Early Parliamentary General Election Bill

Debate between Lindsay Hoyle and David Linden

3rd reading: House of Commons & Committee: 1st sitting: House of Commons
Tuesday 29th October 2019 Commons Chamber

[David Linden (Glasgow East) (SNP)]

On a point of order, Sir Lindsay.

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

I am going to deal with the point myself. We are not broadening the debate. Others wish to speak and we are getting bogged down in something that is not relevant to the clause and the amendment. You have answered the question at least five times already, Mr Percy, and I would love to hear from Michael Tomlinson who is next to you. He is desperate to get in.

European Union (Withdrawal) (No. 5) Bill

Debate between Lindsay Hoyle and David Linden

3rd reading: House of Commons & Report stage: House of Commons
Wednesday 3rd April 2019 Commons Chamber

[The Chairman]

I am just trying to see if we can get an indication of where we are up to with the printing and duplication, and why the lists have not been handed out. Nothing is yet forthcoming. Rather than suspend, I will repeat the list and see whether we can make progress with the numbers. The amendments that have been selected are 13, 20—

[David Linden (Glasgow East) (SNP)]

Bingo!

[The Chairman]

We have already had that joke, Mr Linden. Repeat jokes do not count. The other items on the selection list are amendment 21, Government amendment 22, amendment 1, clause 1 stand part, amendment 14, amendment 6, clause 2 stand part, new clause 4, new clause 5, new clause 7 and Government new clause 13. For the benefit of the Committee, I will run through it once more: amendment 13, amendment 20, amendment 21, Government amendment 22, amendment 1, clause 1 stand part, amendment 14, amendment 6, clause 2 stand part, new clause 4, new clause 5, new clause 7 and Government new clause 13. Does that help Members?

Police Employer Pension Contributions

Debate between Lindsay Hoyle and David Linden

Wednesday 14th November 2018 Commons Chamber

[Mr Deputy Speaker (Sir Lindsay Hoyle)]

That is not a matter for me, as the hon. Gentleman well knows. I am sure if somebody wishes to come forward, they can do so, but the Minister did give a very honest, open statement. I have no more to add other than what has been said. I suggest that the Minister continues with the debate unless he has an answer to the question.

[David Linden (Glasgow East) (SNP)]

Further to that point of order, Mr Deputy Speaker.

[Mr Deputy Speaker]

Let the Minister at least answer the point of order first.

--- Later in debate ---

[David Linden]

Further to that point of order, Mr Deputy Speaker. The Minister is of course correct that there will be no press conference, but there is still a microphone outside No. 10 Downing Street and it is being briefed that the Prime Minister will come to that microphone and give a statement. Why is she not coming to the microphone at the Dispatch Box?

[Mr Deputy Speaker]

That is not a matter for me, as the hon. Gentleman well knows, but at least, if nothing else, Members have put a lot on the record tonight.

Non-Domestic Rating (Nursery Grounds) Bill

Debate between Lindsay Hoyle and David Linden

3rd reading: House of Commons & Committee: 1st sitting: House of Commons & Legislative Grand Committee: House of Commons
Tuesday 10th July 2018 Commons Chamber

[Rishi Sunak]

indicated assent.

The House forthwith resolved itself into the Legislative Grand Committee (England and Wales) (Standing Order No. 83M).

[Sir Lindsay Hoyle in the Chair]

[David Linden (Glasgow East) (SNP)]

On a point of order, Mr Deputy Speaker. I beg to move that the Legislative Grand Committee do sit in private.

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

As we both know, you cannot move that motion at this stage.

[David Linden]

Further to that point of order, Mr Deputy Speaker. Can you clarify that the reason that I cannot move that motion is because I am a Scottish MP and have been rendered a second-class Member of the House as a result of English votes for English laws?

--- Later in debate ---

[The Chairman]

Mr Linden, you may wish to judge yourself as a second-class Member, but let me reassure you that I will always treat you as a first-class Member. On that basis, you will still not get your way.

I remind the House that only Members representing constituencies in England and Wales may vote on the consent motion. I call the Minister to move the consent motion.

Motion made, and Question proposed,

That the Committee consents to the Non-Domestic Rating (Nursery Grounds) Bill.—(Rishi Sunak.)

[David Linden]

It is a great honour to serve under your chairmanship, Sir Lindsay, and, indeed, it is a pleasure to serve on this esteemed Legislative Grand Committee of England and Wales. I look forward to making a few observations on the Bill, which has been certified by Mr Speaker as competent for EVEL. It is of course a real pity that, should the Bill divide the Legislative Grand Committee, I and my hon. Friends from Scotland will be excluded from having our vote counted. Indeed, Scottish colleagues have to endure the immense indignity of being ordered by Government Whips to traipse through the Lobby to have their vote discounted in person. It is all incredibly sad. My immense sadness in this regard is founded upon the view that, during the Scottish independence referendum of 2014 and indeed after it, we the people of Scotland were told that Scotland is an equal partner of the United Kingdom. The Secretary of State for Scotland might have strayed off that line a couple of weeks ago, but I am sure that that was a mere oversight on his part.

Today, we have been relegated from legislators to narrators, and so can only speak in the Legislative Grand Committee—and speak I certainly will. Before I continue with my remarks, let me say that I am conscious that I must stick to the strict parameters of this fine Bill. I wish to offer, though, a few thoughts on the English votes for English laws mechanism and, in particular, Standing Order No. 83.

In essence, Scottish Members of this House have become second-class MPs in the House of Commons. EVEL basically excludes MPs from Scotland, and in some cases MPs from nations other than England, from voting on legislation that could have consequentials and affect other parts of the UK. There are also financial implications, as decisions taken for England only can lead to changes to Scotland’s budget from the UK Government.

I rather suspect that the days of the English votes for English laws are numbered, but, for so long as this legislative apartheid continues, I shall continue to be a diligent participant in the Legislative Grand Committee.

--- Later in debate ---

[David Linden]

I do not want my hon. Friend to think that I am coming to the end of my remarks too early. I am only a third of the way through. He is right to pay tribute to the organisations in his constituency, and while I have the floor, I pay tribute to Eddie Andrews of Connect Community Trust in the Wellhouse area of my constituency, who does a sterling job of looking after that allotment. There is a long-standing problem that allotments have not been given the focus that they require, especially in Glasgow. We now have an SNP Administration—

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

Order. Perhaps I can help. If the hon. Gentleman is suggesting that he needs an Adjournment debate, he should apply for one on allotments, because obviously we will not be discussing that as part of today’s debate.

[David Linden]

I am grateful for your guidance, Sir Lindsay. That is much appreciated. I am conscious that scores of MPs from English constituencies will wish to take part in this important Legislative Grand Committee. Members fought for it for a long time; it was the English Parliament. I expect to see hundreds of MPs rush into the Chamber to get to their feet and make their voice heard. There is still time for that, but I shall return to my own remarks.

Tunnel Tech sought to argue that its use of the property constituted that of a market garden. The term “market garden” has no statutory definition, but using several examples of case law, it argued that a hereditament is a market garden if any part of a process of horticulture is carried on there with a view to ultimate consumption by the public, even though the produce of the hereditament is not itself, when it leaves the hereditament, an article capable of consumption by the public or indeed intended for consumption by the public. For the purposes of time, I will not read out the full 2015 judgment; the Chairman is indicating that he would prefer me not to read it out. The judgment found that Tunnel Tech’s use of the property meant that it constituted a plant nursery and not a market garden. The produce of a market garden is suitable for direct or indirect sale to consumers, whereas the produce of a plant nursery is not. I found that fascinating when I read the briefing note for this.

This distinction was important because Tunnel Tech’s operations took place entirely within the buildings. The provision for the exemption of agricultural buildings is found in paragraph 3 of schedule 5 to the 1988 Act. It says, and it is important that the Committee understands this:

“A building is an agricultural building if it is not a

dwelling and—

(a) it is occupied together with agricultural land and is used solely in connection with agricultural operations on the land”

or

(b) it is or forms part of a market garden and is used solely in connection with agricultural operations at the market garden.”

The 2015 judgment noted that paragraph (b) does not include plant nurseries in the definition of agricultural buildings. It is important that we make that distinction. Therefore, a plant nursery that is located entirely indoors does not constitute an agricultural building and is not exempt from business rates. I am a frequent visitor to garden centres and there is one in the constituency of my hon. Friend the Member for Motherwell and Wishaw (Marion Fellows). We in the SNP Whips Office have been there before to enjoy some tea and cake and I commend the garden centre to anyone visiting central Scotland.

It is worth noting that garden centres, including those calling themselves nurseries—I ran an election campaign from a nursery in 2016 in Barrhead in the constituency of the hon. Member for East Renfrewshire (Paul Masterton), but I will not go into that in great depth—are not considered to be agricultural land or agricultural buildings. They are subject to normal business rate liability and will continue to be so if and when the Bill receives Royal Assent.

I can see that some colleagues are getting a bit impatient at the length of my remarks—[Interruption.] The hon. Member for Caithness, Sutherland and Easter Ross (Jamie Stone) says, “Carry on!” I am tempted but I had better not. I know that countless hon. Members from English constituencies will be wishing to take part in this Legislative Grand Committee of England and Wales, so I shall conclude by thanking you for your forbearance, Sir Lindsay, and wishing this Bill a very speedy passage when it goes to their noble lordships.

Question put and agreed to.

The occupant of the Chair left the Chair to report the decision of the Committee (Standing Order No. 83M(6)).

The Deputy Speaker resumed the Chair; decision reported.

Third Reading

Middle Level Bill

Debate between Lindsay Hoyle and David Linden

Report stage: House of Commons
Wednesday 28th February 2018 Commons Chamber

[David Linden (Glasgow East) (SNP)]

On a point of order, Mr Deputy Speaker. I had intended to make this point of order when the hon. Gentleman stopped speaking, but I feel that he might be in the middle of a “Stackhouse filibuster”. Earlier today, Toys“R”Us announced that the company has gone into administration. That has ramifications for the store in Parkhead in my constituency. I have spent the majority of today trying to get in touch with the administrators of Toys“R”Us, with no success. Have you been given advance notice of any ministerial statement tomorrow? How can Members of Parliament do their job if they cannot get in touch with the company to seek security for the staff who work for it?

[Mr Deputy Speaker (Sir Lindsay Hoyle)]

Normally I would not take a point of order at this stage, but as Sir Christopher has only just cleared his throat in making his speech, I recognise that it would be frustrating for the hon. Gentleman not to get in. The matter is on the record now. I have been given no notice of a ministerial statement about the serious issue at Toys“R”Us. I do recognise that you are representing your constituents. I hope that the message has gone out loud and clear that Toys“R”Us should be linking up with the Member of Parliament to ensure that you can represent the rights of the workers there.

Gypsies and Travellers and Local Communities

Debate between Lindsay Hoyle and David Linden

Monday 9th October 2017 Commons Chamber

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

I think you have just done it yourself. I think you just corrected the record. We need not worry.

[David Linden]

I am sad that the debate has descended to this level. If the hon. Gentleman is not happy, I am sure his constituents will be more than happy to Google it.

It is important that we as legislators moderate our language. Some Conservative Members would do well to do that. Gypsy Travellers have suffered enough discrimination, so it is important that we come together, understand our differences and learn from history. The inclusion of a Gypsy, Roma and Traveller history month would be a very good way of reflecting on that, so I support that idea, but I return to my original point: those of us who fail to learn the lessons of history are doomed to repeat it.

[Mr Deputy Speaker]

We now come to Sir Paul Beresford, with a five-minute limit.