock]

I hope that this Bill can unite both sides of the House. I welcome the hon. Member for Redcar (Anna Turley) to her place. My hon. Friend has made his point very clearly and it will appear on the record, but I do not want to get into an unnecessary dispute with the Opposition, given that I hope we will have all-party support for this important Bill which will strengthen the role of the Charity Commission and, ultimately, be in the best interests of charities throughout the land.

As I said, we want to provide a tough, clear and proactive regulator. Under the strong and capable leadership of William Shawcross and Paula Sussex, there has been a direct focus on tackling abuse and mismanagement. However, an effective regulator needs to have teeth. As the NAO reported, the commission needs our help to address the “gaps and deficiencies” in its legal powers. The Bill will close those gaps in the commission’s capabilities, as well as tackling a number of damaging loopholes in charity law.

Let me briefly outline the five new powers that the Bill confers. These powers will help to protect the public, the staff and the people our charities serve from those who would seek to exploit them. First, the Bill will extend the automatic disqualification criteria. Currently, the focus of the law is on barring people who have misappropriated charitable assets, but the criteria are far too narrow. We will extend them, as my right hon. and learned Friend the Member for Harborough (Sir Edward Garnier) said, to include people with unspent convictions for money laundering, bribery, perjury or misconduct in public office, those on the sex offenders register, and those convicted for terrorism offences, including individuals subject to an asset-freezing designation.

Secondly, the Charity Commission will be given new powers to disqualify in instances where an individual has behaved in a way that makes them unfit to be a charity trustee, acting on a case-by-case basis and using its judgment and discretion. That new power is essential to empower the Charity Commission to tackle those who would bring charities into disrepute, and I hope that it will be used with care and decisiveness.

Thirdly, the Bill gives the Charity Commission a new official warning power in response to low-level misconduct. That will allow a more proportionate approach for less serious cases. Fourthly, the Bill grants a new power that allows the Charity Commission to direct the winding up of a charity following a statutory inquiry. That would apply if the commission proves that a charity is not operating, or that its purposes could be promoted more effectively by ceasing to operate, and that to do so would be in the public interest. We expect that power to be used in limited circumstances, and it is subject to several safeguards.

Fifthly, the Bill closes a loophole that allows offending trustees to resign before they are removed by the commission, and then act as a trustee for a different charity without fear of repercussion. That will ensure that trustees are no longer able to escape accountability if they abuse their position of trust. As with all the commission’s existing powers, all five of those proposals would be subject to the general duty to have regard to best practice. With the exception of the official warnings power, all the commission’s new powers are subject to a right of appeal to the charity tribunal.

All five measures that I have outlined are essential to protecting the interests and reputation of the vast majority of charities that are run by people of great integrity. The Charity Commission was closely involved in developing the powers, and it fully supports them. In addition, independent research for the Charity Commission found that 92% of charities supported new, tougher powers for the regulator.

We also intend to remove clause 9, which was added on Report in the Lords. We have serious concerns about the unintended consequences of that clause, as it attempts to encompass complex case law into a single statutory provision. It would also impose a major new regulatory responsibility on the commission. Clause 9 was not proposed because of concerns about charities in general, but in a narrow attempt by the other place to undermine the Government’s manifesto commitment to extend the right to buy. It is regrettable that a Bill with widespread support was used in that way, and we cannot allow that to stand. I urge the House to reject that anomalous clause and consider the matter elsewhere.

The challenge of regulating charity fundraising has already been mentioned. We can be incredibly proud that we are one of the most generous countries in the world when it comes to charitable giving, but although people are happy to give, they do not want to be bullied or harassed into doing so. A voluntary donation must be voluntary. Earlier this year we heard about the tragic case of Olive Cooke, Britain’s longest-serving poppy seller. For years, she was targeted with hundreds of cold calls and requests for money. More than 70 charities bought her details or swapped them with other charities, and in one month alone she apparently received 267 charity letters. Sadly, since then more cases of unscrupulous fundraising practices have come to light, and we must act.

We began by asking Sir Stuart Etherington to review the regulation of fundraising over the summer, backed by a cross-party panel of peers, and I thank them for their work. Sir Stuart recommended a new, tougher framework of self-regulation, and we are working with charities to deliver that. Lord Grade of Yarmouth will chair the new independent body at the heart of that framework. It will be paid for by large fundraising charities, and it will be able to adjudicate against any organisation that is undertaking charity fundraising. The body will be accompanied by a fundraising preference service—similar to the telephone preference service—which will give the public greater control over their consent to receive charity fundraising requests.

Next, we will prohibit contractors from raising funds for a charity unless the fundraising agreement between them explains how the contractor will protect people from undue pressure, and sets out how compliance will be monitored by the charity. It will require large charities to include a section in their trustees’ annual report on the fundraising undertaken by them or on their behalf. That will include an explanation of how they protect the public in general, and vulnerable people in particular, from undue pressures and other poor practices.

[Mr Jenkin]

The Public Administration and Constitutional Affairs Committee—or PACAC, as we call ourselves—is concluding an inquiry into charitable fundraising, alongside our other inquiry into Kids Company. I will not pre-empt the outcome of those two inquiries, but we are concentrating our inquiries on the conduct of trustees in these matters, and their responsibility to oversee and support charitable organisations so that they reflect their values in their operations as much as in their objectives. We are making recommendations on that because it might be insufficient to rely on processes and structures to ensure that things are ethically and properly run.

[Matthew Hancock]

I welcome that review, and I hope that during the passage of the Bill we can consider—and where appropriate take on board—any recommendations to improve it. I am glad that the work of that Committee is taking place concurrently, and I hope that recommendations will come forward in time for them to be considered for the Bill.

--- Later in debate ---

[Matthew Hancock]

We took action towards the end of the previous Parliament to ensure that the legal framework for charities and other organisations means that they do not cross over into direct partisan political work. A review is under way into how the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 has worked. There are questions about whether that needs to go further, but the best place to deal with such issues is in the review and during scrutiny of the Bill. I understand my hon. Friend’s concerns, and it is important that our review fully considers the impact of the 2014 Act.

We regard the Etherington package, including the fundraising preference service and a move to opt-in for further contact, as the minimum necessary to rebuild public trust. We propose that regulation of fundraising happens on a self-regulatory basis, but that self-regulation must implement the review’s recommendations in full. Some people have rightly asked what will happen if self-regulation fails. We want it to work, but we are also clear that practices must change. In Committee, we intend to bring forward amendments that will strengthen the Government’s reserve powers to intervene if the self-regulation recommended by Sir Stuart fails. Predatory fundraising targeted at vulnerable people is wrong. It has shaken public confidence in charities and we are determined to stamp it out.

Alongside tackling those challenges, the Bill aims to open up new opportunities.

[Mr Jenkin]

I am terribly sorry for intervening again, and most grateful to the Minister for being so generous in giving way. I regret that I cannot stay to take part in the debate. The House will need to know that my Committee will produce its reports in January, in good time for the conclusion of the passage of the Bill. Before he leaves the matter of fundraising, will he bear in mind the concern of many people about some charities that raise a substantial part of their income from foreign sources? Security services are concerned that organisations posing as charities might be receiving funds from abroad for nefarious purposes. Will he consider introducing measures to the Bill at a later stage to deal with that matter? I know that that is something that also concerns the Charity Commission.

[Matthew Hancock]

The Chairman of the Select Committee need not apologise. He can intervene on me as many times as he likes and I will always seek to take his interventions. I know that that must happen, otherwise he will seek to get me in front of him in some other way. On my hon. Friend’s substantive point, that concern has been raised with us. We want to consider the matter in more detail as the Bill passes through the House.

The Bill seeks to open up opportunities for charities to do more to fulfil their mission by providing a new power of social investment. Social investment seeks a positive social impact and a financial return, trying to make money go further. It is a huge and growing chance for UK charities to make more of their assets in a field where the UK is already the world leader. In 2014, the Law Commission conducted a review of charities’ social investment powers. It found a lack of clarity around charities’ social investment powers and duties, and concluded that that could be deterring some charities from getting involved in this exciting new field.

UK charities currently hold assets of over £80 billion, but they have made social investments of about only £100 million. We think that with the right support that market could double in the next few years. The Bill will ensure that more charities have a chance to take full advantage of social investment should they so wish. It removes the existing uncertainty by providing a specific new power to make social investments. It also sets out trustees’ duties to ensure that all social investments are made in the best interests of the charity. That will allow charities to make investments with the dual aim of fulfilling their mission and achieving a financial return. It is the way of the future and it is happening here in Britain. We want to support it to go further.

The work charities do transcends politics and unites hon. Members on both sides of the House. We want all charities to enjoy the very highest levels of public trust and esteem, and the generosity that brings. By delivering a more effective regulator, by tackling unscrupulous fundraising and by unleashing the power of social investment, the Bill will strengthen that trust and allow charities to do more with that generosity. I commend the Bill to the House.

Oral Answers to Questions

Debate between Bernard Jenkin and Matt Hancock

Wednesday 21st October 2015 Commons Chamber

[Matthew Hancock]

No, the commission that is looking into how the Act has operated over the past 10 years is, rightly, independent, so it deals with the question of how it operates. Private organisations have not been subject to the Act, because it is about government information, so it is entirely appropriate for them to make the decisions.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

How will transparency in government be improved by the alteration of the code of conduct for special advisers, which now says that they shall be entitled to give instructions to communications staff in Departments?

[Matthew Hancock]

The transparency of Government information is absolutely aided by a combination of our open data and the use of press officers and communication teams to explain to the public what is going on. Making sure that that happens in an orderly and organised way, subject to Ministers’ wishes, is a very important part of it running effectively.

Oral Answers to Questions

Debate between Bernard Jenkin and Matt Hancock

Wednesday 1st July 2015 Commons Chamber

[Matthew Hancock]

I certainly strongly agree that it is important that as well as considering gender, ethnicity and other characteristics we ensure that people from all backgrounds—whichever school they went to and whichever part of the country they come from—can get to senior levels in the civil service. We have a programme under way to ensure that that happens.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

I congratulate my hon. Friend on his appointment as Minister for the civil service and assure him that the now Public Administration and Constitutional Affairs Committee will look forward to working with him on civil service reform, as we did with his predecessor, who did so much during his term of office. May I also give my fullest support to his objective of achieving diversity? That is a vital part of having an agile civil service and requires the challenging of attitudes and habits of behaviour as much as setting targets.

[Matthew Hancock]

I pay tribute to my hon. Friend for his re-election—unopposed—to the Chair of the Select Committee. I very much look forward to working with him, although I say that with some trepidation, knowing his depth of understanding of these issues. I entirely agree that this is about culture and agility in the civil service as much as it is about tick-box targets.