House of Lords (Expulsion and Suspension) Bill [Lords]

Debate between Christopher Chope and Lindsay Hoyle

Friday 27th February 2015 Commons Chamber

[Mr Chope]

My new clause 3 is in the same grouping. As it is well precedented in the 2012 Bill, which did not make much progress, I wish, if it is possible, to test the will of the House on it.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

The new clause will have to be moved formally.

Clause, by leave, withdrawn.

New Clause 3

Code of conduct

“(1) Standing Orders of the House of Lords may provide for the adoption of a code of conduct.

(2) A resolution passed by virtue of section 1(4) must include a reference to the relevant provision of any code of conduct which the House of Lords may have adopted and which has not been superseded by a subsequent decision of the House.”— (Mr Chope.)

This Clause allows the House of Lords to adopt a code of conduct and also requires the application of penalties under this Bill to be linked to that code, if there is one.

Brought up, and read the First time.

Question put, That the clause be read a Second time:—

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[Mr Chope]

I beg to move amendment 1, page 1, line 4, leave out paragraph (a).

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

With this it will be convenient to discuss the following:

Amendment 2, page 1, line 7, leave out subsection (2).

Amendment 7, page 1, line 17, at beginning insert

“in relation either to an expulsion or to a suspension”.

This is linked to the amendment below which prevents retrospective judgement of behaviour leading to a final expulsion of a member of the House of Lords.

Amendment 6, page 1, line 17, after “Act”, insert

“and any Standing Orders made under subsection (1)”.

Amendment 19, page 1, line 17, after “Act” insert

“and any Standing Orders made under this section”.

Amendment 8, page 1, line 18, leave out paragraph (b).

This removes all reference to previous conduct that was not public knowledge.

Amendment 9, page 1, line 18, at beginning insert

“in relation only to a suspension”.

This removes the power of expulsion in respect of previous conduct that was not public knowledge.

Amendment 10, page 1, line 18, leave out from “Act” to end of line 19 and insert

“but since 1 January 2015”.

This limits the application of the Bill’s sanctions to previous conduct that was not public knowledge to just the current year.

Amendment 11, page 1, line 18, leave out from “Act” to end of line 19 and insert

“but since 1 January 2000”.

This limits the application of the Bill’s sanctions to previous conduct that was not public knowledge in the past 15 years only.

Amendment 12, page 1, line 18, leave out from “Act” to end of line 19 and insert

“but since 1 January 1985”.

This limits the application of the Bill’s sanctions to previous conduct that was not public knowledge in the past 30 years only.

Amendment 13, page 1, line 19, after “knowledge”, insert “in the United Kingdom”.

This limits the scope of public knowledge of previous conduct to what was not known in this country.

Amendment 14, page 1, line 19, at end insert—

‘(4A) A resolution under subsection 4(b) may not relate to expulsion”.

This is an alternative approach to removing the power of expulsion in respect of previous conduct that was not public knowledge.

Amendment 15, page 1, line 19, at end insert—

“(4A) Standing Orders of the House of Lords set out guidance on what constitutes public knowledge under subsection 4(b)”.

This allows for some certainty as to what might constitute public knowledge of previous conduct.

Amendment 20, page 1, line 19, at end add—

‘(5) nothing in this section shall authorise the expulsion or suspension of members of the House of Lords on the grounds of age, health or length of service”

Amendment 3, in clause 2, page 2, line 2, leave out “Expulsion and”.

Amendment 4, page 2, line 4, leave out clause 3.

Amendment 5, in clause 4, page 2, line 9, leave out “Expulsion and”.

Amendment 16, in the title, line 1, leave out “expel or”.

[Mr Chope]

Effectively, amendment 1 seeks to remove from the Bill any reference to the expulsion of Members of the House of Lords, which means that the Bill would relate only to their suspension. The reason why I wish to circumscribe the Bill in that way is that the main point of the Bill is to make the House of Lords’ powers relating to Members’ suspension more consistent. On that, I agree with my right hon. Friend the Member for North West Hampshire (Sir George Young). Where I disagree with him is over the use of the expulsion power.

When this Bill was originally put forward, it was said to be very minor and technical, but as one of their lordships said, the expulsion power was certainly not about routine housekeeping. The power to expel Members from the other place is a fundamental interference in the constitutional arrangements of our country; people are appointed to the other House for life, or they are elected as part of the cohort of elected peers. To expel such a person is an extreme measure.

Following the House of Lords Reform (No.2) Bill, which was introduced by my hon. Friend the Member for North Warwickshire (Dan Byles) and passed into law, the House of Lords and this House effectively have the same powers of expulsion. That includes ensuring that anyone who is convicted of an offence that results in imprisonment for more than one year is expelled. In this House, we have not expelled anyone for a very long time. A number of people, following critical newspaper reports, have chosen not to stand again, or even in extremis to resign their seat, but expulsion is a draconian sanction. Introducing it in this Bill is unnecessary; it is over-egging the pudding. That is why I hope that my right hon. Friend the Member for North West Hampshire will accept my amendment. Essentially, all the amendments in the group deal with the same issue, which is the conduct that gives rise to potential expulsion from the House.

Amendments 2, 7, 6, 19, 8, 9 and the others are worth considering because they tighten up the Bill and bring it more into line with what would be regarded as fair and reasonable. Rather than spending a lot of time going through them, I would prefer to see whether we can persuade my right hon. Friend, the promoter of this Bill, to drop the expulsion power. As was said on Second Reading and Report in the other place, this is a power that the Lords hope that they will never have to use, but the danger is that if it is available and can be used in relation to a wide range of conduct, people might be expelled from the Lords in circumstances in which they would not be expelled from this House.

Let us consider the interaction between this Bill and the recall Bill. The recall Bill gives electors the power to vote when a Member’s conduct falls short of what is expected but would not give rise to a sentence of imprisonment of more than one year. If we are to link in with that, it would be best to do away with the expulsion provisions and rely on the suspension provisions instead. Under the suspension powers in this Bill, the other place would be able to suspend Members for five years or more. If a Member was suspended for that length of time and felt that justice had been done, they might well choose to resign. That is a different issue, but given the constitutional implications, it would be a step too far to give the other House the power to override our constitution by expelling somebody who has been appointed a peer of the realm for life, or an elected hereditary peer. If we want to go down that route, we should not do so on a Friday through a private Member’s Bill.

As with so many powers that have been taken, people say that they will never have to use these powers. We were told, when certain legislation was originally introduced, that it would be used only to proceed against terrorists, but as the years went by we found that the rules became rather different. People forget the basis on which the law was introduced. The lack of safeguards in this Bill about the conduct that would give rise to expulsion means that it would be much cleaner to remove references to expulsion from it. Some of my amendments would therefore ensure that the Bill was called not the House of Lords (Expulsion and Suspension) Bill, but the House of Lords (Suspension) Bill.

Tenancies (Reform) Bill

Debate between Christopher Chope and Lindsay Hoyle

Friday 28th November 2014 Commons Chamber

[Mr Chope]

On a point of order, Mr Deputy Speaker. Is it not the custom that a Member who has spoken in a debate should be in his place to listen to the Minister’s response?

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

That normally happens for the wind-up speeches, but as we did not know when they would happen, I do not think that we need to worry.

[Stephen Williams]

I forgive them for not being here. I am sure that they will diligently read Hansard to see how I responded to the points that they made.

My hon. Friend the Member for Harrow East asked what would happen if a landlord was obliged to make repairs but then tried to evict the tenants in order to get vacant possession. I am advised that the council can issue a prohibition order prohibiting use of the dwelling by someone else while repairs are taking place—

London Local Authorities and Transport for London (No. 2) Bill [Lords]

Debate between Christopher Chope and Lindsay Hoyle

Tuesday 26th November 2013 Commons Chamber

[Mr Christopher Chope (Christchurch) (Con)]

We have up to three hours in which we could debate the Third Reading of this Bill—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. I might be able to help the hon. Gentleman. As we all know, Third Readings never drag on for that long, and I would be tempted to put the Question way before then, so he ought to get his points in and not detain the House for too long. I know that he is desperate to get on to the Second Reading of the next Bill.

[Mr Chope]

As always, you anticipate my remarks, Mr Deputy Speaker.

The whole process of private legislation should perhaps by revisited by the Procedure Committee, because this Bill shows that too often Bills are brought to this House and presented without being sufficiently thought through in advance. Great chunks of the Bill have been removed as a result of the scrutiny that this House has given to it. I know, Mr Deputy Speaker, that on Third Reading we do not talk about what is not in a Bill but only what is left in it. However, it is important to put it on record that all the provisions relating to pedicabs, for example, which were very controversial, have been completely removed. As I indicated in my intervention on my hon. Friend the Member for Harrow East (Bob Blackman), a Bill that originally had 39 clauses now has only 20, so it is much tighter.

There have also been a significant number of amendments. I commend my hon. Friend for the constructive way in which he has dealt with the points that have been raised. Obviously he and I have not agreed about everything, but where we have been able to agree we have amended the Bill accordingly.

House of Lords Reform (No. 2) Bill

Debate between Christopher Chope and Lindsay Hoyle

Friday 18th October 2013 Commons Chamber

[Mr Chope]

Yes, my hon. Friend makes an excellent point. This is another issue on which there might be amendments. I am concerned about how the Bill will proceed, assuming that it gets its Second Reading today, because if it does not go to a Committee of the whole House, it is quite likely that there will be so many amendments that people will want to move and debate that the Bill could end up taking up all the time available for discussion on Fridays; that is another good reason why it should go to a Committee of the whole House.

I should not sit down before commenting on what my hon. Friend the Member for North East Somerset said about the potentially ageist nature of the reference to retirement in the legislation. I have the privilege of representing the constituency with the largest proportion of residents aged over 65; the proportion is just over 35%. Obviously, that means that a much higher proportion than that are able to vote in elections, because those under 18 are excluded from doing so. I therefore have a particular reason for saying that it is important that the older generation be properly represented in this House and the other place.

Quite a lot of people see it as their objective in life to try to bring in, directly or indirectly, a restriction on the age until which people can participate in our democracy in a representative capacity. We should be hostile to those moves. That is another reason why I have always been against the idea of a retirement scheme for their lordships that is based just on age. The proposal in the House of Lords (Maximum Membership) Bill, to which I referred earlier, would not require people to retire based on their age; retirement would relate to the date when they first became Members, which can be a completely different kettle of fish.

As my hon. Friend the Member for North Warwickshire said, the Bill is, on any view, a modest measure, but many modest measures have been brought before the House. Some of the Bills in my name further down the Order Paper are very modest measures—two clauses at most—but that does not mean that they will find favour with the Government Front Benchers.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. Just to help, if the hon. Gentleman were to finish speaking now, we might be able to get to those modest measures.

[Mr Chope]

I am not that naive; there are two Bills after this one before we get to any of mine. The Government have already indicated that, although the House of Lords (Maximum Membership) Bill has received the Queen’s consent, that does not mean that it has their support. I live in hope, but as I said to my hon. Friend the Member for Weaver Vale (Graham Evans), who is in charge of the next Bill to be discussed, nobody’s performance or career in this House should be judged on how many private Members’ Bills they have been able to get on the statute book.

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[Mr Chope]

I stand corrected by my hon. Friend, who is a member of the Procedure Committee. My understanding has always been that if there were not enough Members voting in a Division, we went straight on to the next business.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Shall we test it?

[Mr Chope]

We can test it in due course.

The Bill, albeit modest, would need a great deal of change before it would be worthy to go on to the statute book. Once again, I congratulate my hon. Friend the Member for North Warwickshire on introducing it. This debate sends out a warning shot to those in the other place that if they send to this House Bills relating to their own House which they want us to endorse, we will not do so unless we have had a chance to consider them fully.

London Local Authorities and Transport for London (No. 2) Bill [Lords]

Debate between Christopher Chope and Lindsay Hoyle

Wednesday 11th September 2013 Commons Chamber

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

I remind the House that with this we are considering amendments 11 to 19.

When the debate was in train on 10 July, I believe that Mr Chope was about to sum up—within minutes—and end his speech on the group of amendments.

[Mr Christopher Chope (Christchurch) (Con)]

Your recollection is impeccable, Mr Deputy Speaker. Although more than two months have elapsed since we last debated the amendments, I do not think that it is necessary for me to remind the House of the issues at stake, given that there are further important matters to discuss.

During the course of the debate, there was considerable discussion regarding which of the commendable amendments in the group we should seek to test the opinion of the House. Having listened to the helpful advice of my hon. Friends the Members for Shipley (Philip Davies) and for Bury North (Mr Nuttall), the balance of opinion is that the best choice would be amendment 14, which would provide that people could not be prosecuted for having unlit skips if they had taken reasonable steps to ensure that they were lit. In other words, the amendment would mean that there would have to be a lack of responsibility before a criminal act could be committed. There was acceptance across the House that such an amendment would be reasonable, so while I shall not press amendment 10 to a Division, I will seek the opinion of the House on amendment 14.

Earlier in the debate, we heard the good news that my hon. Friend the Member for Harrow East (Bob Blackman), on behalf of the promoters of the Bill, will accept amendment 11, which should interest those who think that such occasions are rather a pointless exercise. It is clear that the promoters of this Bill are much more willing to accept amendments than the promoter of the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill—the Government. The Government should learn a lesson from how we conduct private business, during which if it is thought that the arguments being made about amendments are reasonable, the amendments are accepted without anyone feeling that they are losing face. I congratulate my hon. Friend and the Bill’s promoters on being broad-minded enough to accept not only amendment 11, but amendment 30, which we shall reach in due course. Without further ado, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Amendment made: 11.—(Mr Chope.)

Clause 9

Builders’ skips: penalty charge provisions

Amendment proposed: 14—(Mr Chope.)

Question put, That the amendment be made.

The House proceeded to a Division.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

I ask the Serjeant at Arms to investigate the delay in the Aye Lobby.

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[Mr Chope]

I beg to move amendment 21.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

With this it will be convenient to consider amendments 22 to 40.

[Mr Chope]

The amendment relates to part 5 of the Bill, which deals with charging points for electric vehicles. Many moons ago, perhaps even more than two years ago, I was told that the reason the Government were so keen to ensure that the Bill got on the statute book was its provisions on charging points for electric vehicles. The fact that the Bill has been on a very slow curve since is indicative of the many practical problems that are being experienced by people who want to promote electric vehicles and a green economy. That is why the issue of charging points has not been as significant as the Government at one stage thought it would be.

I declare my enthusiasm for the idea that there should be electric vehicles. Obviously, if one has an electric vehicle, one needs to have somewhere to charge it. On the whole, batteries that are long-lasting are heavy and large, so it is much easier if one has a smaller, more efficient unit that can be charged at a charging point.

I was therefore disappointed to see that part 5, which gives powers to London local authorities to

“provide and operate charging apparatus for electrically powered motor vehicles”,

does not require those local authorities to provide and operate such charging apparatus. What a missed opportunity, one might say. I am not suggesting that local authorities should provide and operate charging apparatus in any place. What I am suggesting in amendments 21 and 22 is that the clause should state that London local authorities “shall”, rather than “may”,

“provide and operate charging apparatus for electrically powered motor vehicles”

in every

“public off-street car park under the management and control of the authority”.

We know that London local authorities make an enormous amount of money from car parking charges, both for on-street and off-street parking. We also know that off-street car parking charges often discourage shoppers from going to local shopping centres. However, if local authorities believe they can charge a lot for the use of off-street car parks, surely, in a society in which we support the principle of having and promoting the use of electric vehicles, they should be required to provide and operate charging apparatus for electrically powered vehicles rather than just have the opportunity to do so if they wish to take it up.

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[Mr Chope]

rose—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. I recognise that the unleaded debate was such a long time ago that Mr Davies may struggle to remember it, but Mr Chope definitely wants to talk about electric points, and not to get bogged down in leaded or unleaded fuel. I know he dealt with that as a Minister and that he wants to deal only with electric points now—he does not want to upset the hon. Member for Shipley (Philip Davies).

[Mr Chope]

Absolutely, Mr Deputy Speaker. As so often, you are spot on in reading the language not necessarily expressed between my hon. Friend and me.

In my hon. Friend’s most recent intervention, he asked why local authorities are being given this responsibility. The Bill does not leave it to the private sector to provide charging points for electric vehicles; it gives powers to London local authorities to provide and operate charging apparatus. In my submission, that is acceptable only if there is a requirement for them to provide that. What is the point of giving them a power without any certainty about whether they will exercise it? My hon. Friend paints a scenario in which the public sector can be kept out of this completely. Indeed, I could support that where there are no public sector London local authority-owned car parks. However, if London local authorities wish to take powers to establish charging points for electric vehicles, my point, and the point of these two amendments, is that they should provide them in all their car parks.

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[Mr Chope]

That is a good point. I hope we will hear from the Minister in due course, because it is no exaggeration to say that there is nobody in the House with a better or more consistent record of wanting to promote electric vehicles than him.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. I know that the hon. Gentleman will not mind my advice and help. We are discussing the London Local Authorities and Transport for London (No. 2) Bill, and I do not want to get into a national debate. As much as Mr Nuttall is trying to tempt you, Mr Chope—he is very good at tempting Members away—I know that you do not want to be distracted from the amendments before us.

[Mr Chope]

Thank you for that ruling, Mr Deputy Speaker. Obviously it means that when the Minister responds, he should address his remarks to the issue of charging points for electric vehicles in London, without straying into whether there should be charging points for electric vehicles beyond London. I am glad that you have effectively given him that warning in advance of him making his contribution, and I am sorry if I was going to lead him down the wrong path.

[Philip Davies]

The Government have set out their position in “Driving the Future Today”, as published by the Office for Low Emission Vehicles, which has been given money to provide such points. My concern is that if my hon. Friend’s amendments are accepted, that could lead to the national budget for this issue being used up.

[Mr Deputy Speaker]

Order. I know that you wanted to make a short intervention, Mr Davies, and I know that you may wish to speak later, in which case I would not want you to use your speech up now, but instead to recognise that we need to continue with the amendments before us, rather than causing further distractions.

[Mr Chope]

Thank you, Mr Deputy Speaker.

Amendment 23 would introduce the words “on a discretionary basis” into clause 16, amending the provision that:

“A London authority may grant a person permission to provide or operate charging apparatus for electrically powered motor vehicles…on any highway for which they are responsible as highway authority.”

That discretion would be necessary as a consequence of amendments 21 and 22 being accepted. Amendments 24 and 25 propose leaving out references to authorised persons, which would result in the London authorities having to exercise the responsibility themselves, rather than through authorised people.

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[Mr Chope]

My hon. Friend is entirely right. That brings us back to the question of whom we are trying to encourage to use electric vehicles, and hence to use electric vehicle charging points. If using a charging point can make someone liable at law for events for which that person would not have been responsible but for the provisions of this statute, that in itself will deter people from using electric vehicles. I know of no legislation that provides for someone who fills up his tank at a petrol station to be automatically liable, as the person in charge of the vehicle, irrespective of whether he or she is at fault. I assume that normally, whether the petrol station was owned by a private sector company or by a local authority, its owner would, could or should be responsible.

Important issues of principle underlie these provisions. The danger, as always, is that if they are passed without adverse comment, it will be possible for them to be replicated in other Bills. We have observed that iterative process for many years. Throughout the country, we have encountered more and more—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. Let us not worry about other Bills. Let us deal with the Bill before us, and, in particular, with the amendments.

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[Mr Chope]

rose—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. I think we have got the reasons, and I know Mr Chope wants to get on. I have not even had a chance to call other speakers yet. I would be delighted to hear the views of the hon. Member for Shipley (Philip Davies). I will therefore be grateful if you move on through the amendments as you were doing, Mr Chope.

Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill

Debate between Christopher Chope and Lindsay Hoyle

Wednesday 11th September 2013 Commons Chamber

[Mr Christopher Chope (Christchurch) (Con)]

On a point of order, Mr Deputy Speaker. In light of the fact that so many issues could not be debated in Committee, have you had any notice from the Government that they intend to give House more time on Report so that those issues may be debated properly?

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

I can reassure the hon. Gentleman that I have had absolutely no notice of that. However, as he is well aware, it is up to the Government to make the timetable.

London Local Authorities and Transport for London (No. 2) Bill [Lords]

Debate between Christopher Chope and Lindsay Hoyle

Wednesday 10th July 2013 Commons Chamber

[Mr Chope]

I am making an intervention.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

The Minister is getting carried away. He cannot intervene on someone who is already intervening. I think we have got the message for Bob Blackman to respond.

City of London (Various Powers) Bill [Lords]

Debate between Christopher Chope and Lindsay Hoyle

Tuesday 26th February 2013 Commons Chamber

[Mr Chope]

I am not going to accuse the hon. Gentleman of despising the City of London. If he wants to put on record his support for the City, I am sure that he will have an opportunity to do so in the debate. But I am sure he recognises that quite a lot of Opposition Members make statements that give the impression that they are hostile to the City.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. I am sure that the ice cream van is waiting for you to deliver a fresh flake rather than take us somewhere we do not want to be. It is not like Mr Chope to wander away and be tempted in other directions. Let us get back to where we should be.

[Mr Chope]

Mr Deputy Speaker, you are quite right to have a go at the victim, which is me. I was led astray by that intervention, and I accept full responsibility.

If a product is perishable, the consequences of having it seized may be that it loses all its value. That is important. I am not sure that the provisions relating to perishable items in clause 16E are sufficient. The clause says:

“No article or thing which is of a perishable nature … shall be seized under the provisions of section 16A … unless the Corporation gives a notice in writing under subsection (2) to the person from whom the article or thing is seized.”

I would have thought it best to say that nothing perishable should be seized. Ice-cream could be removed and, if necessary, the van seized. The seizure of perishable articles is quite an oppressive power.

Proposed new section 16E(2) states:

“Where a perishable article or thing is seized…the person from whom it is seized shall be given a notice in writing…giving the address from which the article or thing may be collected; and…stating that if that person is not the owner of the article or thing, then that person should give the owner the information referred to in paragraphs (a) and (b).”

On the face of it, one would think that that would ensure that perishable articles were not seized, but when one looks at the small print one sees that they will be seized, and that is unfair and unjust. Indeed, such provisions have been removed from similar Bills because Members on the Government Benches—I cannot speak for Opposition Members—thought that they were disproportionately heavy in their application to ordinary people.

I have some grave concerns about the powers of seizure, especially when dealing with items of greater value than the maximum penalties under the Bill. A specific provision provides that it is open to the authorities to seize equipment, including motor vehicles, of a value higher than the maximum fine that could be imposed under any circumstances. That, in effect, deprives people of their assets, perhaps temporarily, in a disproportionately heavy manner.

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[Mr Chope]

I have already done so.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. Mr Chope has rightly pointed out that he has already congratulated the Minister on that speech, and I am sure that he was coming to the end of where he needs to be—on the Bill, rather than on the ability of someone speaking last night in the library.

[Mr Chope]

I think it was a question not of whether congratulations had been offered, but of whether they had been communicated and whether my right hon. Friend on the Front Bench had received the notice.

[Mr Deputy Speaker]

We will not waste the time of the House on that matter.

[Mr Chope]

I will not do so, Mr Deputy Speaker. I do not want to cross you on this or any other matter.

I am delighted that the Minister of State, Department for Business, Innovation and Skills, my right hon. Friend the Member for Sevenoaks (Michael Fallon), is on the Front Bench to listen to the next part of the debate, as this is the issue that concerns his own Department—clause 9 on trading outside business premises. For reasons that I can understand, the City of London says that in order to bring a little more vibrancy to life in the City of London, particularly at weekends and particularly for tourists, why not allow people to sell ice creams off the street, rather than just from fixed locations in shops and cafes? It says that people should be able to sell ice creams from a receptacle, which could include an ice cream van, located within 15 metres of business premises.

Listening to the speech from my hon. Friend the Member for Cities of London and Westminster, I was not sure whether the definition of business premises included St Paul’s cathedral chapter or not, and whether St Paul’s cathedral itself would be covered.

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[Mr Chope]

Will the hon. Gentleman give way?

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. I am not going to be tempted either way any more, and I am sure that the hon. Member for Poplar and Limehouse has now come to the end of his speech. I am going to bring in Mark Field.

Groceries Code Adjudicator Bill [Lords]

Debate between Christopher Chope and Lindsay Hoyle

Tuesday 26th February 2013 Commons Chamber

[Mr Chope]

My hon. Friend anticipates the argument that I am going to put. I was in discussion about whether an amendment referring only to “outside the United Kingdom” would be in order and selectable. On advice—obviously, I am responsible for deciding whether to act on advice—I decided that my new clause was much more likely to be selected if, instead of referring to the United Kingdom, I referred to the European Union. That is because of single market and European Union rules. Obviously, I wanted to ensure as far as possible that my new clause would be selectable, but my hon. Friend makes a good point. He is saying that the whole public debate is about why cannot we buy British—buy UK food and thereby avoid the risk associated—[Interruption.]

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. May I gently remind Parliamentary Private Secretaries —[Interruption.] Order. A Member is speaking, and unfortunately every time a PPS walks past, it is at eye-level of the camera. The first time it is not too bad, but it is happening constantly. We all want to hear Mr Chope, and I am sure the PPSs would like to hear a little more from him.

[Mr Chope]

The only comfort that I take is that my remarks are evidently creating such confusion on the Front Bench that Ministers need an enormous number of messages sent to them from the Box. I take some consolation from that.

It is incumbent upon the Minister when she replies to explain how the Bill will help UK producers while not giving benefits and privileges to producers from the rest of the European Union, let alone from outside the European Union. I should like to give the Minister the maximum amount of time to respond to the debate.

Amendment 27 seemed to be warmly endorsed from the Opposition Front Bench. I do not understand why the Opposition did not table such an amendment themselves in Committee or on Report. The amendment proposes that the Bill come into force two months after Royal Assent. Then it would be clear on the face of the Bill when it would come into force. If this is such fantastic legislation, why do we not bring it in in the normal way—the whole Bill, two months after Royal Assent? I hope the Minister will respond to those points and particularly to the powerful argument advanced by my hon. Friend the Member for Shipley (Philip Davies) in relation to new clause 2.

Canterbury City Council Bill

Debate between Christopher Chope and Lindsay Hoyle

Wednesday 6th February 2013 Commons Chamber

[Mr Deputy Speaker]

When the debate was adjourned last Thursday, we were considering the second group of Lords amendments and the amendments to them. Mr Chope was speaking on Lords amendment C6 to the Canterbury City Council Bill. With this amendment, we were also considering the following:

Lords amendments C7 and C8, and C9 and amendments (a) to (h) thereto to the Canterbury City Council Bill.

Lords amendments L3 and L4, and L5 and amendments (a) to (h) thereto to the Leeds City Council Bill.

Lords amendments N3 to N5, and N6 and amendments (a) to (i) thereto to the Nottingham City Council Bill.

Lords amendments R4 to R7, and R8 and amendments (a) to (i) thereto to the Reading Borough Council Bill.

[Mr Christopher Chope (Christchurch) (Con)]

When we adjourned proceedings at 3.27 pm last Thursday, we were less than an hour into the debate on these amendments.

[Mr Deputy Speaker]

Order. Perhaps I can help the hon. Gentleman. He had just said:

“I do not need to speak any longer on this group of amendments”.—[Official Report, 31 January 2013; Vol. 557, c. 1120.]

I hope that remains the case.

[Mr Deputy Speaker]

I can assure him he hasn’t.

[Mr Chope]

I have no intention, Mr Deputy Speaker, of trying your patience. Given, however, that a few parliamentary colleagues are still hanging around, I thought that I would put on the record an exchange between my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg) and the deputy Chief Whip during Monday’s proceedings, when it was made clear that, although it was possible this debate might start at 4 o’clock and continue until 7 o’clock, if it ran late, it would not be of any significance, because there would be a one-line Whip and no interference in our affairs, whether from the Government or anybody else. I want to make it clear to anybody who thinks that they have to still hang around in the Chamber because this is whipped business, that it is not.

--- Later in debate ---

[Mr Deputy Speaker]

Mr Nuttall, I was waiting, but you did not jump up as quickly as you normally do. I do not want to stop you from having at least a minute.

[Mr Chope]

We want the Minister to speak as well.

--- Later in debate ---

[Mr Chope]

Shame!

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Shame it may be, but I think the time has come. I enjoy hearing the hon. Member for Bury North (Mr Nuttall), but I do not think there is anything new in what he says, so I will accept the closure.

Question put forthwith, That the Question be now put.

The House proceeded to a Division.

--- Later in debate ---

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. It is a point of order, and the answer is that it is up to the Member in charge whether he wishes to speak to the amendments or not, and obviously he did not. Does anybody wish to speak to them?

[Mr Chope]

I wish to speak to them.

[Mr Deputy Speaker]

Well, Mr Chope, I am desperate to hear from you.

[Mr Chope]

This Lords amendment deals with touting. A whole lot of other consequential amendments are included in the group. Mr Deputy Speaker, you in your wisdom—[Interruption.]

[Mr Deputy Speaker]

Order. Can we have a little silence? As we wish to hear Mr Chope, will Members be quiet if they are leaving the Chamber?

[Mr Chope]

Mr Deputy Speaker, you in your wisdom accepted that these Lords amendments, which relate to touting, should be dealt with in a separate group, and that is what we are discussing. The lead amendment would remove clause 11, and the subsequent amendments deal with consequential matters relating to the touting provision. When we discussed this previously, I cannot remember how many years ago, a lot of concern was expressed.

--- Later in debate ---

[Mr Chope]

We now have, after a bit of pressure, an admission from my hon. Friend that he has done exactly what he said he would do by ensuring that the amendments would be moved successfully in their lordships House. I and my parliamentary colleagues who have fought so valiantly to remove the most pernicious parts of these Bills can now say that, because of the work that we have been doing in this House over many years, the Bills are much improved as a result of these Lords amendments.

As my hon. Friend has said, he promised Lords amendment C15 to this House when these Bills were given their Third Reading. He has honoured that undertaking by ensuring that it was tabled in the other place. It is fair to say that we both think that the other place’s debate took a lot longer than expected. On the basis of the proposed amendments, we had expected the Bills to go through the other place relatively quickly but they did not because their lordships decided to look at them in a lot more detail. As a result, we received a series of Lords amendments, some of which we discussed earlier, that made a significant difference to the Bills—not just to the touting provision, but to the definition of pedlars. Therefore, when I seek the indulgence of the House, it is in order to ensure that my hon. and right hon. Friends and the Opposition realise that this has been a very worthwhile exercise. Although a lot of colleagues have consistently voted against the ideas that I and a number of my hon. Friends have suggested—[Interruption.]

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. I think it is very interesting to hear Mr Chope and I hope that other Members will take notice, because a lot of conversations are going on and we are struggling to hear.

[Mr Chope]

On a point of order, Mr Deputy Speaker. If there is going to be a Division on any of the amendments in this group, will you give Members notice of it so that if they do not wish to participate in this debate and want to carry on their conversations outside they can do so, and that, in due course, if there is a Division the Division bell will ring in the usual way? Could you make that clear, Mr Deputy Speaker?

[Mr Deputy Speaker]

I just did make it clear that we do not want any more private conversations. We will stick to the business in hand. I and other Members obviously wish to hear you, so please continue.

[Mr Chope]

I am grateful for that clarification, Mr Deputy Speaker.

Sometimes during the course of discussing these pedlars Bills, we who have been on the side of the pedlars have, in a sense, been given an insight into what it must be like to be a pedlar, against whom there is a lot of prejudice among ordinary members of the public. Similarly, quite a lot of prejudice has been generated against those Members of this House who have stood up for the interests of pedlars. It is helpful for us to reflect on the real changes that we in this House, collectively, have made to the Bills.

--- Later in debate ---

[Geoffrey Clifton-Brown]

Is there not something ironic about the European Union coming to the rescue of my hon. Friend to sort this matter out?

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. We have had a good round-up of the Bill and I know that the hon. Member for Christchurch (Mr Chope) is now desperate to get back to discussing the amendments.

[Mr Chope]

I detect that all good things must come to an end, and in the light of the way that my hon. Friend the Member for Canterbury has behaved, and in tribute to work done by their lordships in the other place and their thorough examination of the Bill, it would be churlish of me to say that I will vote against the amendments in this group. I must, however, have a caveat to that, so I hope that my hon. Friend the Member for Shipley (Philip Davies) will catch your eye, Mr Deputy Speaker. He may persuade me that I am incorrect. Subject to anything that he says, I am—to use an expression from the other place—“content” to allow the Lords amendments to proceed.

--- Later in debate ---

[Mr Chope]

Does this not present a perfect opportunity for the Minister to make her maiden contribution to our discussions on the Bills?

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. It might help if I say that the Minister will come in when Mr Davies sits down. If he wants to give way now, there will be no more, but I would sooner hear a little more.

European Union (Approvals) Bill [Lords]

Debate between Christopher Chope and Lindsay Hoyle

Monday 4th February 2013 Commons Chamber

[Mr Chope]

I am sorry, Mr Deputy Speaker, but I am sitting so close to my hon. Friend that it seems as if we are having a private conversation.

[Mr Deputy Speaker]

Order. We could always continue the debate in the Tea Room if we are getting frustrated with the rest of the Chamber. I am sure that is not the case.

[Mr Chope]

In that case, Mr Deputy Speaker, I shall raise my voice to make it obvious that this is not a private conversation. My hon. Friend the Member for The Cotswolds (Geoffrey Clifton-Brown) would like to have this conversation on the record—it certainly would not be on the record if it took place in the Tea Room. The short answer to his question is that we have a great opportunity, because the FRA has its multi-annual framework approved every five years. If we believe it has the wrong priorities, this is the moment to change it. The Bill could be amended to reflect the concerns of this Parliament.

--- Later in debate ---

[Mr Cash]

I assure my hon. Friend 100% that, if this House, in its sovereign right, decides to repeal the European Communities Act 1972—we entered on a voluntary basis in that year—or any provision that emanates from section 2, by, for example, using the “notwithstanding” formula, we are entitled to do so. Nobody can do anything to stop us doing so. Whether the Whips would allow it is another thing.

[Mr Deputy Speaker]

Order. I have been very generous in allowing hon. Members to drift all over, but I am not going back to 1972. I want us to stick to Second Reading. We have a bit of time and a bit of latitude has been given, but I do not want to go to the complete ends of it.

[Mr Chope]

As you know, Mr Deputy Speaker, the fact that time is available does not mean we have to use it all. Other hon. Members may wish to participate in the debate. Some might regret that they missed the opportunity to participate when they look at the record. Some of us hope we will catch Mr Speaker’s eye in tomorrow’s debate, and might do our prospects some damage if we speak in extenso this evening.

This is a worthwhile debate and it is fantastic that we have the opportunity to discuss the Bill. I disagree with the hon. Member for Cheltenham (Martin Horwood), who is no longer in his place. He said that the relatively low attendance shows a lack of interest, but many hon. Members have looked at the issue and we are discussing it, and we look forward to the Minister’s response.

Obviously, most Europe debates from now on—for the next several years—will be preparatory to that great referendum. I would like the Government to start work on drawing up an audit of the costs and benefits of our EU membership. In the context of the Bill, they could do a lot worse than draw up an audit of the costs and benefits to this country of the work of the FRA compared with the work that is already being done in the Council of Europe—the Council of Europe’s work is being duplicated by the FRA.

I will not vote against the Bill, but I hope that, in due course, we have the opportunity to discuss amendments to it.

Daylight Saving Bill

Debate between Christopher Chope and Lindsay Hoyle

Friday 20th January 2012 Commons Chamber

[Mr Chope]

On a point of order, Mr Deputy Speaker. I was about to bring my remarks to a quick conclusion because I had already discussed all the amendments, but I can tell all those who supported the motion that I do not hold any animus against them.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Mr. Chope, you are such a magnanimous Member.

--- Later in debate ---

[Mr Chope]

On a point of order, Mr Deputy Speaker. Can you advise me whether it is in accordance with the traditions and courtesies of the House for the Minister to refuse to give way to the proposer of the amendment under discussion?

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Mr Chope, as a long-serving Member of the House, you know, as I do, that it is up to the Minister whether he gives way or not.

Parliamentary Contributory Pension Fund

Debate between Christopher Chope and Lindsay Hoyle

Monday 17th October 2011 Commons Chamber

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Does Mr Chope wish to move his amendment?

[Mr Chope]

With the leave of the House, I will not seek to move my amendment, because the Government have said that they agree with everything that I and the hon. Member for Blaydon (Mr Anderson) have said, so it seems sensible to move on to the next business as soon as possible.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

The question is as on the Order Paper. As many as are of that opinion say Aye—[Hon. Members: “Aye”]—to the contrary No—

Legislation (Territorial Extent) Bill

Debate between Christopher Chope and Lindsay Hoyle

Friday 9th September 2011 Commons Chamber

[Mr Christopher Chope (Christchurch) (Con)]

The Minister refers to this being very complex. Why, therefore, did the Government not set up this commission a year ago? Will he apologise to the House for the fact that the Government did not set it up a year ago, and will he confirm that the reason why it was not set up was because it was blocked by the Liberal Democrats?

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. As Mr Chope should know, we must keep our powder dry on that point until Third Reading. I ask the Minister not to be tempted.

Further and Higher Education (Access) Bill

Debate between Christopher Chope and Lindsay Hoyle

Friday 4th March 2011 Commons Chamber

[Mr Chope]

The hon. Gentleman obviously wants to put it on the record that they came sixth in the Barnsley by-election.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. I think we should get back to the subject, rather than discus the Barnsley results.

[Mr Chope]

Certainly, Mr Deputy Speaker. It would ill-behove either you or me to bask in any glory as a result of that by-election result. It is a pity, however, that there is no Liberal Democrat representative in today’s debate to discuss these very important issues.

I turn to the measures being taken already to improve access. There is going to be a measurement system under the proposals for assessing the ability or willingness of OFFA to allow universities to charge higher fees. The system for measuring the success in improving access needs to include—it does not at the moment—access to other institutions as a result of the work carried out by a particular university. The Russell group welcomed

“the Government’s guidance that institutions should set their own targets and measures of progress”,

but was concerned that

“existing…widening participation benchmarks are unsuitable as targets against which institutions’ progress can be meaningfully measured.”

It quotes Lord Browne—the guru on this issue, who produced his report last year—who found that

“the benchmarks do not provide a sophisticated enough picture of the student population actually qualified to meet the entry requirements of many courses. For example, they take no account of the fact that someone with 4 A*s at A-level might have a high tariff score but would not have a strong chance of being accepted on a Medicine course if these A-levels are in the wrong subjects…Moreover, financial penalties for not meeting these targets would be unfair and unhelpful to our aim of investing in ways to help poorer students win a place at our universities.”

Fixed-term Parliaments Bill

Debate between Christopher Chope and Lindsay Hoyle

Wednesday 24th November 2010 Commons Chamber

[The Chairman of Ways and Means (Mr Lindsay Hoyle)]

Order. Such an experienced Member will know that the referendum is not quite part of this group of amendments. I am sure that he would like to get back to the amendment.

[Mr Chope]

Absolutely, Mr Hoyle. I am sorry, but the right hon. Member for Blackburn, who is a former Home Secretary and holder of many other important national offices, drew me down that road of speculation.

To sum up, the Government have a motive to cover either outcome of the AV referendum. It suits both parties in the coalition to prevent an early general election, which is why they want a fixed-term Parliament—they want to assure themselves of a longer period in office. I say only this: good luck to them, but they should not expect me to vote for the Bill tonight.

London Local Authorities Bill [Lords] (By Order)

Debate between Christopher Chope and Lindsay Hoyle

Wednesday 13th October 2010 Commons Chamber

[Mr Chope]

Absolutely. My hon. Friend the Minister said the legislation that had been introduced nationally since the Bill was first produced covers the national picture. I am sure it takes properly into account the concerns that have been expressed, and to which my hon. Friend has referred.

I want to refer back to an earlier part of the Bill. Clause 7 deals with access to public lavatories. I have the privilege of representing a constituency with one of the highest proportions of elderly people in the country, and we in Christchurch are proud to have been the winner of the loo of the year awards on many occasions. Ours is a prudent council, and it has now reached the stage where the councillor and the officers responsible for winning those accolades do not attend the awards ceremony because they cannot afford the cost of the travel, but they are grateful recipients of the awards.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. I am sure that the hon. Gentleman is going to flush out the subject a little more, but we are dealing with a London Bill, rather than toilets in his constituency. I know that there is a connection, but I would like to try to keep it a little tighter if we can.

[Mr Chope]

Absolutely, Mr Deputy Speaker. The great joy for people in Christchurch is that even when they reach a certain age they can travel. They travel outside their constituency to places such as London, and they expect that in London they will find facilities similar to those that they enjoy in Christchurch. Sometimes they are disappointed, and that is where the relevance of all this lies. As they have such high standards at home, they seek them elsewhere.

I am concerned that it would be a retrograde move to allow local authorities in London to reintroduce turnstiles. Not long ago, a short debate was held in the other place in which Baroness Greengross asked Baroness Andrews, who was then an Under-Secretary at the Department for Communities and Local Government, about extending the provisions of the Public Lavatories (Turnstiles) Act 1963 to railway premises. The answer was that it would not be desirable because a lot of railway premises were having their loos and the access to them modernised. However, it was implicit in the answer that the then Government did not believe that the law needed to be changed and that they thought it desirable that we should not need turnstiles in order to gain access to public toilet facilities. This is a particular issue for disabled people, because they find it most difficult, although others may wish to gain access to a public toilet as quickly as possible and they do not want to have their progress impeded. I do not think that we need to spell out the point at any greater length, Mr Deputy Speaker.

Finance Bill

Debate between Christopher Chope and Lindsay Hoyle

Thursday 15th July 2010 Commons Chamber

[Mr Chope]

On a point of order, Mr Hoyle. It seems as though right hon. and hon. Members in the Opposition did not realise that it was open to them to object to the withdrawal of an amendment if they wished to vote on it.

[The Chairman of Ways and Means (Mr Lindsay Hoyle)]

It is too late to object now, so let us proceed.

Clause 4 ordered to stand part of the Bill.



Clause 5

Power to repeal high income excess relief charge