Oral Answers to Questions
Debate between Christopher Chope and Mark Harper(1 year, 5 months ago)
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Mr Harper
The hon. Gentleman put his finger on it: it is largely a commercial decision. If regulatory issues or other issues are preventing that from happening, I would be delighted to look into those. If he raises them on behalf of the APPG, I would be delighted to hear from him, but those are largely commercial decisions for airlines and airports to take.
Sir Christopher Chope (Christchurch) (Con)
Does my right hon. Friend agree that road congestion is bad for the economy, bad for the environment and bad for the mental health of motorists? To that extent, why are the Government pursuing policies that are making road congestion worse rather than better?
Committee on Standards
Debate between Christopher Chope and Mark Harper(3 years ago)
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Sir Christopher Chope
Should I express shock or outrage at what my hon. Friend has said, because clearly, in the time to which she refers, she did not apply her mind to the principal issue, which is that the Government encouraged everybody—including her, probably—to vote for a motion on 3 November, the motion was passed by resolution of this House, and the rescinding or changing of that motion is a matter for this House, rather than for the Executive and the Government? What happened on 4 November was that the Government used their power to usurp this House and basically said to it, “What you decided yesterday is no longer valid and of good effect.” This motion is so important because we cannot pass motions and then rescind them without proper debate, and that is what I am trying to concentrate on today. The process is absolutely fundamental to the issue of natural justice.
When I intervened on the Leader of the House, I referred to three of the issues that he had talked about in his introductory remarks on 3 November. He expressed concerns that had been raised with him about the lack of examination of witnesses in this case—and there were 17 such witnesses available to be examined. He also said that he was concerned about the interpretation of the rules relating to whistleblowing, which have been reinterpreted retrospectively and much more narrowly than many people would think was justified on the basis of the actual wording of those rules. Then there was the issue of the penalty that was recommended, because the Committee decided that it was an aggravating factor for our then right hon. Friend the Member for North Shropshire to have raised with it in evidence the impact that the inquiry and the commissioner’s behaviour had had on himself and his family. That was—
Sir Christopher Chope
No, I am not going to give way. [Interruption.] No, I am not going to give way.
Mr Speaker
Order. If the hon. Gentleman wishes to give way, he will give way. I think his slight indication was that he does not wish to give way to Mr Harper. [Interruption.] Well, whether he is right or wrong is totally different to the rules of the House.
Sir Christopher Chope
Thank you, Mr Speaker. I understand that some people find this rather an issue of sensitivity.
I raised a related aspect of this with the Leader of the House because a previous report of the Committee on Standards had decided, where colleagues had disputed the decision of the Commissioner for Standards, that that was, in itself, an aggravating factor in their penalty. That is completely at odds with the principles of natural justice in our country. In our country you can defend yourself in a forum—a court of law or an inquiry—and that cannot be regarded as an aggravating factor. If you admit your guilt, that can be a mitigating factor, but to defend yourself against charges cannot be regarded as an aggravating factor. The former right hon. Member for North Shropshire referred in his evidence to the Committee to the impact of the inquiry upon himself and his family. I cannot see how that could have been, in itself, an aggravating factor when it came to sentence. The Leader of the House referred to that issue on 3 November and I think it struck a chord with many of us.
It is so important that natural justice should be allowed to take its course and be applied in our proceedings, and that we should not allow ourselves to be pushed into positions of almost being subject to mob rule and mob justice. That is why I welcome this debate and the opportunity to hear people’s views about the—
Sir Christopher Chope
No. My right hon. Friend has plenty of time in which to catch your eye, Mr Speaker, and make his own points in his own way. I know that he has a different view from that which I have about these proceedings. He is entitled to that view; each of us is entitled to our own views. What we should be doing in this democracy is actually enabling those views to be heard, and I am delighted that this debate is facilitating just that.
Covid-19 Update
Debate between Christopher Chope and Mark Harper(3 years, 4 months ago)
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Sir Christopher Chope
On a point of order, Madam Deputy Speaker. It arises directly out of the response that the Secretary of State gave to me. Tomorrow this House is being asked to approve the Draft Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021. When that instrument was laid on 22 June, the explanatory memorandum said:
“A full impact assessment of the costs and benefits of this instrument is”—
I emphasise “is”—
“available from the Department of Health and Social Care…and is published alongside this instrument”.
As of 12 o’clock today, I have been trying, through the good offices of our excellent colleagues in the Library, to get an answer from the Department as to when we are going to get that impact assessment. The officials at the DHSC are quoted by the Library as having said, “The impact assessment has not been laid yet”—we knew that—and, “We will be laying it at the earliest opportunity.” This is very serious, because on 6 July the Secondary Legislation Scrutiny Committee referred to the impossibility of being able to scrutinise the legislation properly without the impact assessment. Despite the Secondary Legislation Scrutiny Committee recommending that the debate be deferred, nothing has happened and all that the Secretary of State said in response to me was, “Well, we don’t know where it is but don’t worry about it—we’ll carry on tomorrow anyway.” That is just not good enough. I would be grateful for your guidance, Madam Deputy Speaker, as to what we can do to ensure that we have an informed debate with the impact assessment before us.
Mr Mark Harper
Further to that point of order, Madam Deputy Speaker. In intending to be helpful to those on the Treasury Bench, I have noticed, looking at the said regulations, that they do not actually come into force until 16 weeks after they are approved by the House. It seems to me that in four months there is plenty of time for the Government to produce the relevant information for the House and for the House to take a decision, with no detriment at all to the health and safety of anyone in our care homes.
Madam Deputy Speaker (Dame Eleanor Laing)
I thank both hon. and right hon. Gentlemen for their points of order. I am sure the House is well aware that it is not a matter for the Chair. I will not spring it on the Secretary of State for him to give an answer on this operational matter, but Mr Speaker usually observes that it is helpful to the House for Members to have as much information as possible before them when a matter of importance is to be considered.