Tributes to the Speaker

Debate between Lord Mackinlay of Richborough and John Bercow
Thursday 31st October 2019

(5 years, 1 month ago)

Commons Chamber
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Lord Mackinlay of Richborough Portrait Craig Mackinlay (South Thanet) (Con)
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Mr Speaker, this is a very special day for you. I was not going to speak, but I want to put on record a couple of my times with you.

As I mentioned to you on shaking your hand when I took up my place here in 2015, we had a tea together many years ago—perhaps when you were in a different place politically, but we will put that aside.

There is one kindness you have given me. You have earned me a few pennies while I have been in the House. I am not always the first to be called or the last, but I have earned many a good coin from my hon. Friend the Member for North West Leicestershire (Andrew Bridgen), because we often have a little bet as to who will be up last. I am grateful to you for adding to my wealth and detracting from the wealth of my hon. Friend.

I had a very difficult experience at the end of last year and the beginning of this year, which you took a great interest in throughout. The day after my acquittal, there were business questions. I came to speak to you at the Chair, to tell you that I had rather more to say than is appropriate at business questions. You allowed me, on that very special day for me, the opportunity to explain in far more minutes than one would usually allow for business questions what I had been through and the annoyance thereof.

There is lots that I have not agreed with you on over the last few years, but I will never forget your fairness to me and to others in the House who face difficulties. That was an opportunity to put on record in this great international public space what I had been through and the annoyance that I felt. I thank you for that occasion probably more than for any other since my time in the House, and I wish you every great success in the future, a long life and much happiness.

John Bercow Portrait Mr Speaker
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That is extremely gracious of the hon. Gentleman, and I thank him from the bottom of my heart.

Legal Advice: Prorogation

Debate between Lord Mackinlay of Richborough and John Bercow
Wednesday 25th September 2019

(5 years, 2 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

John Bercow Portrait Mr Speaker
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I thank the Attorney General for responding. It is a matter of extreme sensitivity and it is incredibly important that we are sensitive to the wider implications and interpretation of what we say. Society’s mores change and sometimes one can find that things that one has freely said in the past without causing offence can no longer be said without causing offence, but each Member must make his or her own judgment. The Attorney General made his and he has said what he has said. I thank him for that.

Lord Mackinlay of Richborough Portrait Craig Mackinlay (South Thanet) (Con)
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On a point of order, Mr Speaker. I apologise for not giving notice of this point of order, but I seek advice that is relevant to our discussions. We have heard much about the way in which the Supreme Court has extended its remit to the actions of the Executive and how that may play out in future. Can you give advice, perhaps to your successor, about whether the Speaker’s actions and decisions should be similarly subject to judicial review and how that may work in future?

John Bercow Portrait Mr Speaker
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I am extraordinarily grateful to the hon. Gentleman, but as an attempted point of order, frankly, in old-fashioned O-level terms, with which I am familiar and of which the hon. Gentleman is probably aware, it would get an Unclassified. It was not even a good try. I do not bear the hon. Gentleman any ill will, but if people are going to have a go at these things, a degree of nuance, subtlety and ingenuity would at least command respect. There is a grade and I am afraid that the attempt was way below it.

Points of Order

Debate between Lord Mackinlay of Richborough and John Bercow
Wednesday 20th February 2019

(5 years, 10 months ago)

Commons Chamber
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Lord Mackinlay of Richborough Portrait Craig Mackinlay (South Thanet) (Con)
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On a point of order, Mr Speaker.

John Bercow Portrait Mr Speaker
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I am saving the hon. Gentleman; it would be a pity to squander him at too early a stage of our proceedings. We will come to him in due course, but I think the House is in a state of great animation at the point of order that is going to be forthcoming from the right hon. Member for South Holland and The Deepings (Sir John Hayes).

John Bercow Portrait Mr Speaker
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Indeed not, and the right hon. Gentleman expresses himself with his customary eloquence. The short answer is that a number of recourses are available to him. If he believes the matter warrants the urgent attention of the House, he could seek to use the mechanism that would secure, with my agreement, the presence of a Minister in the Chamber to answer his question on the matter; the earliest he could possibly do that would be tomorrow, and it is open to him to do that. Alternatively, it may be that the right hon. Gentleman will take his customary seat in the Chamber for his usual participation in the business question tomorrow morning. We have become accustomed over a substantial period to hearing the eloquent and often very poetic inquiries from the right hon. Gentleman, often infused with some philosophical reflections and even references to his favourite authors as well, and that is a treat that I think might lie in store for the House.

Lord Mackinlay of Richborough Portrait Craig Mackinlay
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On a point of order, Mr Speaker. Last week at Prime Minister’s questions, the right hon. Gentleman the Leader of the Opposition chose to mention my constituency of South Thanet, whereupon graciously, Sir, you allowed me the very last PMQ. I will quote what the right hon. Gentleman said:

“The Secretary of State’s decision to award the contract to Seaborne has increased the budget deficit of Thanet Council, the owners of Ramsgate port, by nearly £2 million.”—[Official Report, 13 February 2019; Vol. 654, c. 877.]

That figure was clearly incorrect, as in a period of just 51 days that would amount on an annualised basis to £14.6 million, which represents some 70% to 80% of the entire revenue of the council.

As a courtesy to the right hon. Gentleman, I alerted him to my concern that he might have misled the House, and I did that within an hour of him making that statement. I also alerted you, Mr Speaker, to my concerns on this matter. A week later, I have heard nothing from the right hon. Gentleman, nor has he, upon my request, pointed me to the figures on which he has relied to make a statement to the House from the Dispatch Box.

On that same day, the right hon. Gentleman also highlighted the fact—at least from his point of view—that £800,000 had been spent with appropriate professionals on due diligence for the Seaborne contract. That is again factually incorrect; that money was spent to do due diligence across the three contracts of over £100 million, not just on the very small Seaborne contract.

I alerted the right hon. Gentleman to my concerns both last week and this morning by hand-delivered letter, and I also delivered the same letter to you, Mr Speaker. I note that the right hon. Gentleman, having been alerted to my concerns, is not in his place to redress the issue at hand, and I now seek your guidance on how the error can be addressed in this place and what other measures I might take at your leisure.

John Bercow Portrait Mr Speaker
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I thank the hon. Gentleman for giving me notice of his intention to raise this point of order. That was typically courteous of him. I also note that he had informed the Leader of the Opposition of his intention to raise the matter. Moreover, I am conscious—[Interruption.] It would be helpful if I were able to communicate this point to the hon. Gentleman without the background hubbub coming from the hon. Member for Wyre Forest (Mark Garnier), who is conducting what is no doubt an absolutely fascinating conversation, but which can wait. I am conscious that the hon. Member for South Thanet (Craig Mackinlay) has written to the Leader of the Opposition because I have received the copy that he sent to me.

The short answer is that if the Leader of the Opposition believes that he has inadvertently misled the House, it is open to him to correct the record. Each and every Member takes responsibility for the veracity of what he or she says in this place. I simply make the point—I am not trying to argue the toss with the hon. Gentleman; that is not for me to do—that the Leader of the Opposition might have a different view of this matter and that his exegesis of the facts might differ from that of the hon. Gentleman. After all, that is very much in the nature of political discourse and argument. This is a subject of dispute, and perhaps of continued scrutiny.

All I can say to the hon. Gentleman is that it is perfectly open to him to continue to write letters to the Leader of the Opposition if he feels that that would be a productive exercise or if he finds it therapeutic. It is alternatively open to him to take the short journey from here to the Table Office to put down some written questions. That is something that I once did myself on quite a substantial scale, so I would certainly not cavil at him doing it; it is absolutely his right. Meanwhile, he has put his concerns and his view of the facts on the record with his customary force.

Oral Answers to Questions

Debate between Lord Mackinlay of Richborough and John Bercow
Tuesday 19th February 2019

(5 years, 10 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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I would not want the hon. Gentleman to feel any sense of social exclusion.

Lord Mackinlay of Richborough Portrait Craig Mackinlay
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One of my constituents, Mark Verrion, is a patient of Kent and Medway NHS and Social Care Partnership Trust. He was first admitted on a temporary basis following an unfortunate but mild episode. He has now been institutionalised for 11 years, and he has been moved over 100 times during that period, often out of area. The trust has 289 out-of-area placements for adult mental health services, which is an increase of 100 over the past year, and the cost to local health budgets is obvious. Does my hon. Friend agree that my constituent and all the other out-of-area patients deserve local health provision to enable them to remain within the trust area?

Taxation (Cross-border Trade) Bill

Debate between Lord Mackinlay of Richborough and John Bercow
Lord Mackinlay of Richborough Portrait Craig Mackinlay
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I am sorry, but that must have passed me by. I know that, to get around the difficulties that were caused by the tampon tax and the significant debate that we had in this Chamber, of which I was a part, the Government agreed to sort of equal the amount that was collected to pass it to charity. So it seems bizarre that we have not taken the steps that are available.

The other thing about going along with the VAT directives and how VAT is managed is that we have been subject to the missing trader intra-community fraud, the so-called carousel fraud, which cost this country £1.7 billion last year. It is estimated to cost the EU as a whole into the tens of billions of pounds. Over the period of the administration of VAT in its current form, it could have cost anything up to £100 billion across the EU. Are we really saying that these failed systems are something that we want to be attached to in perpetuity?

The Prime Minister has said very clearly that we will be in control of our tax policy. Just last week, following Chequers, the Secretary of State for the Environment also confirmed that we cannot actually set our own taxes as we would wish to at the moment because VAT is set in accordance with EU rules. That is another area in which we will be sovereign. Amendment 73 would make sure that, no matter what the future holds, primary legislation will be needed to do this. We cannot have the vestiges of some of the worst VAT rules that anybody could ever imagine remaining on our statute book. For that reason and given that powerful debate on the tampon tax, I certainly hope that others across this House will support that amendment this evening.

John Bercow Portrait Mr Speaker
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Has the hon. Gentleman completed his oration?

Lord Mackinlay of Richborough Portrait Craig Mackinlay
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indicated assent.

John Bercow Portrait Mr Speaker
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He has. We are grateful to him.

Petitions

Debate between Lord Mackinlay of Richborough and John Bercow
Wednesday 4th July 2018

(6 years, 5 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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Thank you. That was a very brief oration from a distinguished Dame.

Lord Mackinlay of Richborough Portrait Craig Mackinlay (South Thanet) (Con)
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I rise to present a petition in very similar terms, on behalf of my constituents. It has been signed by 75 people with similar concerns about local authorities and consultation. It states:

The petitioners therefore request that the House of Commons urges the Government to withdraw the draft guidance and the consultation, until it has put in place an accessible and workable complaints procedure and further has consulted with home educating parents, as it has with Local Authorities, what the contents should include.

And the petitioners remain, etc.

Following is the full text of the petition:

[The petition of residents of United Kingdom,

Declare that the “Home Education—Call for Evidence and revised DfE guidance” has been written following significant consultation with local authorities and no consultation whatsoever with the home education community; further that the consultation is consequently for little more than show as an intention to implement the content has already been stated: further that it seeks to encourage local authorities to breach the ECHR Article 8 and the GDPR; and further that the report provides no accessible means for a parent to address ultra vires behaviour by their local authority, where many of those authorities already act routinely in an ultra vires manner.

The petitioners therefore request that the House of Commons urges the Government to withdraw the draft guidance and the consultation, until it has put in place an accessible and workable complaints procedure and further has consulted with home educating parents, as it has with Local Authorities, what the contents should include.

And the petitioners remain, etc.]

[P002193]

Oral Answers to Questions

Debate between Lord Mackinlay of Richborough and John Bercow
Wednesday 27th June 2018

(6 years, 5 months ago)

Commons Chamber
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Lord Mackinlay of Richborough Portrait Craig Mackinlay (South Thanet) (Con)
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My right hon. Friend might be aware of a petition in Gibraltar for it to have an MP elected to our Parliament. The petition now has close to 10,000 signatures, which is almost half the electorate of the rock. Will he therefore consider backing my private Member’s Bill to give Gibraltar the option of electing an MP to this place and reward Gibraltarians for their unwavering loyalty?

John Bercow Portrait Mr Speaker
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That is an extreme case of shoehorning in a particular concern, but it suffers from the disadvantage of bearing absolutely no relation to the question on the Order Paper. The hon. Gentleman has made his point in his own inimitable and mildly eccentric way, and we are grateful to him for doing so. Let us have a question that is in order.

Points of Order

Debate between Lord Mackinlay of Richborough and John Bercow
Wednesday 20th June 2018

(6 years, 6 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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I am very grateful to the hon. Lady for her point of order. The short answer is that every Member of this House is responsible for the veracity of what he or she says to it. That includes Ministers. If a Minister feels that he or she has erred—and to err is human—and has inadvertently given incorrect information to the House, it is open to, and it would I think be thought incumbent upon, that Member to correct the record. It is not for me to act as arbiter of whether that is required, but the hon. Lady, who is now a relatively experienced and certainly a very dextrous Member of the House, has found the means to register her concern. I feel sure that that concern will be communicated to the relevant occupant of the Treasury Bench ere long. As to what then happens, we await events.

If there are no further—[Interruption.] Yes, I am coming to that. I am extremely grateful to the Clerk, who is very on the ball as always, for his procedural expertise. I was just going to say that if there are no further points of order on other matters, we come now to the point of order from Mr Craig Mackinlay.

Lord Mackinlay of Richborough Portrait Craig Mackinlay (South Thanet) (Con)
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On a point of order, Mr Speaker. I would like to make an apology to the House. In 2001—some 17 years ago—I incorporated a company, Mama Airlines Ltd, on the back of a business idea: the potential for a low-cost airline, with Manston to Malaga a possible route. The company has never traded, has never had a bank account, and has 2p of share capital that I own. That is the entirety of its balance sheet. I have never received reward or remuneration of any kind. It was an idea of its day and, following the tragedy of 9/11, it never came to anything and plans ceased.

It remains a dormant company and, personally, I have never had any subsequent thoughts of creating an airline, nor of using the registered company for any other activity. I had not considered, under any common-sense interpretation of the rules, that such a shareholding of 2p in a dormant company that has never traded would require registration under the Register of Members’ Financial Interests. I was wrong to rely on common sense, as there is no de minimis value threshold once the 15% shareholding limit has been reached.

This business idea is no secret, Mr Speaker. I mention the fact with some pride on public platforms, in the local press, in election literature and to whoever will listen. I would be surprised if there was anyone in South Thanet who was unaware of this long-past business idea. Not surprisingly, Manston airport is a relevant local issue, and I will continue to speak up for an aviation future for Manston, which would bring with it jobs and investment to east Kent.

The registration of my interest will now be recorded appropriately in the Register of Members’ Financial Interests under the rectification procedure. The interest should have been registered from 8 May 2015. Given the registrable interest, it also becomes a declarable one. It would now appear that, under the rules, my shareholding in a dormant company with no assets and certainly no aircraft makes me the ongoing owner of a quite unique airline that is never going to fly. I identify two occasions when a declaration might reasonably have been made. I should have prefaced my speeches on 28 May 2015 and 11 June 2015 with a declaration that I hold 2p worth of shares in the dormant company. I most sincerely apologise to the House for my error and oversight.

John Bercow Portrait Mr Speaker
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I thank the hon. Gentleman for the apology he has given to the House and, if I may say so, for the good humour he has displayed in the course of making his statement. I think it is acknowledged and accepted by the House.

National Minimum Wage (Workplace Internships) Bill

Debate between Lord Mackinlay of Richborough and John Bercow
Friday 4th November 2016

(8 years, 1 month ago)

Commons Chamber
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Lord Mackinlay of Richborough Portrait Craig Mackinlay (South Thanet) (Con)
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My hon. Friend is painting a grand picture. We fully understand your concerns, and I agree with them—

John Bercow Portrait Mr Speaker
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Order. Let me say very gently to the hon. Gentleman that I have not expressed any concerns at all—the debate goes through the Chair. The hon. Member for Elmet and Rothwell (Alec Shelbrooke) may well have done so, and to judge from experience he may wish to dilate further on them before giving the hon. Members for Bury North (Mr Nuttall), for Shipley (Philip Davies) and for Louth and Horncastle (Victoria Atkins), and possibly the hon. Member for South Thanet (Craig Mackinlay) himself, the opportunity to do so. It is important to be accurate about these matters.

Lord Mackinlay of Richborough Portrait Craig Mackinlay
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I am grateful for the advice, Mr Speaker.

I fully understand my hon. Friend’s concerns about wealthy families being the only people who can possibly afford to send their children into internships, but let us get back to what happens in this place. Under the alternative that he suggests, a volunteer contract would be illegal, so we would still have a vast number of youngsters applying to all of us, but some sort of statutory barrier would be saying that that was now impossible. I do not think that is the route we wish to take in allowing youngsters a new experience in life. My experience of the interns I have had—I am one of these evil intern users—is that they have a lot of latitude to do as they please in understanding the work. This Bill would put barriers in the way of good experience.

Parliamentary Sovereignty and EU Renegotiations

Debate between Lord Mackinlay of Richborough and John Bercow
Thursday 4th February 2016

(8 years, 10 months ago)

Commons Chamber
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Lord Mackinlay of Richborough Portrait Craig Mackinlay
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I think the hon. Gentleman would find that 300 years of history makes things rather different. I find the SNP’s arguments really curious, and I really struggle with this one. As for the arguments you make about trade, you are somehow twisting them round to your enthusiasm for the European Union. I tended to agree with you: I did not think that trade would have been at risk if Scotland had left, but you now think that in respect of the European Union.

John Bercow Portrait Mr Speaker
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Order. The hon. Gentleman keeps using the word “you”. He is a partisan and enthusiastic advocate of the British Parliament, and a key tenet of our debates is that debate goes through the Chair. There is no “you” involved, because I have not expressed any views.

Lord Mackinlay of Richborough Portrait Craig Mackinlay
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I apologise, Mr Speaker; it is always exciting when there is an intervention from an SNP Member.

We have to recognise that trade has changed—that the world is now a global place and trade barriers have come down. A lot of these trade areas are good, friendly nations—Commonwealth nations. I always find it very strange that our friends—our kith and kin; our family—extract their wallets and purses and find, lo and behold, a note with a very familiar and loved face on it, but we deny them access to our country, and we are not allowed to speak to them on trade terms, because of course that is done by a Swedish Commissioner—Cecilia Malmström, a former university lecturer. You could scarcely make this up. We have enthused about having the Premiers of China and India over to our country—you entertained them, Mr Speaker, in your House and in this place—and yet it was nothing much more than a charade.

Those on the contra side of this debate will say that the EU is moving in our direction and we have to stay in it to be of influence. Well, I am sorry, but we have tried that argument for 40 long years. We have tried to change things; we have tried to reduce its powers. Try arguing that with the small fishermen in Ramsgate or the small businesses across our country, given all the regulations and red tape! What is the recent history of being at that high table and working from within? In the Council of Ministers, Britain is always on the opposing side. Our PM has been outvoted under qualified majority voting rules 42 times since 2010. It is time, I think, that he was honest with himself and with us that the EU is moving in a different direction.

We will also hear much in the referendum debate about what might be—what could be—with regard to security and justice. I am afraid that that will all just be part of “operation fear” to encourage the electorate merely to acquiesce quietly and gently as we continue the destruction of the sovereignty of our Parliament and this place.

I think we need to go back in time a little. We will go back to 1971—to Edward Heath’s White Paper, in which he said:

“There is no question of Britain losing essential…sovereignty.”

In 1973, he said:

“There are some in this country who fear that in going into Europe we shall in some way sacrifice independence and sovereignty. These fears, I need hardly say, are completely unjustified.”

Papers have been written since by the Foreign and Commonwealth Office that, I am afraid, reveal what was really happening.

What has developed since then? Obviously those papers were produced in the very infant days of what the European Union was trying to become. It has since amassed a number of treaties, directives and decisions, and of course the bulk of ECJ law. For brevity, I shall concentrate on a couple of fiscal matters. With regard to VAT, in particular, we are entirely and completely subservient to EU law. Some months ago, we had a rather entertaining debate about the tampon tax. That really did highlight the fact, perhaps accidently, that we in this place are completely unable to enact any changes to a very key stream of national legislation. We merely walk through the Lobbies, supplicant to what Brussels has told us we must do.

When the Chancellor prepares his annual Budget, he has to start with the £20 billion of gross contributions to the EU—some 30% of our current deficit. Across corporate taxes, in dividends and losses, the primary authority is increasingly ECJ cases. When he seeks new rules to enhance Britain’s investment and entrepreneurial spirit—I cite the enterprise investment scheme and, more recently, the seed enterprise investment scheme—he has to seek permission from Brussels in case they flout state aid rules.

The direction of travel of the European Union is very obvious. I merely quote Angela Merkel:

“we need a political union—which means we need to gradually cede powers to Europe and give Europe control.”

We are simply on the wrong bus. If we do not take this opportunity to leave, it is probably just as well that there is a proposal for a major renovation of this palace to be conducted, because dear old museums need care. This referendum gives us the opportunity to restore this place—to restore to the public of the UK that which should never have been taken away from them.

Psychoactive Substances Bill [Lords]

Debate between Lord Mackinlay of Richborough and John Bercow
Wednesday 20th January 2016

(8 years, 11 months ago)

Commons Chamber
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Lord Mackinlay of Richborough Portrait Craig Mackinlay (South Thanet) (Con)
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For too long, we have seen shops such as Skunkworks proliferate on our high streets, with their number reaching 250 in 2014. They were not just selling new psychoactive substances badged up in attractive packages with names such as GoCaine, Herbal Haze and the like—they were selling, legally and openly, various paraphernalia involved in wider drug use, involving bongs, seeds, pipes, and hydroponic growing and lighting systems. In advance of this Bill, many of these shops have now, thankfully, closed. We had one such shop in Margate that was raided by Kent police, who found 269 banned items and confiscated 52 varieties of what one might call legal highs and herbal tobacco substitutes. Of course, the internet will remain, and will grow, as a source of such products and a source of prescription-only drugs such as steroids.

The number of deaths involving NPSs is low compared with the number involving heroin, morphine and other opiates, and cocaine, but it is substantial enough, with too many young lives being wasted. I therefore welcome the Government’s attempt to clamp down on these substances. My only marginal concern about the Bill is that the definition is very broad—

John Bercow Portrait Mr Speaker
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Order. I hope that the hon. Gentleman is going to leave time for the hon. Member for Newport West (Paul Flynn) to speak as well, and so is bringing his remarks to a close.

Lord Mackinlay of Richborough Portrait Craig Mackinlay
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Yes, I am, Mr Speaker.

By its very intent, the blanket ban must be so, or else we will just continue the game of cat and mouse that has characterised control of these substances to date.

We have heard a lot about Ireland, and I hope that the experience in the UK will be broadly as positive. We did not mention New Zealand, which has also tackled this problem head on.

As I said, I support the Government’s ambition to take action. I remain a libertarian—I am not a killjoy—but these lethal highs have killed too many, damaged others, and are an evil of the kind that this place is here to act on. I hope that the Bill will have its intended consequences, and I support it.

Europe: Renegotiation

Debate between Lord Mackinlay of Richborough and John Bercow
Tuesday 10th November 2015

(9 years, 1 month ago)

Commons Chamber
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Lord Mackinlay of Richborough Portrait Craig Mackinlay (South Thanet) (Con)
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I thank my right hon. Friend for his statement to the House today. I am pleased to see that “rule nothing out” still features large in everything that is said and heard. What vexes me, and I am sure many right hon. and hon. Members, is the best way to achieve that deal and the aims that he has advanced today, which are both welcome and laudable—free trade, immigration and benefits control, sovereignty of Parliament, independent economic governance and the removal of ever closer union. Does he agree that the best way to achieve these aims is very simple—that is, to vote to leave?

John Bercow Portrait Mr Speaker
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Order. I let the hon. Gentleman blurt it out because I did not wish to stop him in mid-flow, but the question, which was more a list, suffered from the disadvantage of being too long, and it would be good to avoid that in future. I say that to be helpful to the hon. Gentleman and to the House.