Preparations for Leaving the EU

Mark Harper Excerpts

Tuesday 8th October 2019 Commons Chamber

[Michael Gove]

My hon. Friend knows that I have enormous respect for her, not just as a parliamentarian but because of her distinguished career in public service in Northern Ireland. I do not believe that it is the Prime Minister’s intention for a moment to undermine the Belfast agreement. The hon. Lady and I have talked in and outside the Chamber about the importance of supporting all those who believe in maintaining the gains of peace over the last 21 years. I do not believe it is the Prime Minister’s intention to undermine it at all. Far from it: we believe that our proposal is consistent with the Belfast agreement, but I understand that there will be people of good conscience who disagree.

[Mr Mark Harper (Forest of Dean) (Con)]

I draw the Chancellor of the Duchy of Lancaster back to the opening part of his statement, where he talked about the prospects of a deal. If the reports this morning are accurate about the call between the Prime Minister and the Chancellor of Germany, they are very worrying. It cannot be the case that we can only leave the EU by leaving part of our country behind. That will not just mean that we will not get a deal by 31 October; it will mean we will not be able to get a deal at all. If that is the position, can I urge him and his Cabinet colleagues to hold fast to our position and urge our European partners to look at the Prime Minister’s constructive proposals and negotiate them over the next couple of weeks so that we can get a deal? I am sure that all those on the Opposition Benches worried about a no deal would be in the Division Lobby supporting it.

[Michael Gove]

My right hon. Friend makes a very important point. In our proposal we have said that the people of Northern Ireland will be subject to the European acquis as it applies to manufacturing goods and agri-foods. That causes some discomfort for some in Northern Ireland, but we cannot accept the idea of a customs border inside our own country. No country on earth would allow a customs border to be erected between its own people. If it is the case—I have not heard that it is —that any politician says that Northern Ireland must stay in the customs union come what may, they are saying either that we should generate dynamic forces that separate our country or that the UK can only leave the EU on terms that the EU dictates. That cannot be acceptable.

Draft European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) (Amendment) Regulations 2019

Mark Harper Excerpts

Tuesday 8th October 2019 General Committees

[The Parliamentary Secretary, Cabinet Office (Kevin Foster)]

I beg to move,

That the Committee has considered the draft European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) (Amendment) Regulations 2019.

It is a pleasure to serve under your chairmanship, Mr Davies. The draft regulations make sensible provision to ensure that, following our participation in the European parliamentary elections earlier this year, the administrative processes necessary after the poll can be carried out and completed. One example is the requirement for relevant electoral officers to store ballot papers and other election documents for 12 months after the poll.

The proposed change will provide for legislation governing European parliamentary elections to remain in place until 31 December 2020, rather than being repealed on exit day, as an earlier statutory instrument—the European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018—provides. For clarity, the draft regulations will apply both to the United Kingdom and to Gibraltar.

Under the 2018 regulations, the legislation relating to European elections will be repealed on exit day, set at 31 October 2019. However, it is necessary for that legislation to stay in place to ensure that we can complete all the poll processes. I have already mentioned ballot papers, but the legislation also covers matters that the Electoral Commission may wish to investigate and the ability of political parties to inspect and obtain the marked register for the next 12 months. Importantly, there are also provisions concerning payment to returning officers for the costs of running the poll. If those provisions were no longer in force, the Government would no longer have the legal authority to reimburse returning officers, so the costs incurred in running the election would end up falling on the local authority concerned, which I am sure the Committee agrees would not be appropriate.

The 2018 regulations include provisions that are not linked solely to the holding of European parliamentary elections, but our approach has been to leave all those provisions on the statute book for a limited period because we believe that keeping the whole of the legislation in force has the benefit of being clear and making it simple for electoral administrators to understand and implement. It also minimises the risk of any adverse unintended consequences. However, I confirm that once we have left the EU, the UK will no longer have any Members of the European Parliament or take part in European parliamentary elections, whether scheduled or by-elections, as the EU law obligation to do so will have fallen away. The draft regulations will not change that position.

[Mr Mark Harper (Forest of Dean) (Con)]

Having looked carefully at the explanatory notes, I cannot see anything that needs to remain in force for more than 12 months from the date of the poll. Will the Minister explain why the regulations are remaining in force until the end of next year, rather than just a year after the poll?

Secondly, the Minister said that certain things in the regulations are not specifically connected to the European elections. Could he set out their scope, not in detail but briefly, just so that people can work out that there is no funny business going on and that nothing is being smuggled in under cover?

[Kevin Foster]

There is no funny business being smuggled in. A report by the Joint Committee on Statutory Instruments covers some of the areas that my right hon. Friend may wish to look at, but there is certainly no funny business being smuggled in. However, it was felt easier to retain the whole piece of legislation, rather than leaving electoral administrators to satisfy themselves which parts of it are still in place.

Why are we retaining the legislation until the end of next year, rather than for just a year? As my right hon. Friend will be aware, if the law were quite tight about finishing off within the year, it would effectively bring to an end any investigation that had started just before the year deadline. There are also issues relating to payments to returning officers that might take slightly longer than a year to resolve if there were a dispute. We believe that, by 31 December next year, all processes should have been concluded, allowing some time for challenge or even, perhaps, for a brief extension, which could be granted by a court. At the moment, we are not aware of any processes that are there. However, there would be a final deadline of a year for those. It therefore makes sense to retain these provisions slightly beyond the end of the strict year of legal limitation.

It is possible, for example, that a police investigation started shortly before the year’s deadline could apply to a magistrates court to extend that deadline. Setting the deadline at a year would effectively bring a statutory bar into concluding that process. If we were still, for example, debating a payment amount with a local authority—or returning officer, effectively—we would not be able lawfully to make the payment if the legislation had been repealed. We believe that 31 December next year gives not only the year but more time to resolve any outstanding issues, and it is a clear and understandable date for repeal; the legislation will be enforced through 2020, but will then be repealed on 31 December 2020, bringing clarity to the process.

It is probably worth saying that the Cabinet Office has engaged on the proposed change with the Electoral Commission, representatives of the Association of Electoral Administrators, the Electoral Management Board for Scotland, the Society of Local Authority Chief Executives and Senior Managers, the Wales Electoral Coordination Board, the devolved Administrations in Scotland, Wales and Northern Ireland and the Government of Gibraltar. The Electoral Commission and other bodies agree with the Government’s approach in the instrument and consider it sensible, given that the UK took part in the European parliamentary elections in May 2019. We have also kept the parliamentary parties panel informed of the position with the instrument. I therefore commend the instrument to the Committee.

Parliamentary Constituencies (Amendment) Bill (Thirty Second sitting)

Mark Harper Excerpts

Committee Debate: 32nd sitting: House of Commons
Wednesday 10th July 2019 Public Bill Committees

[Afzal Khan (Manchester, Gorton) (Lab)]

I beg to move, That the Committee do now adjourn.

It is always a pleasure to serve under your chairmanship, Mr Owen. I thank Committee members for being here once again. They may be interested to know that this is the 32nd sitting of our Committee; it is also our last meeting before the summer recess.

I will not go into detail about the sheer disappointment that I have felt at the lack of progress over the past two years. However, I think it is important at this stage to reflect and review. It has been my aim from the outset to enhance our democratic process. By maintaining the number of MPs at 650 and ensuring that boundaries have a more equal number of voters in each seat, we will guarantee free and fair elections—and given the current political climate, an election could be imminent.

As it stands, the boundary review is completely undemocratic and seeks to reinforce the power of the Executive at the expense of Back Benchers. With a new Prime Minister on the horizon, I urge the Government to bring these proposals forward, so that the House can make a decision and we can finally make much-needed progress.

After 32 sittings, it is evident that the Government have run out of excuses. There is simply no reason why the necessary orders should not have been drafted. I am fully aware that my Bill has cross-party support, and I hope that the summer recess will provide an opportunity for the Minister and the Government to seriously consider the Bill’s proposals. On that note, does the Minister care to provide any updates?

I wish hon. Members a great recess and look forward to seeing them all in October.

[Mr Mark Harper (Forest of Dean) (Con)]

I congratulate the hon. Member for Manchester, Gorton on persevering with his Bill through our Committee sittings. I reinforce what I have said previously, which is that I think that there will be a time to consider his Bill, but it is not now; it will be when the House has had a chance to consider the orders.

I join the hon. Gentleman in asking the Minister for an update, although I am a little more cautious about the timetable. I remember that in an earlier sitting the Minister—I cannot remember whether it was the present Minister or his predecessor, my hon. Friend the Member for Norwich North—set out some historical precedents for how long previous Governments, of other parties, had taken to get some orders drafted. I seem to remember that when Labour was in power, a set of orders took up to 10 months to be drafted. It would be interesting to know what progress we have made, but even if we were proceeding apace, it would not be unreasonable not to have concluded the process. When the orders are drafted and put before the House, that will be the time for the Government to consider whether they wish to bring forward a money resolution, so that we will have a chance to consider the Bill.

I congratulate the hon. Member for Manchester, Gorton on his perseverance, and look forward to hearing from the hon. Member for City of Chester as Opposition spokesman, and from the Minister.

[Christian Matheson (City of Chester) (Lab)]

I pay tribute to my hon. Friend the Member for Manchester, Gorton, whose resilience and persistence in this matter is an object lesson to us all.

This could well be the Committee’s final sitting. My hon. Friend reminded us that this is our last meeting before the summer recess; the memory of the last meeting before last year’s summer recess only enhances our frustration on the Opposition Benches. If certain hon. Members—not on the Committee, I hasten to add, but in the Government party—get their way and Parliament is prorogued, this will indeed be our last sitting, and my hon. Friend’s Bill will fall. However, that will not take away the need to bring the proposals before the House, as the right hon. Member for Forest of Dean notes. The sooner we get those, so that the House can make a decision, the better. It is not acceptable that the Committee has taken this long to achieve absolutely nothing; the sooner we get this matter dealt with, the better.

I will leave it at that. I wish all Committee members a pleasant recess. As always, I shall be working in my constituency, and I am sure that they will be doing the same.

[The Parliamentary Secretary, Cabinet Office (Kevin Foster)]

It is a pleasure to serve under your chairmanship, Mr Owen. The Committee may find it helpful, in deciding whether to adjourn, if I update it on the judicial review against the Boundary Commission for Northern Ireland. I am sure that Committee members are aware of those proceedings, but I stress that the BCNI is independent of the Government, and that the Cabinet Office was not party to the original proceedings.

The High Court of Northern Ireland has now issued its judgment in relation to the judicial review. It has concluded that the Boundary Commission for Northern Ireland erred in law procedurally, and fettered its discretion by setting a high threshold for making changes at the last of the three statutory stages of consultation that it had followed. The Court had indicated that it was considering ordering the Minister for the Cabinet Office to attach a declaration to the boundary order, when it is brought forward, stating that the Boundary Commission’s consultation contained an error of law. To be clear, the Court has not struck down the order; it has merely made that statement.

We made submissions to the Court to argue that that was not an appropriate remedy, given the separation of powers between the Court and Parliament. The Court listened to our concerns, and its final order states that it has accepted our position, and has agreed not to order the declaration to be attached to the boundary order. The Court has made it absolutely clear that the Boundary Commission for Northern Ireland took all the steps that it was required to take by statute; it has not quashed the Boundary Commission for Northern Ireland’s report.

As Committee members would expect, the Government have closely followed the judicial review. We are also conscious that both the applicant and the Boundary Commission for Northern Ireland have six weeks to decide whether to appeal the Court’s judgment, which will obviously have implications for the timetable of the boundary order.

I wished to update the Committee on the matter. I hope that hon. Members will be content with that explanation.

[Mr Harper]

Before the Minister sits down, I have two questions. First, am I right in thinking that until the appeal period is concluded, the Government cannot continue drafting the orders, or bring them before the House? Secondly, once the appeal period has concluded, or an appeal is heard and decided on, assuming that the Court does not quash and overturn the work of the Boundary Commission for Northern Ireland, will the Government be in a position to make further progress, albeit with the constraints set out by the hon. Member for City of Chester about the potential end of the parliamentary Session?

[Kevin Foster]

rose—

Oral Answers to Questions

Mark Harper Excerpts

Wednesday 5th June 2019 Commons Chamber

[Mr Lidington]

At the risk of repeating myself, under this Government, and under the stewardship of anyone on the Government Benches, the NHS is not going to be up for grabs in a trade negotiation with the United States or with anybody else at all. When the hon. Lady talks about the need for a voice for Scotland, she ought to have more confidence in the ability of herself and her colleagues to represent the interests of Scotland here in debates and in the Committees on which they sit. At the moment, they are leaving it to my 13 Conservative colleagues to be the true voice of Scotland.

[Mr Mark Harper (Forest of Dean) (Con)]

Q4. I know from personal experience what it takes to win a seat from the Labour party, and hold it. Does my right hon. Friend agree that every community in this country needs a strong voice in this place? The people of Peterborough have the opportunity tomorrow to elect Paul Bristow to give them that voice and to replace the failed Labour MP who ended up in jail.

[Mr Lidington]

I very much endorse what my right hon. Friend says, and I believe that, in Paul Bristow, Peterborough would have a formidable champion for the interests of the residents of every part of that constituency.

Parliamentary Constituencies (Amendment) Bill (Thirtieth sitting)

Mark Harper Excerpts

Committee Debate: 30th sitting: House of Commons
Wednesday 24th April 2019 Public Bill Committees

[The Chair]

I welcome Members to the 30th sitting of the Bill Committee. I hope you all had a good Easter break.

Motion made, and Question proposed,

That, notwithstanding the Order of the Committee of Wednesday 4 July 2018, during further proceedings on the Parliamentary Constituencies (Amendment) Bill the Committee do next meet at 10.00 am on Wednesday 5 June.—(Afzal Khan.)

[Mr Mark Harper (Forest of Dean) (Con)]

I will endeavour to speak briefly. It is a great pleasure to be here at our 30th meeting. I have been to many of them—not all of them. I will happily support the motion moved by the hon. Gentleman when the Committee comes to decide on it.

The only other two things I have to say, if you will indulge me, Mr Owen, are that I wish the Parliamentary Secretary, Cabinet Office, my hon. Friend the Member for Norwich North, all good luck on her maternity leave. The Committee has had a number of maternity and paternity considerations, which perhaps indicates how long it has been going for. Finally, I welcome the Minister, my hon. Friend the Member for Torbay. He has served a long apprenticeship—perhaps too long—as a Parliamentary Private Secretary, which he has conducted with some considerable skill, and I was incredibly pleased to see the Prime Minister recognise his talents. He has been rewarded—if indeed reward is the word—by taking over from my hon. Friend the Member for Norwich North in sitting in the ministerial chair. On that note, having wished him well, I am happy to support the motion.

[David Linden (Glasgow East) (SNP)]

It is, as always, a great pleasure to serve under your chairmanship, Mr Owen. You reminded us that this is the 30th sitting of the Committee. It is a sad indictment that there have been more Committee sittings than I have had birthdays on this Earth, but that is another story.

I also welcome the Minister to his position and once again wish the hon. Member for Norwich North all the best as she goes through the last part of her pregnancy. As the right hon. Member for Forest of Dean said, the Minister had been a PPS on the Bill Committee for some time. In that role, he was often restricted from speaking, so I am sure we are all excited to hear what he has to say, not just about the Bill but about any potential money resolution to it. We will reserve judgment on whether a new Minister means a new approach. I know it is not a fashionable thing to do, but I remind the Committee that the House voted for the Bill at Second Reading and wanted to see it proceed. I hope he will bear that in mind.

If we are to take the Committee seriously—whether we will be here in June is a different story—it is still not too late to bring forward a money resolution. The Government can magic up Fridays, as we have seen in recent months, and if they could do that for a couple of extra Fridays and there is the will in the House to bring forward the money resolution, we could get the Bill expedited. I am sure that the Minister, a reforming Member of this House who will want to honour the House’s will, will stand up in a few minutes to say exactly that.

--- Later in debate ---

[Afzal Khan]

I beg to move,

That the Committee do now adjourn.

Thank you, Mr Owen. Happy 30th sitting of the Parliamentary Constituencies (Amendment) Bill Committee. Traditionally the 30th is the pearl anniversary, but unfortunately MPs’ expenses would not allow me to buy each member of the Committee a pearl. Perhaps I might offer some pearls of wisdom instead.

Hon. Members might notice that the next proposed meeting is not in a month’s time, as has become our tradition, but in five weeks. That is to take account of the possibility of a recess at the end of May. After the chaos of the Easter recess, we will see whether MPs ever get a break again. I hope that after our week off last week, the new Minister has come back rested, refreshed and ready to take on the issue of parliamentary boundaries.

The Tories’ mishandling of Brexit means that we will have to fight the European elections, the local elections next month and a possible general election. There is reason enough there to look at the building blocks of our democracy—constituency boundaries. These elections will no doubt mean more electors, as people register to vote this year, making the proposed 2015 cut-off date for the boundary review even more ridiculous.

Last month, in my role as the shadow Immigration Minister, I took the Immigration Bill through Committee stage. Though it was not a massive Bill, it was longer than this one, and we got through it in two weeks. We should have been done with this Bill a year ago, but we will keep on meeting until we can make some progress. I hope the Minister can assist us further in this progress.

[Mr Harper]

I had not intended to speak, but, as ever, the hon. Member for Manchester, Gorton has provoked me.

On the point that the hon. Member for Glasgow East mentioned about how long it will take to do the statutory instruments, looking at historical precedent, I think I am right in saying—I am sure the Minister will correct me if I am not—that the last Labour Government took around 10 months to get orders drafted on the boundaries issue. It can take a considerable period of time to get these things done. That would take us right through to the autumn of this year. It would be difficult for anybody from the Labour party—or the hon. Member for Glasgow East—to say that anything less than 10 months was unreasonable, since that was the length of time that their own party took when they were in government.

Finally, I want to address the point made by the hon. Member for Manchester, Gorton about the distribution of electors. It is not the number of electors who are on the register at any particular time that is relevant here, but their distribution across the country. The argument about cut-off points, which we have had before, is that even if more electors are registered, if those electors are broadly similarly distributed as at a previous cut-off point, they do not make a material difference in the distribution of constituencies.

As the House of Commons Library analysis showed when we looked at this before, there was no significant material difference in the electors who were added post 2015 for the European referendum or for the 2017 general election. They did not make a material difference in the distribution of seats, so I do not think that the passage of time makes the original cut-off period null and void.

I still think that the Government’s process is the right one—to finalise the Orders in Council, bring them before the House and allow the House to debate and vote on them. If the House passes them, we have our new boundaries. If the House fails to support those Orders in Council, at that point the House and the Government can reflect on the appropriate way forward, the House having taken a decision on the process that has already been under way and is nearing its completion. That is the sensible way for this Committee to consider the matter as it decides whether it wishes to adjourn.

Question put and agreed to.

Election Law Reform

Mark Harper Excerpts

Monday 11th February 2019 Commons Chamber

[Craig Mackinlay]

I am grateful to my hon. Friend, as he has encapsulated the issue in a few brief sentences. I will be expanding on that in the remainder of the debate.

The Supreme Court decision ruled that under section 90C free goods, services or facilities for the “use” or “benefit” of the candidate, arranged either by them or on their behalf, must be included in an election return. In addition, and this goes to the point made by my hon. Friend, authorisation or even, it would seem, full knowledge of the candidate or agent is not required, and only active refusal might—I stress might—be the only possible defence. It is difficult to see how that could be done if the candidate or agent is unaware of the matter concerned or the costs involved.

The Electoral Commission does not come off unscathed by that Supreme Court judgment. Paragraph 28 of it states that

“the Electoral Commission's helpful guidance documents issued over several years, whilst they certainly both address the question of apportionment of expenditure between party and candidate, and deal with the concept of free or discounted services, nowhere appear to alert readers to the possible link between them, nor to the application of the notional expenditure rules to what must sometimes be a difficult exercise of separating local from national expenditure.”

Let us overlay that statement about the Electoral Commission with some of its own written output on the launch of a consultation on a new draft code of practice on 10 September 2018:

“We hope these Codes will make it easier for you to submit your own or your party’s returns, simplifying the process and removing any blurred lines that there might have been”.

It goes on:

“In responding to this consultation you’ll help us to further demystify the process and remove any confusion that you or your party may have over the process of campaign reporting.”

So, we have an acknowledgement by the Electoral Commission of problems in election law and it was admonished, to a degree, by the Supreme Court.

The only reference in the draft code published in September last year to the Supreme Court judgment is a single paragraph on page 4 of a 23-page document, which is as yet without statutory force. That single paragraph says:

“This notional spending falls to be declared as election expenses in the candidate’s return even if the items provided have not been authorised by the candidate, the candidate’s agent or someone authorised by either or both of them, R v Mackinlay and others (Respondents), UKSC 42, 25 July 2018.”

That is it: this fundamental change in interpretation encapsulated in a few lines in a draft code of practice, with no guidance as to what it might mean in practice. If the hope was, to use the Electoral Commission’s words, to demystify and remove blurred lines, the Electoral Commission has comprehensively failed.

[Mr Mark Harper (Forest of Dean) (Con)]

I think my hon. Friend has answered this question, but to pick up the point made by my hon. Friend the Member for North West Leicestershire (Andrew Bridgen), did the Electoral Commission suggest in the draft code of conduct how a candidate was supposed to know, or to be able to account for, that information in any practical way? Or did it leave that open?

[Craig Mackinlay]

My right hon. Friend highlights exactly what he might have expected, but I am afraid he will be disappointed, because that is it. There is not one additional word of guidance as to how this change of interpretation might be administered on the proper battleground of elections.

--- Later in debate ---

[Alex Chalk]

The hon. Gentleman makes a good and fair point, but I would say that the law will inevitably struggle to keep up with every last twist and turn. That is one of the reasons that we need to have an Electoral Commission that is agile and nimble, and can provide assistance to candidates. My first criticism of the Electoral Commission is that it has singularly failed to show that agility and nimbleness. That is not simply an academic criticism; it is echoed in how elections are run, and it means that we do not have a level playing field.

[Mr Harper]

I think that the situation is actually slightly worse than my hon. Friend says. When listening to the speech of our hon. Friend the Member for South Thanet (Craig Mackinlay), it struck me that the Electoral Commission had been quite nimble and agile in some ways, in the sense that it decided to back a legal action that made the current position more complicated and less straightforward. What it actually should have been doing was being less nimble and sticking to the existing understood provisions in the law, rather than trying to change them. There is enough change in the system, as the hon. Member for Wrexham (Ian C. Lucas) says, without muddying up things that everyone in this House thought were very clear.

--- Later in debate ---

[The Parliamentary Secretary, Cabinet Office (Chloe Smith)]

It is a pleasure to be here with you tonight, Mr Deputy Speaker. I thank my hon. Friend the Member for South Thanet (Craig Mackinlay) for raising this issue. I am glad that we have been able to have a lengthy debate in which to fully understand these matters. He has raised a number of important points, and I am glad of the opportunity to respond. I also thank my hon. Friend the Member for Cheltenham (Alex Chalk) for adding his remarks, and all those who have done so through interventions.

First, I do recognise the very difficult time that my hon. Friend the Member for South Thanet has recently gone through. I hope that he takes solace not only from his acquittal but from the further remarks that the judge went on to make about the good faith in which my hon. Friend was operating. It must be said, however, that while he was acquitted, one person in the case was found guilty of breaching electoral spending rules. The rules that govern the spending of political parties and candidates at elections are important. They provide for a level playing field, as has been discussed, both for parties and candidates. The extent of their importance and the seriousness of any breach can be seen in the judge’s remarks during sentencing on the other part of the case. I will not say anything further tonight on the details of that case, but I do want to address the points on electoral law raised by my hon. Friend. The first of those concerns the Supreme Court judgment on notional expenditure, and the second touches on the divide between candidate and party expenditure. A few other points have been raised, but I will focus on those raised by my hon. Friend.

I should say at the outset that the laws that govern our elections are an integral part of the UK’s democratic framework and therefore something that we should be proud of, respect, protect, and aim to promote. They ensure that there is a level playing field for all candidates, parties and campaigners participating in UK elections, provide a level of protection in regulating the registration of campaigners and parties, ensure that election-related expenses are accounted for, and provide checks and balances. In addition, the Electoral Commission, as the regulator, plays an important role in the electoral framework to ensure that candidates, parties and campaigners are complying with the law.

Let me turn first to my hon. Friend’s point about his disagreement with the Supreme Court’s ruling that there should be no additional requirement for a candidate or an agent to authorise the provisions of free or discounted goods or services. He speaks of amending the primary legislation that governs this point and proposes that it could be amended by way of a statutory instrument so that authorisation becomes required in both types of case. The Government are considering this judgment very carefully and will continue to do so, as will I, in the light of the arguments that have been put tonight. There are serious implications for the law on notional expenditure for electoral candidates. We will continue to talk to the political parties to understand the implications for future campaigns and to consider potential solutions. Indeed, I will be discussing this only tomorrow with a cross-party delegation from the other House.

However, one point I would make tonight is on whether this could or should be done through primary or through secondary legislation. That deserves some consideration. It may not be appropriate, entirely, to seek to amend the primary legislation, as proposed, through the use of the order-making power that is found, as my hon. Friend set out, in paragraph 15 of schedule 4A to the RPA 1983. That schedule sets out the general categories of election expenses. His proposed changes would be a fundamental change to the meaning and effect of notional expenditure provisions in that legislation. It is therefore a fair consideration that any such amendment should be done by primary legislation rather than by an order-making power. I offer that to the House in terms of considering the complexity of the change that we might be looking at.

[Mr Harper]

I approach this matter with care, as I have been in my hon. Friend’s position in the past and know how complex this legislation is. May I just probe her on the answer she is giving to my hon. Friend the Member for South Thanet (Craig Mackinlay)? I thought that his solution was not actually making a fundamental change but putting the legislation back to what we all thought it was, and what I think Members had thought they were doing when they legislated in the first place.

[Craig Mackinlay]

indicated assent.

[Mr Harper]

I see that my hon. Friend is nodding. I do not think that he is suggesting using order-making powers to make a big change but saying that we should use those order-making powers to put the legislation back to what we all thought it was before the justices in the Supreme Court made their decision last July.

[Chloe Smith]

I thank my right hon. Friend. As he says, he has stood at the Dispatch Box in this role, and he, too, will have grappled with the intricacies of the RPA, the PPERA, and more besides. I understand his point, which I would answer by way of an example. Only tonight, I have just come from leading a statutory instrument debate on a further election expenses order. I am a very lucky Minister. I have had the opportunity to be part of three of four election-related debates in only one day. That measure was perhaps a more straightforward example of candidates’ electoral spending limits. We therefore have, at this very moment, some very practical examples before the House of what I would suggest is the right use of that order-making power. That was a different order of thing, I would suggest to my right hon. Friend, than even the way that he characterises this proposed change. We do need to consider whether such a thing should be done by ordermaking or in primary legislation. Whatever the genesis of the problem—whether it came from the Supreme Court or from a different source—it is right that we give it that consideration.

[Mr Harper]

Can I just check the Government’s position on this? I know what the view of my hon. Friend the Member for South Thanet is—that the position was clear before last year and the Supreme Court’s decision in July changed the understanding of the position. Is it the Government’s understanding that before the Supreme Court’s decision, the law was clear, as my hon. Friend set it out, and then the Supreme Court changed everyone’s interpretation of it? In other words, do the Government think that there is something that we need to fix, or do they think that the Supreme Court just set out what everyone thought the law was and therefore we do not need to do anything to fix it?

[Chloe Smith]

I think it is fair to say that the Government certainly recognise that the position has been brought into a lack of clarity. The net position right now is that candidates and agents may well be seeking a clearer understanding, and so the question is how to help to provide that. I will come on to ways of doing so.

I want to turn briefly to the arguments put by my hon. Friend the Member for South Thanet about how party and candidate spending rules interact. He is arguing, quite understandably, that the law in this area requires reform as well—again, due to a lack of clarity. The Supreme Court itself acknowledges that separating local from national expenditure can sometimes be a difficult exercise. Certainly, the Government’s view, absolutely, is that ensuring that the electoral framework is well understood and operates effectively is important for all of us. One piece of work that is going on is that since 2017 the Electoral Commission has produced a series of updated non-statutory guidance documents on electoral spending for political parties, candidates and third-party campaigners for parliamentary general elections, local government elections, and other elections. That includes specific guidance on managing spending returns and others.

In addition, the Electoral Commission has been working on new statutory codes of practice for registered political parties and candidates. Those are intended to add clarity and give examples of how the law applies to different kinds of electoral spending. I will make a few points on the codes, which I hope will be helpful, and then on what the Government will do.

The code for candidates clarifies the qualifying expenses for candidates that must be declared in a candidate’s spending return and candidate expenses that are exempted. It provides guidance on the cases or circumstances in which expenses are regarded as incurred for the purposes of a candidate’s election. The code also seeks to provide clarity on notional expenditure, which has been discussed at length tonight.

The code for parties similarly clarifies the qualifying expenses that must be declared in a party’s spending return and includes general principles on all campaign expenditure incurred and on expenses that are excluded. As well as guidance and codes, legislative change is always an option to reform electoral law, and we should look at that carefully.

[Mr Harper]

I am grateful to the Minister for being so generous in taking interventions. Can she set out for the House how the position outlined by my hon. Friend the Member for South Thanet is treated? In other words, if a third party decides to be helpful and spends a candidate’s money on their behalf without their authorisation, how does the code of conduct say that that should be accounted for, in her understanding of the law? The way that my hon. Friend set it out was quite worrying.

[Chloe Smith]

I am not in a position to set that out on the Electoral Commission’s behalf, because it ought to speak for itself. I do not intend that to be a weaselly get-out, but these codes are the work of the Electoral Commission, and it is for the Electoral Commission to hear these concerns, respond to them accordingly and, in due course, lay the codes before the Commons, and I will come back to that.

--- Later in debate ---

[Mr Harper]

The Minister is being generous in giving way. I want to pick up a point she made about the code of conduct. She talked about clarity, but from listening carefully to my hon. Friend the Member for South Thanet, I think that while part of the problem is about clarity, post the Supreme Court’s decision, the issue is not really clarity. The law is clear, because of the Supreme Court’s judgment, but the problem is that the law, as the Supreme Court set out, is not a good outcome because it allows others to cause mischief. This is not about making the law clear; it is about changing the law back to what we all thought it was in the first place, and only we in this Parliament can do that.

[Chloe Smith]

Yes, and this brings me neatly to the concluding part of my remarks. This is precisely the piece that we in the House and the Government would seek to consider, which is whether we should change the law to provide such clarity. The argument has been put very well tonight that there is a lack of clarity. That has been exemplified and expanded on, and the question remains about the consideration of that judgment and its implications for the law on notional expenditure for electoral candidates.

It is right that we continue to talk to the political parties to understand the implications for future campaigns and to consider potential solutions. Indeed, the Government proactively put this forward as a topic of discussion at the parliamentary parties panel, which we use to consult on these issues, last December. As I mentioned earlier, I will be meeting representatives from across the parties as soon as tomorrow to discuss their views.

Oral Answers to Questions

Mark Harper Excerpts

Wednesday 30th January 2019 Commons Chamber

[Karen Bradley]

This Government are committed to ensuring that we meet all our commitments under the Belfast-Good Friday agreement, and that we deliver on the vote of the British people to leave the European Union. That is what we are working to achieve.

[Mr Mark Harper (Forest of Dean) (Con)]

As the Prime Minister develops the alternative arrangements, will the Secretary of State remember that we have an incredibly close working relationship with the Irish Government to deliver the common travel area? It seems to me that that perhaps provides a model for how we might deliver no hard border in the future.

--- Later in debate ---

[The Prime Minister]

The House rejected no deal last night, but I hope that the hon. Lady, when the time comes, will play her part in avoiding no deal and will vote for a deal.

[Mr Mark Harper (Forest of Dean) (Con)]

The Prime Minister knows that I want to ensure that we leave the European Union on 29 March. She also knows that, regretfully, I could not support her deal two weeks ago because of the backstop, its impact on the relationship between Great Britain and Northern Ireland and its potential to trap us in a customs union. I welcome the fact that the House yesterday voted by a clear majority to renegotiate the backstop. If the Prime Minister can deliver that, I will vote for her deal, and I am confident that there will be a sustainable majority to get it and the legislation through the House. I ask my right hon. Friend to tell the European Union that there is a majority in this House for that deal to get us out of the European Union on good terms. I ask my colleagues to give the Prime Minister space; the EU is not going to crumble tomorrow. We are going to have to hold our nerve and we can be successful.

[The Prime Minister]

My right hon. Friend is absolutely right about the importance of the vote that took place last night. Winning that vote with a majority—agreeing what it was necessary to change in the withdrawal agreement in order to achieve a majority across this House—gave a very clear message to the European Union that a deal can go through this House, but it has to be a deal that recognises the concerns that have been expressed across the whole of this House in relation to the backstop. I am going to be fighting for the change that this House has been very clear that it wants to see in the future. Then, as my right hon. Friend says, I am confident that we can see a sustainable and substantial majority across this House for leaving with the deal.

European Union (Withdrawal) Act 2018

Mark Harper Excerpts

Tuesday 29th January 2019 Commons Chamber

[Mr Clarke]

Let me just finish my point. I will give way in a minute.

I heard all the stuff when the Clerks were invoked—the advice of the Clerks to the Government to resist this approach. Of course it is true that the law can only be changed by legislation. That is a perfectly straightforward legal point. But in our constitution, in my opinion, the Government are accountable politically to the non-legislative votes of Parliament. It is utterly absurd to say that Opposition Supply days and amendments to motions of the kind we are addressing today are just the resolutions of a debating society that have no effect upon the conduct of daily government. If we concede that point in the middle of this shambles of Brexit, with all the other things we have to resolve, we will have done great harm to future generations because it is difficult to see how the concept of parliamentary sovereignty will survive such an extraordinary definition.

[Mr Mark Harper (Forest of Dean) (Con)]

May I humbly suggest that the Prime Minister is actually following the will of Parliament, because she is remembering that, two years ago, two thirds of MPs in this Parliament voted to trigger article 50, which leads to the unconditional leaving of the European Union on 29 March? That was the instruction that she was given by Parliament that she is trying to deliver, and our duty is to assist her.

--- Later in debate ---

[Yvette Cooper]

My hon. Friend is right. We should be able to have a calm and measured debate, not all this shouting.

There have been different ways to do this at every stage. Two years ago, the whole House came together when both remain and leave voters voted to trigger article 50. I voted to do so and called at the time for a cross-party commission to oversee the options and negotiations. I called repeatedly on the Prime Minister to consult and to build consent. I went to see Ministers about it, and I went to see them again a few weeks ago to see if progress could be made and to urge them to reconsider the red lines. I made customs union-related proposals to Select Committees and, through the Select Committee on Home Affairs, suggested reforms to security co-operation and immigration as part of the Brexit process. Many of us have called repeatedly on the Government to simply pin down what they think the future of our country and of our relationship will be, instead of this blindfold Brexit in which nothing is resolved.

We have also called on the Government to build consensus. As I said after the general election, if we want a sustainable deal that does not unravel in a year or two and does not end up being undermined because there is so much disagreement, not just in this House but across the country, efforts must be made to build consensus on a deal. None of that has happened, and none of it is happening now either. Instead, we feel more divided and our country feels angrier and more confused than ever. People are sick of all the chaos, and the problem we face is that if we end up with no deal in just two months’ time, that chaos and that division will get worse.

The Prime Minister’s repeated delays mean that there is a real risk that the issue will not be resolved on time. There were 24 months to negotiate under article 50: five of them were used for a general election and another 16 were run down before the Government even came forward with the Chequers plan. It was left until 22 months had gone before we even had a vote in Parliament on the Prime Minister’s deal. There was no consultation on her red lines and Parliament was not given a vote on the mandate.

Those delays and failings are why we are here now. Unless the Prime Minister changes direction and her approach, I fear we will reach the brink. Saying the same things again and again will simply make it more important to have in place my amendment and my Bill, to ensure there is a safety net to prevent no deal on 29 March. I have always believed that the Prime Minister would not let that happen and that she would flinch when it came to the crunch; that she is not the sort of person who would want to make other people suffer because of her delays and mistakes. However, when I look into her eyes now, I am worried that that has changed because she is trapped.

Every time the Prime Minister has had the chance to pull back and reach out, she has done the opposite. Every time she has had the chance to think about the country, she has instead turned to the party. Every time she has had the chance to build bridges, she has instead turned to the hardliners who simply want to set those bridges on fire. That is why I and a group of other, cross-party MPs and Committee Chairs have put forward amendment (b) and this Bill—to try to get the Prime Minister to think again and to make sure that Parliament has a safety net.

The amendment makes time to pass a Bill. It would give the Prime Minister and the Government until the end of February to sort things out. If they have not done so by then, MPs would get a binding vote at the end of February on whether to seek a bit more time and to extend article 50. We should bear it in mind that that would be just one month before the UK could crash out with no deal at all.

Neither the amendment nor the Bill blocks Brexit or revokes article 50—nor should they. They simply give Parliament the right to vote on whether to extend article 50 if time has run out.

[Mr Mark Harper (Forest of Dean) (Con)]

I have looked at the right hon. Lady’s Bill in great detail. Will she confirm that clause 1(5) leaves open the prospect of an amendment being passed that would mean that article 50 could be revoked, not just extended?

[Yvette Cooper]

That is certainly not my intention with the Bill. It is about giving the House the opportunity to extend article 50 if we need more time, and to be able to decide the length of the extension. The whole point is that the motion put to the House would be amendable and those amendments would be binding.

--- Later in debate ---

[Nick Boles (Grantham and Stamford) (Con)]

rose—

[Mr Harper]

rose—

[Dominic Raab]

I will make a bit of progress, and then I will certainly take at least one more intervention.

The Bill nowhere sets out the substance of the approach that the right hon. Lady would seek to pursue. It is not clear if it is the Norway option or the second referendum option. It is neutral—in fact, it is empty—on the substance. I have listened to her carefully and with respect throughout these debates, and I will take her advice. Back in February 2018, she said:

“The Government have said they do not want to be in the single market, but they have not told us what they want instead… the clock is ticking and when you are running out of time, you cannot keep kicking the can down the road”—[Official Report, 5 February 2018; Vol. 635, c. 1212-13.]

And yet that is precisely what her amendment and Bill would do. Just last November, on the 500 pages of the Government’s withdrawal agreement and political declaration, she said to the House:

“This is not a deal for the future; it is just a stopgap… We have no idea where this is heading”—[Official Report, 26 November 2018; Vol. 650, c. 33.]

Again, I gently and respectfully say that her amendment and Bill are vulnerable to the very charge that she herself levelled at the Government and the Prime Minister. Just moments ago—I listened to her speech carefully and with respect—she talked about avoiding a blindfold Brexit, but I am afraid her approach is precisely a blindfold approach.

It is not clear whether the right hon. Lady backs the Norway option or a second referendum, but I worry most that, as she said, the period is amendable. Without her setting out a positive proposal, I am afraid there is the understandable fear that it is a ruse to reverse or frustrate Brexit. There will be people who, because of the absence of her setting out a substantive credible alternative, will fear just that.

--- Later in debate ---

[Mr Mark Harper (Forest of Dean) (Con)]

As colleagues will know, I voted against my party for the first time in my career when I could not support the Prime Minister and the Cabinet’s withdrawal agreement. I felt it breached two very important manifesto commitments, largely around the Northern Ireland protocol, putting barriers in the way of different parts of the United Kingdom and potentially trapping us in an indefinite customs union.

I want to give the Prime Minister the best opportunity to go back to the European Union and secure the changes that are necessary. In my judgment, supporting the amendment tabled by my hon. Friend the Member for Altrincham and Sale West (Sir Graham Brady) provides the best opportunity to support the Prime Minister in her return to the European Union.

I do not want to make her task more difficult. That is why I think it is fundamentally wrong to rule out a no-deal Brexit. The best way to secure a Brexit with a deal is to get a deal before this House that can get its support. My right hon. Friend the Member for Meriden (Dame Caroline Spelman) said she thought there was some merit in ruling out a no deal to get something in return. The problem is that if this House rules out a no-deal Brexit without the Prime Minister getting something in return, that makes her life more difficult. It makes it more difficult for her to secure a deal and less likely that we will get the deal we need to rule out a no-deal Brexit.

The amendment in the name of the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) is flawed for that reason. We have already established that her Bill has a number of problems. I understand that the Labour Front-Bench team is not keen on the length of the delay; her Bill says it would be nine months. I asked her a question and established that the Bill could be used—I accept not by her or my hon. Friend the Member for Grantham and Stamford (Nick Boles), but by others—as a mechanism for cancelling Brexit, against the wishes of the public. The Bill needs more scrutiny than the one day in which it would be rammed through this House.

I say to my right hon. Friend the Member for West Dorset (Sir Oliver Letwin) that it is perfectly proper for the House to look at its procedures, but if it decides to ram through a piece of contested legislation that has not been agreed to in a procedure usually used for emergency legislation agreed by both Front-Bench teams, I think Back Benchers will rue that precedent, because a future Government will use it to ram through legislation without proper scrutiny. I urge the House to reject amendment (b).

Parliamentary Constituencies (Amendment) Bill (Twenty Fourth sitting)

Mark Harper Excerpts

Committee Debate: 24th sitting: House of Commons
Wednesday 9th January 2019 Public Bill Committees

[Afzal Khan (Manchester, Gorton) (Lab)]

I beg to move, That the Committee do now adjourn.

It is a pleasure to serve under your chairmanship in this new year, Mr Owen. I welcome back all Members; I hope they had a good Christmas, and I wish them all also a happy new year. [Hon. Members: “Hear, hear.”] I hope that with the new year, the Minister has had an opportunity to reflect, and perhaps has a new attitude towards this Committee. In 2018, we had a full year in which no progress was made on this Bill—what a disappointment that is. We are fast running out of time for these changes to come in before the end of this Parliament, and I hope the Minister will feel that we should get on with it.

[Mr Mark Harper (Forest of Dean) (Con)]

I will speak briefly this morning, to say to Members that as I have not been to the Committee for a while, I thought that as the new year approached it would be good to re-acquaint myself with old friends. I also wanted to say, having read the Hansard report of the last Committee meeting, that I am grateful that our good friend the hon. Member for Manchester, Gorton got his Christmas present just before Christmas, as the Government did publish the immigration White Paper. I know that he was hoping for that at the last Committee meeting, so I am pleased that that Christmas present was delivered. I do not know whether the hon. Member for Glasgow East got the little note in his stocking from the Minister that he was hoping for; I suspect not.

I am looking forward to hearing what the Minister has to say about whether any progress has been made on drafting the statutory instrument. Obviously, the House’s agenda is very full at the moment with debates on European Union matters, and I know that lots of pieces of legislation that are critical to our exit from the European Union need to be dealt with, so I am not hopeful that the House will find the opportunity to consider this matter at an early stage. However, I look forward to hearing whether progress will be made at the earliest opportunity, and I join you, Mr Owen, in wishing everyone a happy new year.

[David Linden (Glasgow East) (SNP)]

As ever, it is an immense pleasure to serve under your chairmanship, Mr Owen, and I extend my best wishes to all members of the Committee for a happy, peaceful and prosperous new year. I spent yesterday afternoon taking part in a debate on democracy in Uganda—an excellent debate, led by the hon. Member for Stockton South (Dr Williams). In that long debate, it struck me a little that we as Members of the British Parliament are busy quite rightly holding Uganda to account for its lack of democracy, but for almost a year, I have been taking part in a Bill Committee that is considering reducing the number of legislators who can scrutinise the Government just as more powers are coming back from the European Union, and, last year, more than 20 new Members of the House of Lords were appointed. We as Members of the British Parliament have the audacity to lecture other countries about how democracy should work when we are trying to shrink the number of people who can scrutinise the Government in this country. I will leave that thought with Members. I look forward to participating in the Committee from now until we prorogue around March, if we get that far, but it has been an absolute pleasure to be part of the Committee in 2018, and I look forward to many more meetings in 2019.

Oral Answers to Questions

Mark Harper Excerpts

Wednesday 31st October 2018 Commons Chamber

[Karen Bradley]

The hon. Lady is a doughty campaigner for her constituents, and I know that she cares a great deal about ensuring that Northern Ireland is an economic success. I am sure she welcomes the £2 million that has been secured for in-year spending in Belfast to deal with the regeneration following the Primark fire earlier this year. The city deals also play an incredibly important part, but I repeat that devolved government is the way to give Northern Ireland the best opportunities and success, which is why we need to see Ministers in Stormont.

[Mr Mark Harper (Forest of Dean) (Con)]

As the Secretary of State champions Northern Ireland’s businesses around the world, will she remind the European Union negotiators that, in the December joint report, they signed up to Northern Ireland businesses having unfettered access to the rest of the United Kingdom? She should remind them of this, because they seem to have forgotten.

--- Later in debate ---

[The Prime Minister]

EU nationals do not face rejection by this Government. We have been very clear about our commitment to protect the rights of EU nationals who are living here in the United Kingdom when we leave the EU.

[Mr Mark Harper (Forest of Dean) (Con)]

Q4. May I welcome what my right hon. Friend said about Armistice Day? That will be welcomed by the 1st Battalion, The Rifles, who are based in my constituency.The Prime Minister will know that the tax burden is approaching a 50-year high and that we do not help families with the cost of living by raising their taxes, so I am really pleased that we kept our promise to cut taxes for 32 million people. May I ask her to make sure that as the economy grows we continue both to cut taxes and to spend money on our priorities in a balanced way that works for everyone in our country?

[The Prime Minister]

I thank my right hon. Friend for that. He is absolutely right: the Budget did cut taxes for 32 million people, and the rise in the personal allowance will leave a basic rate taxpayer more than £1,200 better off next year than they were in 2010. Helping people with the cost of living is not just about those income tax cuts: the rise in the national living wage next year will give a full-time worker an extra £2,750 in annual pay since its introduction; and of course by freezing fuel duty we have saved the average driver £1,000 compared with pre-2010 plans. We will continue to help with the cost of living with our balanced approach to the economy.