Public Health

Lord Harper Excerpts
Wednesday 4th November 2020

(5 years, 7 months ago)

Commons Chamber
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Boris Johnson Portrait The Prime Minister
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The hon. Gentleman is exactly right and has encapsulated the argument that we make. My right hon. Friend the Health Secretary and I have talked repeatedly to Simon Stevens of the NHS and his teams about making sure that throughout this period, we continue to look after cancer patients—those who need the decisive care that the NHS can provide. I do believe that this approach—these regulations—are the way that we can do that.

I know there are many in this House who are concerned about how long these measures might last and that, if people vote for these regulations today, they could suddenly find that we are trapped with these national measures for months on end. So let me level with the House: of course, I cannot say exactly where the epidemiology will be by 2 December, but what I can say is that the national measures that I hope the House will vote for tonight are time-limited. It is not that we choose to stop them. They legally expire, so whatever we do from 2 December will require a fresh mandate and a fresh vote from this House. As I have made clear, it is my express intent that we should return to a tiered system on a local and regional basis according to the latest data and trends.

Lord Harper Portrait Mr Mark Harper (Forest of Dean) (Con)
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Will my right hon. Friend give way?

Boris Johnson Portrait The Prime Minister
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The whole House will share my sorrow and regret at the necessity of these measures, which I know is a perspective shared by my right hon. Friend—I am happy to give way to him.

Lord Harper Portrait Mr Harper
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I have listened carefully to the argument and looked at the data very carefully. What I am troubled by—when I have looked at the basis on which the modelling has been done, both in terms of SAGE and the NHS—is that the modelling does not take into account the effect of the introduction of the tier system and any of the effects of it. I think, therefore, that we have acted too soon, because we are starting now to see the tier system working. The data from Liverpool yesterday, published by Steve Rotheram, is very encouraging and shows that the tier system is working, but the modelling that the NHS is using for its capacity usage does not take into account that introduction at all.

Boris Johnson Portrait The Prime Minister
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My right hon. Friend makes a very important point. He is expressing a point of view that is shared by many people, but, alas, I believe that he is wrong. The facts do not support his view. I looked at the data and, unfortunately, this is what we have: hospitalisations mounting very, very steadily, which, as he knows, are leading indicators of fatalities. We have 2,000 more people on covid wards than this time last week and 25% more people today than there were last week and, alas, 397 deaths tragically announced yesterday —more than we have had for many months. The curve is already unmistakable and, alas, incontestable.

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Lord Harper Portrait Mr Mark Harper (Forest of Dean) (Con)
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I am grateful, Madam Deputy Speaker. You will have understood from my intervention on the Prime Minister earlier that, for only the second time in my 15 years in Parliament, I am not able to support my Front Bench. You will know from our shared endeavours and experience in the usual channels that it is not easy for a former Chief Whip not to support their party, but I do so for the following reasons.

I very strongly supported the tiered approach, and my part of the world, which I am here to represent, has a very low level of the virus. My constituents have been working incredibly hard—businesses and individuals—to keep the virus under control, and there is a very low level of prevalence not just across the community, but particularly among those who are over 60, where the level of virus remains low and, over the last few weeks, has been flat or falling. Certainly in conversation with my directors of public health and my local NHS, no concerns have been raised about the NHS being over- whelmed. That was my starting position.

I listened very carefully to what the Prime Minister set out in his press conference on Saturday, and I looked yesterday at the data that was published, but there are several flaws with that data. First, the modelling that has taken place about the number of deaths is old data, and we already know—my right hon. Friend the Member for Maidenhead (Mrs May) set this out very clearly—that the most extreme of those models is wrong. It has predicted things for dates that have already passed, and it has been wrong by a factor of four or five.

The second thing we know is that the modelling that SAGE has undertaken does not take into account—it is set out very clearly in documents published yesterday—the introduction of the tiered system over the last couple of weeks. Therefore, all the modelling just does not take into account the fact that over half of the country has been placed under tier 2 or tier 3 restrictions. We know from the information published just yesterday by Steve Rotheram, the Mayor of the Liverpool city region, that that region, which was the first region placed in tier 3 restrictions, has seen quite a significant reduction in virus across all parts of that region.

Of course, it is that data from SAGE that has been fed into the national health service, and all of the modelling done by the NHS about its capacity has been based on that SAGE modelling. So if that modelling is wrong, as I believe it is, the NHS forecasts are wrong. It was very interesting that one of the leaked slides last week, which showed the capacity of the NHS being exhausted in the next few weeks, was not used in the presentation by the Prime Minister at the press conference, and no data has been published to substantiate it. That is because, according to that slide, the south-west hospital capacity should have been exceeded already, and it has not, and it is nowhere near being exceeded. Therefore, I simply do not believe the Government have made the case.

One further reason for me is that these regulations also give the power to use reasonable force to enforce them to officers of the state who are not trained to safely use that power. The Secretary of State knows I have raised this on the Floor of the House and with him and his Ministers. I had understood a review was to take place to remove it. That power should only be used by police officers who are properly trained to safely use it. For those reasons, I am unable to support the Government and will be voting against the regulations later today.

EU Exit: End of Transition Period

Lord Harper Excerpts
Monday 13th July 2020

(5 years, 10 months ago)

Commons Chamber
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Lord Gove Portrait Michael Gove
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I am grateful to the hon. Lady for making that point. As the whole House knows, she is a very distinguished NHS consultant and she is right to raise the issue of insulin, along with that of other drugs and medical devices we need. The Health Secretary and his Department are working with mine to ensure that we have stockpiles for any eventuality, but I will look forward to updating her, with the help of my right hon. Friend, in due course.

Lord Harper Portrait Mr Mark Harper (Forest of Dean) (Con)
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I listened carefully to all the questions coming from those on the Opposition Benches about paperwork and checks, but when my right hon. Friend is talking about these issues will he remind the public that more than half of our trade comes from outside the EU, that data is transferred electronically and so there is very little paper, and that we check things only where there is a risk to our border? We do not open every vehicle and we are not going to do it in the future.

Lord Gove Portrait Michael Gove
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My right hon. Friend makes an excellent point. He is right to say that some who comment on these matters sometimes take an antiquated view of customs procedures, suggesting that every consignment is opened by a uniformed figure who pokes around for hours on end. In fact, this is a streamlined electronic process, one which, as he rightly points out, has also seen the share of trade that the UK has with the rest of the world grow and the share it has with the EU diminish, even while we were in the single market. The changes we are making will provide us with an opportunity to be even more effectively integrated with the growing economies of the world.

Oral Answers to Questions

Lord Harper Excerpts
Wednesday 1st July 2020

(5 years, 11 months ago)

Commons Chamber
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Boris Johnson Portrait The Prime Minister
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I congratulate the right hon. Gentleman on returning so fast to the fray on that issue. He is absolutely right, and the best thing I can do is write to him immediately, setting out what we propose to do. There are issues with the DBS scheme, and every MP will have received representations from people who feel that they have been unfairly treated by it. The scheme needs looking at, and we shall do so urgently.

Lord Harper Portrait Mr Mark Harper (Forest of Dean) (Con)
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The Education Secretary has confirmed that he will set out this week a comprehensive plan to get every child back to school in September. I know that the Prime Minister strongly supports that, as do I. The Prime Minister is a great fan of buses. Can he confirm that that plan will also include the significant number of children who depend on buses to get to school, so that they can go back to school in September as well?

Boris Johnson Portrait The Prime Minister
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I can certainly confirm that, and I know that my right hon. Friend the Secretary of State for Education has been working with the Department for Transport on that very matter.

Civil Service Appointments

Lord Harper Excerpts
Tuesday 30th June 2020

(5 years, 11 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Lord Gove Portrait Michael Gove
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I note that the Chilcot inquiry was an inquiry into the conduct of foreign affairs under a Labour Administration. Anyone who has seen how those in the National Security Secretariat discharge their responsibilities under this Administration will know that they consistently speak truth to power.

Lord Harper Portrait Mr Mark Harper (Forest of Dean) (Con)
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May I put on record my thanks to Sir Mark Sedwill for his public service? I served with him when he was permanent secretary at the Home Office, and I served in that Department as Immigration Minister. I know that he brings a tremendous set of skills and has served our country faithfully over many years. Looking at the responsibilities of the National Security Adviser as the secretary to the National Security Council, which covers a wide range of matters, not just national security, it seems to me that David Frost is eminently qualified. That council also has the heads of the agencies and the military chief sitting on it. May I ask the Chancellor of the Duchy of Lancaster whether, given all the threats and challenges facing the country, he anticipates the National Security Council sitting relatively frequently in the months to come?

Lord Gove Portrait Michael Gove
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I am really grateful to my right hon. Friend for making that point; I should have made it earlier. It is the case that when the National Security Council sits, it is absolutely required that the representatives of the various security and intelligence agencies that keep us safe are there, along with key military and diplomatic figures. The National Security Adviser is one of a number of those with expertise, and it is the case that the National Security Council is now meeting more frequently, not least to take forward the integrated review that I know he supports.

Oral Answers to Questions

Lord Harper Excerpts
Wednesday 17th June 2020

(5 years, 11 months ago)

Commons Chamber
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Elizabeth Truss Portrait Elizabeth Truss
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The right hon. Gentleman makes a fair point about the Disclosure and Barring Service. It is something we are looking at, but it is important that we look at this across the board, and that is why we have set up the commission.

Lord Harper Portrait Mr Mark Harper (Forest of Dean) (Con)
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I have a short question. Being out of school really impacts on children’s opportunities. Can the Minister commit to getting every single child back to school in September?

Elizabeth Truss Portrait Elizabeth Truss
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My right hon. Friend is absolutely right. It is vital we get our children back into school. My right hon. Friend the Education Secretary is working very hard on this, and we are doing everything we can to make it happen.

UK-EU Negotiations

Lord Harper Excerpts
Tuesday 16th June 2020

(5 years, 11 months ago)

Commons Chamber
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Lord Gove Portrait Michael Gove
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There will be no question, no impediment and nothing to prevent the citizens of Northern Ireland—whose rights I know the hon. Lady has taken a keen interest in upholding—from securing access to vital medicines or any other goods after we leave the European Union.

Lord Harper Portrait Mr Mark Harper (Forest of Dean) (Con)
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First, I commend my right hon. Friend and our chief negotiator, David Frost, for their resolve in ensuring that we deliver our promise to end the transition period at the end of this year. Can my right hon. Friend confirm that it remains the intention of the Government to negotiate a security arrangement outside the ambit of the European Court of Justice that will ensure that we remain protected from foreign criminals coming into Britain and that we stop criminals escaping the jurisdiction of our courts so that we can bring them to justice?

Lord Gove Portrait Michael Gove
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My right hon. Friend was a very effective Home Office Minister, and he speaks with great authority on these questions. He is absolutely right. We need to be outside the ambit of the ECJ, but we need to ensure that we have security, criminal justice and other forms of co-operation, precisely in order to ensure that we keep our citizens safe and work with the EU to keep its citizens safe.

Oral Answers to Questions

Lord Harper Excerpts
Wednesday 6th May 2020

(6 years, 1 month ago)

Commons Chamber
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Kemi Badenoch Portrait Kemi Badenoch
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This is something that we are keeping a close eye on. We are seeing a disproportionate impact on ethnic minorities, as I mentioned before, but NHS England is the right body to make the decisions on how each and every care organisation should look after its staff. We are not calling for ethnic minority medical staff to be taken off the frontline, as that would disproportionately impact ethnic minority communities, but we are doing everything that we can to ensure that they are protected. With regard to PPE, this is something, as I said earlier, that we have been working round the clock to deliver. We have had more than 1 billion items of PPE delivered to health organisations across the country, and we will continue to ensure that our frontline staff are very well protected.

Lord Harper Portrait Mr Mark Harper (Forest of Dean) (Con)
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What assessment she has made of the effect of school closures in response to the covid-19 outbreak on the life chances of children from working-class backgrounds.

Kemi Badenoch Portrait The Minister for Equalities (Kemi Badenoch)
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We are doing everything we can to ensure that no child, whatever their background, falls behind due to coronavirus. We have already committed more than £100 million to boost remote learning, and we are funding access to IT devices and software focused on the most disadvantaged. It is worth remembering that schools continue to receive pupil premium funding worth around £2.4 billion annually, and that should help to support disadvantaged children during this period.

Lord Harper Portrait Mr Harper [V]
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I am grateful to the Minister for that answer, but there is anecdotal evidence that school closures bear down more heavily on those from already disadvantaged backgrounds. As the Government are able to reopen schools, can we look at any measure that is necessary to enable children from more challenged backgrounds to catch up, including, if necessary, weekend and summer schools? Even if it is not possible to have schools opened fully during those periods, can we look at what we can do to help?

Kemi Badenoch Portrait Kemi Badenoch
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May I reassure my right hon. Friend that this is something that we are looking very closely at? We are working with partner organisations, exploring targeted support options for disadvantaged people while schools remain closed and in the summer break, and considering how best to support pupils to rapidly catch up when schools reopen. He should know that we have already taken prompt wide-ranging action to help schools and parents support all young people, publishing a list of online education resources for parents, launching a new online academy, and working with the BBC to create a package of TV and online materials to support learning at home.

Public Services

Lord Harper Excerpts
Tuesday 28th April 2020

(6 years, 1 month ago)

Commons Chamber
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Lord Harper Portrait Mr Mark Harper (Forest of Dean) (Con) [V]
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The Chancellor of the Duchy of Lancaster will know how important it will be, as we move into the next phase of dealing with coronavirus, to maintain the high levels of public trust that the Government currently have. To avoid any unnecessary confusion, can he set out for the House, for the purposes of the 100,000 testing target, how the Government define a completed test?

Lord Gove Portrait Michael Gove
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My right hon. Friend makes an important point, and there has been some confusion over capacity and tests administered. The target is tests administered, and the figure for the number of tests administered on Thursday, which is the day we have set for the target, will be published on Saturday.

Budget Resolutions

Lord Harper Excerpts
Wednesday 11th March 2020

(6 years, 3 months ago)

Commons Chamber
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Lord Harper Portrait Mr Mark Harper (Forest of Dean) (Con)
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It is a great pleasure to follow the right hon. Member for Birmingham, Hodge Hill (Liam Byrne), because I did not spot in his remarks his declaration of interest as the opponent of the fantastic Andy Street in the west midlands mayoral contest, which coloured his remarks—

Liam Byrne Portrait Liam Byrne
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It is not a financial interest.

Lord Harper Portrait Mr Harper
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I was teasing. It is also a great pleasure because one would not know from listening to the right hon. Gentleman’s remarks and criticism of our economic record that he was, of course, the outgoing Chief Secretary to the Treasury who had to write the note reminding us all that there was “no money”. [Interruption.] I hear the groans from Labour Members, but it is worth reminding them that the difficult decisions we had to take from 2010 onwards were all because we were left an unsustainable budget deficit, the highest in the developed world, and it had to be dealt with.

Liam Byrne Portrait Liam Byrne
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The right hon. Gentleman is a sophisticated thinker, so I will give him a sophisticated intervention. The judgment that had to be made in 2010 was how we closed the deficit. We said that one third of it should be closed by spending cuts and two thirds of it by taxes. The former Chancellor George Osborne changed that judgment, seeking to close 90% of the deficit with spending cuts. That slowed the economy and meant that instead of having falling debt by 2016 we still had rising debt. The judgments were wrong, which is why things went off track.

Lord Harper Portrait Mr Harper
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I fundamentally do not agree with the right hon. Gentleman on that, and I will come on to say a little about tax in my remarks. I do not agree with him because the tax burden is very high and was then. I forget which Opposition Member alleged this, but we have never said that the financial policies of the Labour party in government caused the financial crisis, as that was a much more complicated problem. Our criticism of the Labour Government, particularly under Gordon Brown as Chancellor, was that they assumed when they made their spending judgments that there would be perpetual economic growth and that there would never be a downturn. The root problem is that they were spending too much money, assuming that the tax revenues would continue forever, and when the financial crisis happened and the tax revenues fell, we were spending too much money. That had to be dealt with and we had to make the necessary decisions.

Liam Byrne Portrait Liam Byrne
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I just want to say that the Conservative party backed our spending plans up until November 2009.

Lord Harper Portrait Mr Harper
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I do not agree with that either. We had to make some difficult decisions when the crash happened and they were the right decisions. As the Chancellor set out today, because we made those difficult decisions and put the economy in good shape, we are well positioned to deal with the challenge facing the country and the challenge of tackling the coronavirus.

Jesse Norman Portrait The Financial Secretary to the Treasury (Jesse Norman)
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Might it be worth my reminding my right hon. Friend that bank leverage, which had been 20 times capital for 40 years between 1960 and 2000, on average, went from 20 times capital to 50 times capital in seven years under Labour? Therefore, when the bank crisis struck, it was all the worse because the whole sector was wildly over-leveraged.

Lord Harper Portrait Mr Harper
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Following on from what the right hon. Member for Birmingham, Hodge Hill (Liam Byrne) said, that was a very sophisticated intervention from my right hon. Friend, and I thank him for it.

The Chancellor rightly opened his Budget statement by setting out the challenge facing the economy from the coronavirus. The combination of what was set out this morning by the Bank of England was welcome—both the interest rate cut and, more importantly, the credit easing, enabling the financial sector to be able to support sound businesses that are fundamentally in good shape but that are going to have an economic shock caused by the coronavirus, both on the demand and supply sides. It was very encouraging to hear of the close co-operation between an independent central bank and the Treasury to make sure that both fiscal and monetary policy are being used to deal with the crisis.

Both individuals and businesses listening to the Budget will welcome the many changes that the Chancellor set out—the three big areas he set will be very welcome across the country, including in my constituency. One key issue that he set out, which I think is on the front page of the Red Book and which he referred to when he was doing some media interviews at the weekend, was trust. On Sunday, when he was interviewed on the BBC, the Chancellor said that the Budget

“is going to first and foremost deliver on our promises to the British people.”

That is the headline on the front of the Red Book. He went on:

“I think trust in politics has been undermined by the things that have happened over the past few years. I’m very keen to make sure that we rebuild that trust and that starts with doing the things that we said we would do.”

That means keeping our promises. As you will know, Mr Deputy Speaker, we made clear commitments in our manifesto: to keep costs down for small businesses by cutting their taxes; to borrow not to fund day-to-day spending but to invest in infrastructure—we saw that in the Budget; and to make sure that debt would be lower at the end of the Parliament. We see the percentage of debt to GDP—the measure that really matters—falling across the Budget period.

We also made it clear that we want to make sure that people get to keep more of the money that they earn and that we keep their bills low, whoever they are. We said that we would not raise the rates of income tax, national insurance or VAT. I welcome those promises and am pleased that we have kept them.

However, the issue is not just the letter of those promises, but their spirit. Any voter at the election in December had a clear choice: a party that promised to keep taxes low or the Labour party, which was clearly going to raise them. As the Institute for Fiscal Studies made clear, it was not credible for Labour to say that it would raise them only for the top 5% of earners if it was to spend what it was proposing.

We have to keep the spirit of our promises and not have any disguised tax rises later in the cycle. I mention that because I spotted a report in The Sun about how we might want to raise taxes to pay for social care. It talked about a 2.5% social care tax. I support increasing the resources going into social care, but I do not want us to increase taxes to pay for it. To voters, a tax of 2.5% on their income will be seen as an income tax. I have no idea whether the report is true or idle speculation, but I counsel Ministers that we need to keep our promises. We said we would not increase the rate of income tax, and we should stick to that approach. I also note that the Chancellor’s proposals—other than the coronavirus proposals, which obviously were introduced late in the day—meet the fiscal rules, with a current Budget surplus in each year of the forecast period. I welcome that.

I want to welcome a couple of the specific measures. The fuel duty freeze is important in a constituency such as mine, where people have to use a car to get around easily and there are not a lot of other choices. I also welcome the exemption in respect of keeping red diesel for farmers, for which the Chancellor particularly credited my right hon. Friend the Government Chief Whip—whose proper title is Parliamentary Secretary to the Treasury, demonstrating the value of that role. As a previous holder of it, I thank him for his efforts in ensuring that those who produce our food and drink are rewarded by having their costs kept under control.

In my response to the right hon. Member for Birmingham, Hodge Hill, I said that the tax burden remains at a 50-year high. That is why we need to make sure we keep spending under control. I am pleased that we are going to keep current spending under control, although it is very sensible to borrow for investment in infrastructure. For Conservatives, living within our means should not come to an end: we have to remember that we are spending not our money but taxpayers’, and we have to spend it wisely. Clearly, we need to make sure that we grow the economy faster. I welcome what the Chancellor said about how some of the long-term investment that we are introducing will improve the long-term productivity of the economy by 2.5%, which is what the OBR has said. That investment and the other Budget measures will add half a percentage point to our growth rate.

One way that we will grow the economy is by levelling up across the economy, getting all parts of the United Kingdom to be as productive as London. As a Unionist, I mean not only Wales, Northern Ireland and Scotland, but all parts of England from the south-west to the north-east, and from Cornwall to County Durham. I am very pleased to see that the Government have started to do that with the proposals that they have set out.

In the south-west, we have some important priorities. I was very pleased to see the investment in the A303, which was one of the key asks from my colleagues in the south-west, and in the A417 missing link in Gloucestershire. We also prioritised digital connectivity, and I was pleased to see the £5 billion to be invested in faster broadband through fibre to the premises and the measures to improve connectivity for mobile telephony with the shared rural network, which is very important in areas such as mine. Education funding is also absolutely critical if we are to improve skills. Moving to a national funding formula is incredibly valuable, as is the investment in our further education colleges.

Finally, we welcome the investment in flood defences. About 73 homes in my constituency and many more across the catchment area of the River Severn were affected by the recent floods, so that £5.2 billion investment is very welcome, as is the £2.5 billion for repairing the potholes in our roads, which will be incredibly important for motorists. Overall, I welcome this Budget. The Chancellor, as a new Chancellor facing some very difficult headwinds, put together a fantastic package. As such it should be welcomed by everyone not just on the Conservative Benches but from across the House, and by the British people.

None Portrait Several hon. Members rose—
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Draft European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) (Amendment) Regulations 2019

Lord Harper Excerpts
Tuesday 8th October 2019

(6 years, 8 months ago)

General Committees
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Kevin Foster Portrait The Parliamentary Secretary, Cabinet Office (Kevin Foster)
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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.

Lord Harper Portrait Mr Mark Harper (Forest of Dean) (Con)
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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 Portrait Kevin Foster
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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.