Early Parliamentary General Election Bill

Neil O'Brien Excerpts

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

[Michael Tomlinson]

I am very grateful to my hon. Friend, not least because it means we can hear from other colleagues on this point. It shows that these whispers on the wind are not always accurate. Maybe it was, maybe it wasn’t—we will find out in due course.

[Neil O'Brien (Harborough) (Con)]

Does my hon. Friend agree that, quite apart from the consequences for constituency activities, a crucial consequence of an early Dissolution would be for the business of the House and the threat of losing crucial legislation, such as the Northern Ireland Budget Bill, which is essential if Northern Ireland civil servants are to be paid and a Government shutdown avoided?

[Michael Tomlinson]

That is one of the key points. Thursday is the traditional day, but it is indeed important to ensure that the civil service is up and running in Northern Ireland, and that is the main reason why I will support this measure if it comes to a vote.

Brexit Negotiations

Neil O'Brien Excerpts

Thursday 3rd October 2019 Commons Chamber

[Mr Speaker]

Oh, what a glittering galaxy of stars from whom to choose.

[Neil O’Brien (Harborough) (Con)]

Thank you very much for the personal compliment, Mr Speaker.

The former Liberal Democrat MEP, Andrew Duff, who is the president of the very influential Spinelli group of European federalists, has responded positively to the Prime Minister’s proposals this morning. He said that they are politically astute and that they represent a potential landing zone for a deal. Does the Prime Minister agree that that is positive and that those of us in this House who want a deal and want to avoid no deal now need to respond positively and to engage with his proposals, rather than dismissing them out of hand without even having read the final text?

[The Prime Minister]

I am very grateful to my hon. Friend. I do think that there are many people of all political persuasions who are looking carefully at these proposals now and see them as the way forward. I remember Andrew Duff well, and I am very glad that the proposals are finding favour with him.

Brexit Readiness: Operation Yellowhammer

Neil O'Brien Excerpts

Wednesday 25th September 2019 Commons Chamber

[Michael Gove]

The hon. Lady raises an important point. It is important to recognise that, in the event of a no-deal exit, we will have means by which we can ensure that there is a wide choice of products on our shelves and that, thanks to the efforts made by our retailers, we continue to enjoy the choice, range and plenitude of products we have grown used to.

[Neil O’Brien (Harborough) (Con)]

I met local farmers recently. Like me, they generally support Brexit and are frustrated by those in this House who will vote against any Brexit deal, no matter how good it is. However, they want to know what is happening with the Government’s published no-deal tariff. They want to know whether it will be revised, whether the agriculture section will change and whether we will have a debate on it.

[Michael Gove]

That is a very good point. We published a no-deal tariff schedule in March, and it is going to be updated. It is important to recognise that there was specific protection in that no-deal tariff schedule for agrifood, as a vulnerable sector that requires that additional protection.

One thing I would say, and this question gives me the opportunity to do so, is that there are sometimes those who actively embrace no deal and think it would be the best of all possible worlds. I think that is absolutely not the case; it is far better that we have a deal. There are others who say that, in no deal, there will be consequences that are almost biblical in their horror. The truth is that no deal will generate challenges, particularly for the agrifood sector. That is why the Government are taking steps to mitigate them, and those steps are along the lines that I have outlined today. However, there is much more that DEFRA is doing, which the Secretary of State in that Department, and other Secretaries of State, will have the opportunity to acquaint the House and the public with in the days and weeks to come.

Oral Answers to Questions

Neil O'Brien Excerpts

Wednesday 19th June 2019 Commons Chamber

[The Prime Minister]

The dates for recess and the times of the sittings of this House will be published to the House in due course.

[Neil O’Brien (Harborough) (Con)]

The national funding formula for schools is great for underfunded constituencies such as mine, where funding is going up twice as fast as the national average, but village schools and other small schools are still under financial pressure and their numbers have declined over recent decades. Will my right hon. Friend encourage the Department for Education to look again at how we can make the national funding formula do more to help village schools, which are so important to our rural life?

[The Prime Minister]

I absolutely accept and recognise the important role that village schools play in our rural life. A lot of work went into the national funding formula, and it is right that we are introducing this fairer means of funding. We have yet to reach the end point of the national funding formula, but I want to see us progressing and ensuring that we are putting that national funding formula in place. I am sure that the Secretary of State for Education will have heard the request that my hon. Friend has made.

Oral Answers to Questions

Neil O'Brien Excerpts

Wednesday 22nd May 2019 Commons Chamber

[Karen Bradley]

The hon. Gentleman will know that this Government are committed to implementing the institutions that were agreed at Stormont House. We have had a consultation on that matter and received more than 17,000 responses—individual personal responses. We will publish the summary of those consultation responses in due course.

[Neil O’Brien (Harborough) (Con)]

3. What recent assessment she has made of trends in the level of employment in Northern Ireland.

[The Minister of State, Northern Ireland Office (John Penrose)]

I am happy to confirm that the latest labour market statistics for Northern Ireland show employment at a record high and unemployment at a record low. This is a long-term and consistently improving trend, and with continued political stability, we hope that it will continue in future.

[Neil O’Brien]

Those are very welcome statistics. What is my hon. Friend doing to further grow employment and jobs in Northern Ireland and the rest of the country?

[John Penrose]

I am delighted to give some examples. Not only is unemployment now the lowest of the UK nations, at 2.9%, but the ratio of public sector to private sector jobs is rebalancing healthily. Exports have grown to more than £10 billion, and we expect a tourism surge from the golf open at Portrush. We will continue to pursue those and other measures, including the city deals that have just been mentioned.

Oral Answers to Questions

Neil O'Brien Excerpts

Wednesday 15th May 2019 Commons Chamber

[The Prime Minister]

I recognise the important role that trade unions play in our democracy and the work that can be done with them to enhance workers’ rights in this country. That is exactly what the Government are doing. We want to see workers’ rights enhanced and improved and are already on track to do that. I look forward to our continuing to be able to do so in the future.

[Neil O'Brien (Harborough) (Con)]

A couple of weeks ago, I asked the Prime Minister about a family in my constituency who desperately needed the life-changing drug Spinraza. This morning we have the wonderful news that it will be made available in England. Will she now press for a managed access agreement to be put in place as soon as possible, because the children who need this drug cannot afford to wait a single day longer?

[The Prime Minister]

My hon. Friend raised a very important issue at the time, and I am very pleased that NHS England and Biogen have agreed a deal that enables NICE to recommend this revolutionary new treatment. As he said, it has the potential to transform the lives of young children with spinal muscular atrophy and their families, and I will certainly ensure that the Department of Health and Social Care acts on his request that it be made available as quickly as possible.

Oral Answers to Questions

Neil O'Brien Excerpts

Wednesday 24th April 2019 Commons Chamber

[Brandon Lewis]

If I remember correctly, Constance Markievicz did not take her seat, but as I said, I congratulate anyone who contributes to public life. We must all work to highlight and promote the fantastic work done by women across our country over the years in a range of public service roles, which would be a good way to encourage more people to contribute in the future.

[Neil O’Brien (Harborough) (Con)]

3. What steps his Department is taking to help improve the cyber security of public and private sector organisations.

[The Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office (Mr David Lidington)]

While the Government can manage and have been managing the security risk, it is essential that the cyber-security and engineering flaws in Huawei products are fixed. The National Cyber Security Centre has set out the improvements we expect the company to make and will not compromise on the improvements we need to see, in particular sustained evidence of better software engineering and cyber-security.

[Neil O’Brien]

Will the Minister update the House on the distinction the Government make between different types of infrastructure equipment from Huawei, and how that will be used to respond to the centre’s recommendations?

Oral Answers to Questions

Neil O'Brien Excerpts

Wednesday 10th April 2019 Commons Chamber

[The Prime Minister]

I refer the hon. Gentleman to the answers I gave earlier in relation to universal credit and the importance of this system, which is encouraging people into work—200,000 more people are in work under universal credit and 700,000 people are getting money that they were entitled to but not receiving before. Universal credit is helping people into work and making sure that work pays.

[Neil O’Brien (Harborough) (Con)]

My constituents Mark and Panna Wilson have a little son, Aadi, who has the terrible condition of spinal muscular atrophy. He desperately needs the life-changing drug Spinraza, which is available in many other countries. I know that the Health Secretary is working on this urgently. Will the Prime Minister intervene to create a new route to market for this important drug, so that my constituents can get the life-saving treatment that their son needs?

[The Prime Minister]

My hon. Friend has raised an important issue. Obviously, as he will appreciate, it is important that we ensure, first, that patients get access to cost-effective innovative medicines, but at a price that is fair and makes best use of NHS resources. That is the independent system that we have through the National Institute for Health and Care Excellence, which reviews the evidence. I understand that Biogen has submitted a revised submission to NICE in relation to Spinraza and that a meeting of NICE’s independent appraisal committee took place early in March to consider its recommendations. It is clear that everyone at the Department of Health and Social Care and in NICE recognises the significance of this drug, but we need to ensure that the decision taken is made on the basis of the clinical aspects, together with cost-effectiveness. That is what NICE will do in looking at the new offer.

European Union (Withdrawal) Act

Neil O'Brien Excerpts

Monday 25th March 2019 Commons Chamber

[Mr Lidington]

I will say a bit more about the statutory instrument in a few minutes, if the hon. Lady will bear with me.

[Neil O'Brien (Harborough) (Con)]

I support the Prime Minister’s deal—I think it is a good deal—and I welcome the news that we will be voting on it again, but will my right hon. Friend look closely at the important proposals from my right hon. Friend the Member for Gainsborough (Sir Edward Leigh) to amend the unilateral declaration to provide more certainty, clarity and reassurance to those not yet ready to vote for the deal?

[Mr Lidington]

I can reassure my hon. Friend that the Government have taken very seriously the comments from our right hon. Friend the Member for Gainsborough (Sir Edward Leigh) and continue to have a dialogue with him and others to find the best way forward.

Overseas Electors Bill

Neil O'Brien Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Friday 22nd March 2019 Commons Chamber

[Philip Davies]

I agree with the hon. Gentleman: I do not see how it is relevant.

New clause 7 requires the Minister for the Cabinet Office to publish a report on postal voting arrangements for overseas electors. We talked earlier about the scale of the number of people who would be affected if the Bill were to take its full course. I think that all the issues raised in new clause 7 will have to be considered, and that the Government should keep an eye on whether or not everything is in place to deal with the consequences. This new clause is also fairly self-explanatory.

[Neil O’Brien]

New clause 7(3) says:

“The report shall, in particular, consider the effectiveness and cost of the International Business Response Licence for postal votes and any associated implications”.

What particular concern did my hon. Friend have about the international business response licence? I could not understand what the concern was here.

[Philip Davies]

My hon. Friend is right to ask me to elaborate. If he were to look up how the IBRL operates he would see that its “At a Glance” guide says customers can

“Receive direct mail responses from overseas customers”

and

“Only pay for the responses you receive”,

which is all fine, but the third part says:

“Responses arrive in 7-10 working days”,

I hope my hon. Friend will consider that that might cause a difficulty. That is from the IBRL’s “At a Glance” guide to its service, and it seems to me that that might not be wholly suitable for an election, especially when we are dealing with huge volumes and all the rest of it. That is why I put that provision into the new clause: because I am not sure it fits the bill. The Government should have a duty to consider that very carefully and see whether there is a better system that should be used.

I am sure we all have examples of possible problems. In my part of the world in the Bradford district we have had some terrible things happen with postal voting and postal vote fraud over the years, and we must always be very careful. When we are having a huge extension of voting and of postal voting we must be cautious, and this provision is merely an attempt to show some caution in moving forward and make sure we are not causing problems that might not have been expected at the time.

[Neil O’Brien]

For the benefit of the Minister who will have to implement new clause 7 can my hon. Friend make clear what his expectation is on timing? It seems from the tenor of his remarks that he is expecting this review to take place before commencement; is that the case?

[Philip Davies]

I would like that to happen: before having an extension it would be useful to have a review of where we are now, because that might highlight some of the areas of concern. So, yes, I would like to see that done sooner rather than later.

--- Later in debate ---

[Philip Davies]

My hon. Friend thinks that flattery is going to get him everywhere, but on this occasion I am not entirely sure that it will. It is very kind of him to say what he did, and—if I may reply in kind—no one is better than him at asking incisive questions and getting to the nub of things, particularly given his background. The problem is that we pass so much legislation in this place covering such a wide area that, no matter how good or bad any of us might be, we just cannot keep on top of it all. It is impossible to do that, and we sometimes need a prompt to remind us of the pieces of legislation that have gone through. I do not think it would do anyone any harm if a report came out that made them think, “Oh yes, I remember this piece of legislation. I’m interested in this one.” Even the best of us forget from time to time what legislation has been passed through this House.

[Neil O’Brien]

I tend towards agreeing with my hon. Friend the Member for Shipley (Philip Davies) rather than with my hon. Friend the Member for Cheltenham (Alex Chalk) about this and about the importance of evaluation. For the benefit of the Minister who would have to compile the report, I think my hon. Friend the Member for Shipley is quite right to ask for a breakdown by parliamentary constituency, but would he also advise the Minister providing the report to provide a breakdown by host country of overseas electors, so that we could see whether our efforts to improve take-up were doing better in some countries than others? They might be going well in Spain but not so well in France, for example. Would my hon. Friend also welcome that information?

[Philip Davies]

My hon. Friend makes a good point. I am certainly not going to disagree with him about that. However, I fear that he might have done untold damage to his career in this place by saying that he tended to agree with me rather than with my hon. Friend the Member for Cheltenham. I am sure that the Whip on duty is busy writing that down even as we speak, in order to thwart his attempts at getting promoted. He might need to say at some point that he did not really mean it. We can pretend that he never said it and move on, if that would be of benefit. I certainly would not encourage him to say it on a regular basis—that would be fatal—but I am grateful to him for his support.

I am sure the whole House will be relieved that I am not going to read out the whole of new clause 10, because it covers more than three pages and that could take some time. I will take it as read that people can see it for themselves. It is quite detailed, and it may or may not find favour with colleagues, but I am anxious to move on—

[Neil O’Brien]

rose—

[Philip Davies]

I am anxious to move on, but my hon. Friend clearly is not, so I will give way to him again.

[Neil O’Brien]

I am grateful to my hon. Friend. I am genuinely confused about some parts of new clause 10. The deadline for registration for a general election in the UK is midnight 12 working days before polling day, and the deadline for applying for a postal vote is 5 pm 11 working days prior to an election. In the new clause, however, we have deadlines of both 18 and 13 days and at a time of 5 pm, which is before the end of most people’s working day these days. Will my hon. Friend explain why there is a discrepancy between the deadlines for UK-registered voters and those who will be voting overseas? Does he agree, on reflection, that 5 pm is not necessarily the right deadline?

[Philip Davies]

Well, in terms of the time of the deadline before an election for overseas voter registration to take place, if my hon. Friend will allow—he probably thinks I am trying to dodge his incisive question, but I want to come back to amendment 40, which touches on this subject, in due course—perhaps I can move on to that later.

[Neil O’Brien]

It sounds as though my hon. Friend will return to my question later, but one specific point about the new clause is that it refers to Scottish regulations. Do we have legislative consent for that? Do we need to? What is the position?

[Philip Davies]

My hon. Friend has gone way beyond my expertise, which people will probably think is not a difficult task in itself. I am afraid that it would take greater minds than mine to answer the question whether those permissions are needed, have been acquired, would be required and have been given. I do not know. This shows the benefit of having proper scrutiny of legislation in this House and I commend my hon. Friend for doing that, but I am not sure that I am the right person to answer those technical questions.

--- Later in debate ---

[Philip Davies]

I understand the hon. Gentleman’s point. Personally, I see a difference, which is that people can quite legitimately register in different places in the UK because they can vote in all those places in a local election. If they are a council tax payer in Yorkshire and a council tax payer in Dorset, they are perfectly free to vote in both, quite properly and legally—there is nothing wrong with that—but they are not allowed to vote twice in a parliamentary election. They can register, but they can only vote once.

[Neil O’Brien]

Will my hon. Friend give way on that point?

[Philip Davies]

I will in a second.

It seems to me that there is a difference for overseas voters, because they do not need to vote in the local election because they live somewhere else, so it is really about the parliamentary election. They do not need to be registered in two different places to vote in a parliamentary election, given that they can vote only once anyway. It is a question of where they last lived, so there is a difference.

--- Later in debate ---

[Philip Davies]

The hon. Gentleman will forgive me if I do not know the precise problem in Reading, but I am sure it exists in other places too. He is right to raise that. As I made clear earlier, if the House imposes duties on electoral registration officers, it is only right that we provide them with the resources to perform those duties—it would be completely unacceptable not to—so I take his point and would tend to agree with it.

[Neil O'Brien]

Further to the point from the hon. Member for Stoke-on-Trent Central (Gareth Snell), does my hon. Friend agree that there is a potential problem here for those who have been registered perfectly legitimately in two different places so that they can vote in two different local elections? If such a person became an overseas elector, it would be easy for them to forget to deregister themselves for parliamentary elections in one of the two places they were registered. It seems this is not an insuperable problem, because we could create a mechanism automatically to deregister them, but does he agree that that does seem to be an essential step to avoid accidentally criminalising people?

[Philip Davies]

Yes, I take that point, which is a good one. These points are all worthy of further consideration. I do not disagree at all. Equally, however, democracy is precious, and when people start calling results into question, because of people voting twice or whatever, it does massive damage to our democracy. A democracy works only when the losing side accepts it has lost. If it does not, perhaps because the result was rigged or people voted twice—we see this in dictatorships around the world where people do not accept results because of various irregularities—we are on a very slippery slope. We need to do whatever we can to eliminate discrepancies that call results into question. My hon. Friend is right, though, and I certainly am not for unnecessarily criminalising decent people just because they make a mistake; I just thought the issue so serious as to be worthy of further consideration.

[Neil O'Brien]

At risk of doing further damage to my career, I strongly agree with my hon. Friend about the menace of people voting in multiple places and the need for strong sentences for those who do. His new clause 11 suggests that people who vote in two constituencies should be eligible for up to a level 5 fine. For other types of electoral offence—for example, false registration of information, false registration in relation to postal voting, personation and so on—a person can receive a level 5 fine and a six-month sentence, and for things such as postal voting fraud they can get a two-year sentence and an unlimited fine.

Does my hon. Friend agree that we might want to rationalise the existing system for these different offences—there seems to be no rhyme or reason to it—and that we should review the maximum level 5 fine if it does not prove sufficient to deter people from committing what is a serious anti-democratic crime?

[Philip Davies]

Yes, I agree. My hon. Friend is absolutely right. These are serious offences, and the criminal justice system should see them as such, so I very much share his sentiments.

--- Later in debate ---

[Philip Davies]

I am grateful to my hon. Friend for his suggestion, which has a great deal of merit. I am not entirely sure that a private Member’s Bill was the best route for this legislation, and we probably do need a bit more expertise, as he suggests. I certainly would not disagree with that.

I am not entirely sure whether I had got to new clause 12 or new clause 13, but, in the interests of trying to get through my amendments, I am going to move on to new clause 13 and hope that that was where I had got to.

[Neil O’Brien]

Before my hon. Friend moves on, new clause 12 calls for a report on electoral offences, including on whether the number has changed as a result of this legislation. Will he tell us how we might be able to pull apart the effects of the extension of the franchise in this Bill and the many other factors that could affect both the number of offences and the number of overseas electors? Page 9 of the Commons Library briefing on the Bill shows us that many factors, including electronic voting, referendum campaigns and general elections, cause the numbers to move far more than changes to the franchise.

[Philip Davies]

Yes, I understand my hon. Friend’s point, and it is a good one. New clause 12 is more probing than one that I intended to push to a Division. The point that I was trying to make when tabling it was that it seems that the chances are that more offences will be committed if we extend the franchise so widely. It is therefore right that the Government look into this point in some detail. A report therefore seemed to be a sensible suggestion. However, I understand his point and do not necessarily disagree with it.

New clauses 13 and 14 are basically sunset clauses. I am a big fan of legislation with sunset clauses, because it means that a Bill that turns out to be hopeless is put out of its misery without any further need to do anything. If it is particularly good legislation, presumably there will be no problem with somebody wanting to resurrect it or bring it back. Sunset clauses are a good way to ensure that we end up with good legislation and that we get rid of bad legislation. New clauses 13 and 14 offer different suggestions for how long the legislation should last—one of five years and one of three.

[Neil O’Brien]

I want to put the case against my hon. Friend’s argument in favour of sunset clauses. Last Friday, we were debating the Holocaust (Return of Cultural Objects) (Amendment) Bill of my right hon. Friend the Member for Chipping Barnet (Theresa Villiers), which would put an end to the sunset clause put on the Holocaust (Return of Cultural Objects) Act 2009. That sunset clause had no particularly clear rationale. I understand the case for such clauses when we do not know whether we will solve a problem by legislating, but when we are making a principled and permanent change, they seem unnecessary and could eat up the time of the House. Does my hon. Friend agree?