Performing Arts: English National Opera

Debate between Baroness Harman and Robert Neill

Monday 5th December 2022 Commons Chamber

[Sir Robert Neill]

My hon. Friend is absolutely right. That is the whole point. This should not be an either/or. The whole point is to ensure that we have a secure company in London that can do its work, but ENO has been more than willing from the very beginning to do more work outside London. It planned to do a show in Liverpool before the pandemic. As it happens, other cuts elsewhere to Welsh National Opera have meant that Liverpool will get less opera now rather than more. That is a bizarre way of going about things.

[Ms Harriet Harman (Camberwell and Peckham) (Lab)]

I thank the hon. Member for introducing this important Adjournment debate. I agree absolutely with the case he sets out in his speech for the Arts Council decision to be withdrawn. As the hon. Member for Cities of London and Westminster (Nickie Aiken) proposed, the decision should be reviewed, reshaped and should not go ahead. It is baffling and an absolute shame that three people who have done so much for the arts—Nick Serota, Darren Henley and Claire Mera-Nelson—should have made this wrong decision. Will he join me in urging them to withdraw the decision, recognise that they got it wrong and that the ENO has exemplified levelling up, and undo this terrible mistake?

[Sir Robert Neill]

The right hon. and learned Lady is absolutely right, not least because the decision was made with no notice, no prior consultation and no ability for the ENO to go through a proper consultation process with its staff, who may be rendered redundant. I suspect that lays the Arts Council open to judicial review, but I am sure it would not want to get into that position when a compromise solution is readily available.

Touring Musicians: EU Visas and Permits

Debate between Baroness Harman and Robert Neill

Thursday 18th November 2021 Westminster Hall

[Ms Harman]

The hon. Gentleman is absolutely right. Time is not on our side. We all recognise this is an immensely skilled and professional industry that we should protect, and it should not have to move. Our musicians and those who work to support them are highly committed, resourceful and skilled. They say there is a problem that they cannot solve and they need Government action. The Government must reach agreements with all EU countries for consistent regimes so that our musicians can once again tour freely in the EU. As the hon. Gentleman said, they should do it quickly. Plans are being made in the EU that leave out our sector.

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

I am grateful to the right hon. and learned Lady for securing this debate. I declare my interest as chair of the all-party parliamentary group on opera. She has referred to touring bands and orchestras, but there is also a real issue for singers and freelancers. For an individual singer, especially a young singer, trying to negotiate the forms is nigh on impossible. A production of “Peter Grimes”, the great Benjamin Britten opera, which requires an English-speaking cast at the Teatro Real in Madrid, was in jeopardy for months before eventually a workaround was achieved. Even though the situation in Spain has improved, in many places it is very difficult for British singers, and they are not getting the bookings. Bookings for opera companies are made years in advance, which is why we need certainty now.

[Ms Harman]

The hon. Gentleman is absolutely right about that. Plans are being made, and if the Government do not move quickly some organisations will become unviable. Some musicians at the top of their career will feel their best option is to relocate to Europe, and we do not want them to have to do that. Many of the next generation of musicians will never have the opportunity to get into the profession, and to develop their careers, without the financial and artistically important benefits of working in Europe. Whether it is established artists or those just starting out, big organisations or freelancers, our music sector needs the cultural creativity that they get from working in Europe. We do not want to become a musical Galápagos with our musicians locked out of the cultural partnership that is so important for creative development.

I hope the Minister will recognise the weight of opinion, which includes Sir Elton John, Sir Simon Rattle, Howard Goodall, Sting, Judith Weir, Nicola Benedetti, Ed Sheeran, the Sex Pistols, Roger Daltrey, Bob Geldof, Brian May and many more. I pay tribute to the work done by the organisations demanding Government action: the Musicians’ Union, UK Music, the Association of British Orchestras, BECTU, the Incorporated Society of Musicians and Carry on Touring, to name just a few. They all call for a concerted response from the Government to support the sector while matters are being sorted out.

The Prime Minister has said that there is a problem and he promised to fix it. I have talked to the new Secretary of State for Digital, Culture, Media and Sport. She knows about this and I know she wants to sort it. We are genuinely not looking for a political row. We only want a solution, but we need absolute clarity and honesty from the Government. There is no point in telling the sector that the problem is solved if it clearly is not. There is no point in the Government just issuing more guidance. Those involved in the music sector do not need to be told what the problem is. They know only too well and they need the Government to sort it.

Courts and Tribunals (Judiciary and Functions of Staff) Bill [Lords]

Debate between Baroness Harman and Robert Neill

2nd reading: House of Commons
Tuesday 27th November 2018 Commons Chamber

[Robert Neill]

I totally agree. These are useful, practical measures on their own, but they are by no means a solution to the problem. In fact, they are but a very small part of the solution.

I am a bit concerned by some of the Law Society’s suggestions in briefings that some of the broader programme of courts reform is posited on making savings in judicial posts and appointments of about £37.5 million. I hope that the Lord Chancellor—or the Under-Secretary of State for Justice, my hon. and learned Friend the Member for South East Cambridgeshire (Lucy Frazer), when she responds to the debate—will be able to set our minds at rest on that. We can make savings by using staff qualified at the appropriate level in what one might term purely interlocutory or procedural matters, but all the decisions on issues of substance in any case—whatever the sum involved or whatever the nature of the charge, in a criminal case—have impacts on the individuals concerned, and they should, in my judgment, be taken only by properly qualified lawyers in an open court process. That is important.

We cannot allow the valuable nature of this Bill to take away from the fact that we need an injection of resource into the criminal justice system. We are seeing a shortfall in appointments to the High Court bench on a regular basis. A number of hon. Members have talked about the integrity of our justice system and the importance of its legal standing, and the quality of the judiciary is key to that. We also see difficulties in making sufficient appointments—full time, at any rate—to the circuit bench. It is easier with recorders, I grant, because they are able to sit part time, but there is a real issue there.

There is also a real issue, as my hon. Friend the Member for Cheltenham knows, about morale. I think that the Lord Chancellor and the Under-Secretary of State understand that and take it on board. I do not expect them to be able to wave a magic wand and solve everything overnight, but it is important to stress these things. Technical changes are useful as far as they go, but they cannot underpin what is essentially a people-based system.

[Ms Harriet Harman (Camberwell and Peckham) (Lab)]

I pay tribute to the excellent work that the hon. Gentleman’s Committee does on these and many other issues. I agree that there were perhaps things in the Prisons and Courts Bill that have not found their way into this Bill. He may agree that we should, none the less, take the opportunity of this Bill to try to sort out the problem of the previous sexual history of victims in rape trials being dragged through the court and used by the defence in an irrelevant way to undermine the complainant’s evidence, sometimes when applications are not even made to introduce this material. Does he agree that this Bill is an opportunity to deal with that problem? We know that this is happening, and it undermines getting rape convictions.

[Robert Neill]

I very much respect the point that the right hon. and learned Lady is making, but I must say to her frankly that I am not convinced that this Bill is the appropriate vehicle for dealing with that issue, although it is a real one, simply because the Bill is very tightly drawn in scope and relates to function. What she wishes to do—I understand why she may wish to do it—would have significant impacts on the operation of the law of evidence, which is a consideration that deserves to be looked at on its own. We probably have a shared view as to what we might want to achieve, but I am not sure that this Bill would be the right one to achieve it.

We do need to look very carefully at the whole approach to the way that previous sexual conduct is dealt with in rape and other sexual offence cases, but we also have to bear in mind—I say this as somebody who prosecuted and defended in these cases—that we should not assume that these issues will never be relevant to the key issue in the case. A balance has to be struck, and very often that is a decision that can only be taken by the trial judge in the light of the submissions made by the parties. I would not want us to restrict the ability of the trial judge to make that decision, because they are best placed to do that. However, the right hon. and learned Lady’s point about failure to follow the procedures and make proper application in advance, and enforcement of those procedures by the judiciary, is an important one that we certainly ought to take forward.

[Ms Harman]

Can I go back to plan B, then? Even if the hon. Gentleman thinks that the Bill is not the right place to address such a considerable evidential problem—and there is controversy around this—would he not, at the very least, like to see tucked in under clause 3, “Functions of staff”, an obligation on staff to record, when an application under section 41 of the Youth Justice and Criminal Evidence Act 1999 is made, what evidence was brought forward and what the result of the application was? There is an absence of evidence about what the courts are actually doing. That enables them to say that there is not a problem, when evidence such as that brought forward by Vera Baird, the police and crime commissioner for Northumbria, says that there is a problem. Does he agree that this Bill could at least get us recording that very important information?

[Robert Neill]

That is a very interesting and constructive point, because we do want to have an evidence base. Again, the only caution I have is this: is it appropriate to do that through a form of statute, or is it better done through placing that requirement in the criminal procedure rules? I am going to talk about the procedure rules in a moment. Either way, there should be a means of capturing that information, and I am very sympathetic to doing so. Perhaps the right hon. and learned Lady and I could talk with others about the best way forward on achieving that, because it should certainly be possible, with modern court technology.