Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill
Debate between Lord Lansley and Baroness Primarolo(10 years, 10 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Leader of the House of Commons (Mr Andrew Lansley)
I beg to move, That this House agrees with Lords amendment 16.
Madam Deputy Speaker (Dawn Primarolo)
With this it will be convenient to take the following:
Lords amendments 17 and 104 to 107.
Lords amendment 108, and Government motion to disagree.
Lords amendment 19.
Lords amendment 20, and amendment (a) thereto.
Lords amendments 21 to 25.
Lords amendment 26, and Government motion to disagree.
Lords amendment 27, and Government motion to disagree.
Lords amendments 28 to 54.
Lords amendment 55, and amendment (a) thereto.
Lords amendments 56 to 58.
Lords amendment 59, and amendment (a) thereto.
Lords amendments 60 to 74, 109 to 116 and 18.
Lords amendment 75, and amendment (a) thereto.
Lords amendments 76 to 98.
Lords amendment 99, and amendment (a) thereto.
Lords amendment 100.
Mr Lansley
Lords amendments 26, 27 and 108, with which the Government disagree, relate to constituency limits and staff costs. I ask the House not to support amendments tabled by hon. Members to Lords amendments 20, 55, 59, 75 and 99.
After the Bill was last seen by the House, during consideration in the House of Lords, the Government undertook a further six-week consultation with interested parties—on part 2 of the Bill—that built upon the Government’s already considerable engagement with many campaigning groups. During the consultation, which took place between Second Reading and the Committee stage of part 2 of the Bill in the Lords, the Government held detailed, important and exhaustive—and sometimes exhausting—talks with some 50 organisations. Those discussions informed the Government amendments, with which the Lords agreed. As the House will have discerned from my opening remarks, many amendments—100 in total, encompassing 20 substantive issues—to part 2 have returned from their lordships, and we propose to accept all but three of them. The amendments, agreed in consequence of our discussions in the Lords, represent a considerable body of work undertaken in that House, and we are grateful to their lordships for that work.
The changes are designed to address the practical concerns raised by third parties, while preserving the important principles of transparency that underpin part 2. The amendments reduce the burden on smaller third parties who campaign at elections, ease the transition to the new regime and clarify the regulatory rules. That last point is important, because it became clear during the consultation that concerns often stemmed from a lack of awareness of the existing rules in the Political Parties, Elections and Referendums Act 2000.
As the House will recall, the PPERA established a framework for the regulation of non-party campaigning at elections, and many of the representations derived from an objection not to the Bill, but to how the PPERA rules, in the view of those making the representations, would have worked. This debate has enabled us to introduce amendments that meet many of the concerns raised, to clarify how charities and campaigners can legitimately campaign on policies and issues without falling subject to the election law regulatory regime and, where they may fall to be regulated, to reduce the burdens of compliance and ensure that small-scale campaigns are exempt from that regime.
The House will recall that before the Bill was sent to the Lords, we made significant changes to it here. In particular, we returned to the definition of “controlled expenditure” in the PPERA—in other words, expenditure
“reasonably regarded as intended to…promote or procure the electoral success”
of a party or candidate—but narrowed it slightly so as not to include the additional limb about enhancing the standing of parties or candidates. We had, therefore, already made some clarifications to the Bill before we sent it to their lordships.
Of those changes, the National Council for Voluntary Organisations, one of the largest and most prominent umbrella bodies representing charities and the voluntary sector, said:
“The government’s commitment to abandon the change to the test of what constitutes non-party campaigning is a significant step in the right direction.”
Mr Lansley
Yes. The registration threshold is the threshold of expenditure at which one is required to register, and all the limits for the registration threshold and the total spending limits are in relation to the definition of controlled expenditure which includes staffing costs for third parties.
Lords amendment 20 increases the spending limits—not the registration thresholds—for Scotland, Wales and Northern Ireland by £20,000 each. This is an increase from the levels set in the Bill when it went to the Lords. The new limits will be £55,400 for Scotland, £44,000 for Wales and £30,800 for Northern Ireland. Campaigners have argued that the spending limits for those parts of the United Kingdom were disproportionately low—so low in fact, that they might force campaigners to step aside and not participate in elections. It has never been our intention to prevent third parties from campaigning altogether. They are a key aspect of the democratic process and, to ensure they remain so, the spending limits have been raised to more suitable amounts.
Lords amendment 18 relates to coalitions. It is important to recognise that the Bill did not change the regulatory regime for coalitions, but the debate on the Bill has enabled us to identify a change that will help campaigners that do incur small amounts of expenditure. The Government received many representations on the existing PPERA regime on coalitions. The concern was that the Bill’s provisions would put onerous reporting burdens on them. This fear was particularly pronounced in relation to those who often campaign as part of a coalition.
This new procedure introduces a new framework. A third party may participate in as many coalitions as it wishes. When it takes part in this procedure, it will not have to report for its expenditure, provided it does not incur total spend above the registration threshold—the numbers to which I just referred. The third party would take on the status of a “minor campaigner”. Another third party who agrees to act as a “lead campaigner” in the coalition’s common plan would instead report the expenditure it and the minor campaigner had both incurred. As with the registration thresholds, this provision is also intended to reassure small spending campaigners that new burdens will not be imposed upon them. Indeed, it will reduce the burden compared with the regime in the 2000 Act.
Lords amendment 28 removes the post-dissolution constituency limit of £5,850. Campaigners may now spend the entire constituency limit of £9,750 at any time during the regulated period, or just in the last few weeks before the election if they so wish. That makes it less restrictive and easier to comply with.
Lords amendments 91, 94 and 96 shorten the length of the regulated period for third parties. The regulated period is the time before an election within which only limited expenditure can be incurred, and certain campaigning rules must be observed. Reports must be submitted to the regulator. The regulator, the Electoral Commission and campaigners have argued that they need more time than the Bill would otherwise allow to understand fully the new rules and their responsibilities under them. The Government agree about the need to ensure suitable guidance is in place for campaigners. If the Electoral Commission needs further time to produce this guidance, and ensure it is relevant, clear and useful, the regulated period can be shortened to facilitate that. That is why the regulated period for third parties, for the purposes of the 2015 parliamentary general election only, will be reduced to seven and a half months—starting immediately after the Scottish referendum—instead of the usual twelve months.
Let me stress that the regulated period for political parties is not being similarly reduced.
The Lords have also introduced amendments to allow royal chartered bodies, charitable incorporated organisations, Scottish charitable incorporated organisations and Scottish partnerships to register as a recognised third party. This reflects the fact that the list of bodies that can register as a third party has not been updated since 2000.
The Lords have made further amendments that seek to reduce unnecessary burdens on recognised third parties. As a result, recognised third parties will have to provide a donations report to the Electoral Commission only when they receive a reportable donation of £7,500 or more. There will no longer be a requirement to provide nil reports. In addition, a recognised third party will no longer have to provide a spending return or statement of accounts if it only incurs controlled expenditure below the necessary registration threshold. When a recognised third party has to provide a statement of accounts, this can be sent to the Electoral Commission in a longer time frame—within nine months of the end of the regulated period, if they do not have to be audited, or 12 months, if they do have to be audited.
On non-party campaigning, in order to ensure that the provisions of this Bill are subject to review, Lords amendment 88 stipulates that the Government must, within twelve months of Royal Assent, appoint a person to review the operation of the PPERA provisions, as amended by this Bill, at the next general election. The findings of that review must be laid before Parliament within 18 months of the next general election—that is, by November 2016. The review will provide a unique real-time opportunity to assess how the new regulatory regime is operating, in good time for the 2020 general election.
Lords amendment 87 is not about non-party campaigning. It introduces a new measure to ensure that candidates’ personal expenses will be excluded from counting towards their election expenses limits at local elections in England and Wales. This change will harmonise those arrangements with the existing situation for parliamentary elections, police and crime commissioner elections and Greater London authority elections, at which personal expenses are already excluded from candidates’ expenses limits.
This change has been brought about principally so that disabled candidates are not unfairly penalised for incurring disability-related costs, which can often be quite high. The need for the change became apparent following the creation of the access to elected office for disabled people fund. The fund was established by this Government to provide grants to disabled people who are, or who go on to become, candidates at elections. The fund provides grants to help candidates to overcome any barriers to elected office that might arise as a result of their disability. However, electoral law considered those grants to be personal expenses and therefore deductable from candidates’ election expenses limits at local elections—the one poll where personal expenses counted towards a candidate’s expenses limit.
Lords amendment 87 therefore brings the treatment of personal expenses at local elections into line with the arrangements for other polls where they are already exempt. It would be particularly unfair to penalise disabled candidates standing at local elections for accepting fund grants or even incurring their own disability-related costs. The amendment does not as yet extend to local elections in Northern Ireland or Scotland, as those polls are devolved. However, we will work with the respective Governments to ensure that there is consistency.
Much work has been done in this House, in the Lords and with external stakeholders to ensure that the Bill meets the principle of enhanced transparency for third parties who want to influence the outcome of elections, while preserving the essential freedom to speak out on issues. I should like to thank those who have contributed to the debates, and I reiterate my thanks to my noble Friends in the House of Lords. As has been said many times before, the purpose of the Bill is to bring greater awareness and clarity to campaigning activity. I believe that, through these amendments, that is what we can achieve.
Madam Deputy Speaker (Dawn Primarolo)
I now have to announce the result of the deferred Division on the question relating to the draft civil legal aid regulations. The Ayes were 304 and the Noes were 231, so the Question was agreed to.
[The Division list is published at the end of today’s debates.]
Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill
Debate between Lord Lansley and Baroness Primarolo(11 years, 1 month ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Madam Deputy Speaker (Dawn Primarolo)
I call Graham Allen; Ministers must wait.
Health and Social Care (Re-committed) Bill
Debate between Lord Lansley and Baroness Primarolo(13 years, 2 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Madam Deputy Speaker
Order. I just remind the hon. Gentleman that the timetable for the debate was not set by me. I am merely assisting the House to meet its deadlines.
Mr Lansley
I am grateful to my hon. Friend the Member for St Ives (Andrew George) for the additional time, and I appreciate what he said in his speech. On securing continuing access to essential services, we are in exactly the same place. If a service is essential, it will be the responsibility—and, indeed, the objective—of the commissioners of that service to make it clear that they expect the regulator, or the administrator on the regulator’s behalf, to secure access to those services.
That was one of the three points that the hon. Member for Leicester West (Liz Kendall) mentioned. I thought that she made rather a good speech, but its basic premises were flawed. She also said that Monitor would be responsible for making decisions on what happened to services in the event of a failing or failed provider, but that is simply not true. The whole point of this group of amendments, including new clause 6 and amendments 198 and 199, is to make it clear that commissioners will lead in those circumstances. The proposed structure in the event of failure, through the administrator and the regulator, must be led and approved by the commissioners, who will be clinically led. The fact that the hon. Lady can look at the consultation with, for example, clinical advisors and clinical senates, does not preclude the fact that it will be local clinicians leading the process. Nor does it preclude the fact that local authorities will have an opportunity to intervene, through the scrutiny powers that the amendments will bring in. Indeed, even the Secretary of State will have the opportunity to intervene. It will not simply be a matter of Monitor doing this; the process will be led by commissioners and clinicians, and local people will have the opportunity to intervene.
The hon. Lady also mentioned competition. The Labour party seems somehow to have turned against competition, in a complete shift from where it was in 2006. My hon. Friend the Member for Southport (John Pugh) said that we were bringing in Blairite health reforms-plus, but I think that we are doing something altogether more coherent, purposeful and positive. I would far rather that the comparison involved the focus on quality that the noble Lord Darzi brought in when he was a Health Minister. In so far as Mr Blair pursued these objectives when he was Prime Minister, I think that we are doing it much better.
The amendments, and the Bill, will not allow discrimination in favour of the private sector in the way that the last Labour Government did. We are going to stop that. We are going to stop cherry-picking, because variation in price could not be by virtue of the specific characteristics of the provider. Clause 58(10) makes it clear that Monitor cannot discriminate in favour of the private sector. When the hon. Lady’s predecessor as Member for Leicester West, a previous Secretary of State, set a target for the private sector’s proportion of activity in the NHS, she was wrong. We are not going to do that. The only objective is to secure providers that deliver the best quality for patients. That is what we are all about.
I am grateful to other colleagues for their contributions to the debate, to which I cannot do justice. My hon. Friend the Member for Boston and Skegness (Mark Simmonds) asked whether commissioners would lead improvements in quality. The commissioning board will sort out disagreements, monitoring the commissioners, and together they must draw up plans to deal with providers that have failed.
My hon. Friend the Member for Southport asked whether Monitor or the Office of Fair Trading would deal with mergers. If we were to decide that it should be Monitor, the OFT would still have jurisdiction through its merger regime, so we would be duplicating that regime. I can assure my hon. Friend that, when the OFT is involved in any FT mergers, it will seek sectoral advice from Monitor, and that patient’s interests will always be central to the considerations during the merger.
The hon. Member for Easington (Grahame M. Morris) and other Labour Members were going on about the takeover of failing hospitals by foreign companies. Let me make it clear to them that the last Government, in the National Health Service Act 2006, enabled the franchising of an NHS trust to a private company. That is the legislation under which the last Government initiated the franchising of management at Hinchingbrooke hospital. The last Labour Government then passed legislation in the form of the Health Act 2009, which would have enabled exactly the same thing to be done for foundation trusts, following de-authorisation. Our proposals would specifically prevent that, because we prevent de-authorisation in that way and we are withdrawing the 2006 legal framework for NHS trusts, which, in the long run, of course, will cease to exist.
This group of amendments is part of ensuring that the NHS is and always will be there when we need it. Through this Bill, we will strengthen our confidence in continued access to the services patients need. By contrast, the Opposition would leave the NHS stranded; they would take it back; they are by turns reactionary and opportunist. I invite the Opposition to withdraw their amendments and, if not, I invite the House to reject them. I understand the positive intentions of my hon. Friends who have tabled amendments, but I also ask them to withdraw them. Strengthened by our continuing commitment to listen and to respond, I invite the House to agree to the Government new clauses and amendments.
Question put, That the clause be read a Second time.
The House proceeded to a Division.
Madam Deputy Speaker (Dawn Primarolo)
I ask the Serjeant at Arms to investigate the delay in the Aye Lobby.
NHS Reorganisation
Debate between Lord Lansley and Baroness Primarolo(13 years, 8 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Madam Deputy Speaker
Order. It was not an opportunity to ask another question, either.
Mr Lansley
The hon. Gentleman has now learned that, if one is trying to pray somebody in aid, it is best not to insult them at the same time.
We have made it clear that we need to protect the NHS now and for future generations through modernisation. Under the Labour party—
NHS Reorganisation
Debate between Lord Lansley and Baroness Primarolo(14 years ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Madam Deputy Speaker
Order. The Secretary of State is indicating that he is not giving way, and that is his choice.
Mr Lansley
Not only is it my choice, but it is a necessity. As you said earlier, Madam Deputy Speaker, 15 Members wish to speak in the debate, and they will be allowed only seven minutes. I shall therefore take less time than the shadow Secretary of State did.
The Labour Administration pursued practice-based commissioning. Labour Members now make up numbers about how many GP-led commissioning consortiums there will be, but under practice-based commissioning there are 909 practice-based commissioning consortiums. The Labour Government did not give them any power, but they established them and they all have costs associated with them; there are 152 primary care trusts. Bureaucracy and cost in the system is legion, and we have to take it out; we have to reduce the number of people.
Under the Labour Administration the number of managers and senior managers in the NHS doubled. Where was the corresponding improvement in outcomes? The number of nurses increased by only 27%. That shows the kind of distorted priorities that were at the heart of the previous Government. They said that all NHS trusts should be foundation trusts by December 2008, but they simply did not bring that about; we are going to make it happen. They set up the idea of a right to request for staff in PCTs in provider services to become social enterprises, but we are the ones who are now bringing that about. Yesterday, I was able to announce 32 more social enterprises in the NHS, where staff are taking responsibility and ownership of the service that they provide, representing 15,000 additional staff and more than £500 million of revenue. If the Labour party is now against all the reforms that used to be part of the process of delivering greater empowerment of staff and patients in the NHS, what is it in favour of? I simply cannot find out the answer to that question any more.
What does represent a radical departure from the past is the fact that we are pressing ahead with the reforms with purpose and pace. I make no apology for the fact that we are going to achieve the changes required in the NHS more rapidly than anything that the Labour party did in the past—because not to do so would prejudice the opportunity to deliver resources to the front line, choice for patients and clinical responsibility for leaders across the NHS.