(7 years, 9 months ago)
Commons ChamberI, too, congratulate my hon. Friend the Member for Aldridge-Brownhills (Wendy Morton) on having taken the Bill so far. As I said on Report, I do not oppose the Bill. I think it could have been so much stronger and more worth while, but that is how it is. Friday business is iterative in nature: once an issue has been ventilated on a Friday, as sure as eggs are eggs, it is probably going to come back on another Friday. Ultimately, the extension of the rights in the Bill to include health bodies and to go beyond journalists is likely to find favour with other Members.
As my hon. Friend said, the Bill is currently limited to extending the powers under section 26 of the Local Audit and Accountability Act 2014 to journalists. We are extending them in a climate in which journalists are under a lot of pressure. Perhaps one exception to that is the fact that a new local newspaper has started in Christchurch this week. The title the Christchurch Times has been revived, and edition one is out this week; I look forward to reading a copy when I get back to my constituency later. That shows that local newspapers are not dying or dead.
Will my hon. Friend tell the House whether he has any intention of becoming the editor of this publication?
(7 years, 9 months ago)
Commons ChamberI beg to move amendment 1, page 1, line 4, at end insert—
‘(2) Subsection (1) shall have effect and be taken always to have had effect from 3 November 1994.”
This amendment would make the repeal of sections 146(3) and 147(3) of the Criminal Justice and Public Order Act 1994 retrospective to the date they came into operation.
I hope that the amendment will find favour with the House and with the Bill’s promoter, my hon. Friend the Member for Salisbury (John Glen), whom I congratulate on having taken the Bill so far.
My hon. Friend is a passionate democrat. Does he not agree that there is something profoundly undemocratic about seeking to make a retrospective change to the law?
I would not use the term undemocratic. If this democracy decides to make some retrospective legislation, that is an act of democracy, but I agree with my right hon. Friend that retrospective legislation must be very much the exception. In my brief remarks, I will try to spell out why I think that the Bill deals with a special situation. We know that Alan Turing, who had been convicted of a criminal offence, was pardoned by means of a retrospective Act. Subsequent legislation enabled other people who were similarly convicted to apply for their convictions to be effectively quashed.
There are other examples of retrospective legislation, but the interesting thing about the Bill is that it deals with a situation that is almost nugatory anyway. The overview of the Bill in the explanatory notes states:
“Whilst the sections are no longer of any legal effect due to other legislation (primarily, the Equality Act 2010 and regulations made under it), repealing them would both be symbolic and would prevent any misunderstanding as to their current effect.”
That seems to me to put this Bill into a completely different category from the norm of Bills that one would seek to have retrospective effect. This provision no longer has any legal effect because of other legislation. If we accept that the Bill is symbolic, what better symbol could there be than to say that at all material times this provision, which was incorporated into the Criminal Justice and Public Order Act 1994 by a Back-Bench amendment, is deemed to have had no effect? It seems to me that my amendment meets the test of special circumstances—a test that, I am the first to accept, we should always apply when considering whether to countenance retrospective legislation.
(8 years, 9 months ago)
Commons ChamberThe short answer is no. I do not think it was ever envisaged that the European Union would be such a manifest failure as an economic entity and would be unable to maintain its share of world trade. We know that since 1972, the EU share of world trade has declined significantly. We know, too, that the EU has not been growing in economic terms in the way people thought would be possible—even to the extent that we now face a situation in which half the new jobs being created in Europe are being created in the United Kingdom, while the other half are being created in the 27 other countries of the EU. When we first joined, the share of trade that the EU had with the rest of the world was significantly higher than it is now, despite the fact that at that time it had many fewer member countries. As the EU has got larger in numbers, its influence over trade in the rest of the world has declined. I do not think that any of that was anticipated by Mr Milne in his pamphlet.
Does not the Bill have a serious drawback if it is seeking to educate the public? Clause 6 seeks to set up a commission that will report within 12 months. If we are supporting this Bill, is not the inescapable conclusion that we are, in effect, arguing for the referendum to be put back two years?
My right hon. Friend is a lawyer, so he knows that he is absolutely correct. The Bill was brought forward back in June and we did not know then what would happen. We did not know when we would get a referendum. Now we know that we are going to get a referendum so I will not ask the House to give the Bill a Second Reading today. It has been overtaken by the welcome fact that we are getting our referendum on 23 June. I hope that when that happens, we will be able to have an objective assessment of the costs and benefits of our membership, although I must say that on the basis of recent events, I am rather concerned about whether there will be such an open and objective assessment by the Government. Still, I live in hope.
We did not get down to that sort of detail, because the feeling was that we are a long way apart on this. There is also a feeling that there is a lot more commonality between the British people and the people of the United States; we share a common language, the common law and a common heritage, and that is very different from the approach of so many other EU countries. On the basis that we have this special relationship with the US, we would be able to prosper and develop our trade together through bilateral open trading arrangements far more effectively than is being done at the moment with the EU. That is an important factor to take into account when assessing the costs and benefits of membership.
I am conscious of the fact that a number of other people wish to participate in this debate, so I will not say much more now. I merely wish to point out that the Bill proposes terms of reference, whereby the independent commission that would be set up to examine the current costs and benefits would be
“taking into account the impact of membership on the UK’s—
(a) economy (including consideration of public expenditure and receipts resulting directly from membership”).
Of course, we know that in round figures we are paying in about £10 billion more than we get back every year. Interestingly, in yesterday’s statement on the EU solidarity fund and flooding the Minister made much of the fact that we would be applying to get some money back from the fund, but he did not think this would amount to anything more, at best, than about the equivalent of one day’s net contributions to the EU. He admitted that even getting back one day’s net contribution would involve an enormous amount of bureaucracy on both sides, which typifies the costs at the moment and how unfair it is that our people should be paying £10 billion net a year to the EU.
My hon. Friend made a prediction earlier. Will he comment on my prediction that if this country is misguided enough to vote to remain in the EU, within a few months our contribution to the EU will go up, because it is totally incapable of keeping within existing programmes and budgets?
I agree absolutely with my right hon. Friend, who brings an enormous amount of experience, not only as a former trade Minister, but as a former Deputy Chief Whip. I am delighted that he is playing a key part in the leave campaign. What is happening in Europe to deal with the migration crisis is breath-taking in its incompetence. We are talking about a major cost; this crisis will potentially cost the EU a fortune. Who will have to contribute to those costs if we remain in the EU? It is none other than the British taxpayer. I think my right hon. Friend’s prediction is right, but I hope we will never see whether it comes to pass because by then we will have left the EU.
(9 years ago)
Commons ChamberMy hon. Friend makes a good point, and perhaps the Minister will reply to it. If we are talking about genuine consensus—in other words, agreement between local authorities—then we do not need amendment 56, which is designed to enable the Government to intervene when some local authorities do not do as the Government think they should be doing. That is essentially what this is about. We might as well face up to the reality that this is a very centralising part of the Bill because it brings power back to the Government to enable them to change the structures of local government boundaries in areas such as Dorset.
Further to the point made by my hon. Friend the Member for Beverley and Holderness (Graham Stuart), if amendment 56 is accepted, could it not, despite the promises from the Minister, be used as a lever against a recalcitrant council to say, “You’d better fall into line or amendment 56 will be brought into play”?
My right hon. Friend knows all about levers, having been a deputy Chief Whip. That is exactly how I envisage this power being used. I am sure that that is why there was an attempt to smuggle it through at the last minute. Now we are, I hope, exposing it for what it is, which is a power grabbed by the Government to try to ensure that they can have the final word and beat their stick against a council that is not doing as they wish it to do.