Adviser on Ministerial Interests

Simon Hoare Excerpts

Tuesday 21st June 2022 Commons Chamber

[Michael Ellis]

It is very kind of the hon. and learned Lady to be interested in how the Back Benchers vote, but she ought to be concerned about her own party in that regard. The reality of the matter is that I have made my position perfectly clear: the position will be dealt with in good time. The how and when are being worked on—[Interruption.] I cannot be any clearer than that.

[Simon Hoare (North Dorset) (Con)]

May I gently say to my right hon. and learned Friend that he will appreciate that, whether we like it or not, this issue of ethics is proving to be a bit of an Achilles’ heel with the Government. It is in the interests of the Government to have a replacement to Lord Geidt as quickly as possible. I have heard what he has said in response to a number of interventions, and so it may be me, but could he say once again for the record that an adviser in this important area of the mechanism of government will be appointed as swiftly as possible? A review of the terms of reference is ancillary.

[Michael Ellis]

Whether it be the phrase “as soon as reasonably practicable” or “as soon as possible” is somewhat immaterial, but I think I have made it clear. I am trying to emphasise that, while the how and when are to be worked out, the Government will work with every possible expedition.

On this motion, I would say it is in the Government’s interests and intentions to bring their review or the arrangements into play efficiently and in good time. As my hon. Friend says, it is in the Government’s interests, but it is also in the interests of the whole House, because the matter of ethics and standards is of relevance to all of us. Frankly, Labour’s high moral tone is perhaps not quite appropriate when its members find themselves under police investigation in Durham—

Oral Answers to Questions

Simon Hoare Excerpts

Wednesday 19th January 2022 Commons Chamber

[The Prime Minister]

No.

[Simon Hoare (North Dorset) (Con)]

The vast majority of people, and indeed the vast majority of politicians, across Northern Ireland believe that whatever the question, double-jobbing is not the answer. May I urge my right hon. Friend to listen to the majority and ensure that the Government amendment is not moved in the other place later today?

[The Prime Minister]

I am grateful to my hon. Friend. I am advised that the amendment in question will indeed be withdrawn.

Armed Forces Bill

Simon Hoare Excerpts

Consideration of Lords message
Monday 13th December 2021 Commons Chamber

[Leo Docherty]

The House knows that this Bill is vital: it renews the Armed Forces Act 2006, so that the armed forces can continue to operate and enforce a system of discipline, and it also fulfils our commitment to further enshrine the armed forces covenant into law.

On Lords amendment 1B, we have been listening to hon. Members here and in the other place. The Government recognise the fact that all Members of this House want to do the best for our armed forces and to ensure that criminal wrongdoing is robustly addressed for the sake of our forces and for the victims of crime. We are particularly mindful about the prominence that statistics have recently played in this debate. The Government have always welcomed scrutiny of our own performance and the role that parliamentarians have in performing that scrutiny. We should ensure that the statistics that we use are clear, transparent and cover the most serious offending that Parliament is concerned about. I am happy to confirm that we will therefore commit to an expansion and an improvement of our existing annual statistical update on sexual offending in the armed forces to include other serious offences.

Our bulletin in spring 2022, in addition to reporting on rape statistics, will now include granular data on cases of murder and manslaughter, and, for sexual offending, those cases involving personnel serving in the armed forces who are under 18 at the time of the offence. Furthermore, from January 2022, we will start to record separately information about domestic violence and child sexual abuse in the service justice system, so that those, too, can be reported on in our spring 2023 bulletin.

These bulletins will include information relating to police investigations, as well as court martial proceedings, meaning that all data related to the categories of serious offences referred to in the amendment of Lord Thomas of Gresford will be included. This will include: the number of reported incidents; how many cases are referred from the service police to the service prosecution authority; how many cases the service prosecution authority are able to prosecute; how many cases go to court martial; and how many cases result in a guilty verdict. We believe that this will increase the transparency of, and the confidence in, the service justice system, and we welcome this scrutiny. Greater reporting will demonstrate the good work that we are doing through this Bill, not least the establishment of the defence serious crime unit, and it is right that data is available to hold Government to account.

[Simon Hoare (North Dorset) (Con)]

I have been listening very carefully to what my hon. Friend has to say. He has talked about the need for transparency, and, clearly, that is demonstrable and welcome. On the reports to which he now refers, he obviously hopes that they will make his case for him as they are published. If they do not, what happens then, other than just becoming tomes to gather dust in his or his successor’s office or in the Secretary of State’s office? In practical terms, what will be done to change the policies?

[Leo Docherty]

I reassure my hon. Friend that we will keep this under review. We are prepared to be judged by our performance.

[Simon Hoare]

I tell my children that I keep a lot of things under review, knowing full well that I will never acquiesce in what they are asking for—I hope they are not listening this evening. I know that my hon. Friend understands that this is a serious point for many of us. Keeping something under review, to ask us now to support the Government’s line, is laudable, but we need a bit more flesh on the bones as to what happens if the data in this report does not land where he and I—let us be frank—would hope that it would. One can keep something under review, but if there is no promise to come back with changes to the legislation, that is a pie-crust promise.

[Leo Docherty]

I expect the data to justify our confidence in the service justice system. My hon. Friend knows that the Government believe very strongly that the SJS needs to retain the full complement of capability because our armed forces are expeditionary by design and our justice system also needs to be expeditionary. He may not mean it sincerely when he deals with the children, but he will see that in my remarks this evening we certainly are sincere in our position.

Oral Answers to Questions

Simon Hoare Excerpts

Wednesday 8th December 2021 Commons Chamber

[Mr Speaker]

I call the Chair of the Select Committee.

[Simon Hoare (North Dorset) (Con)]

My right hon. Friend is right to say that the current position is not working, and I think we should all congratulate him on trying to grapple once again with an issue that has been left lying there for too long. However, if his proposals are to secure any traction, they will have to be compliant with article 2, and we will have to see a fully fleshed out plan for truth and reconciliation. Can he give me assurances on both points?

[Brandon Lewis]

Yes, my hon. Friend is absolutely right. One of the key points that we made in the Command Paper—we will be setting out a lot of the work we are doing on this—was about ensuring that people can see that investigations will continue. There will be an information recovery body that will be able to get to the truth and will have access to information in a way that we have not seen before. We are determined to deliver on that, and we are determined to ensure that what we deliver is article 2 compliant.

Armed Forces Bill

Simon Hoare Excerpts

Consideration of Lords amendments
Monday 6th December 2021 Commons Chamber

[Leo Docherty]

I thank my hon. Friend for her question and for her comments about my hon. Friend the Member for Wrexham. The advantage of having a choice between civil or military jurisdiction relates to the possibility of a serving person being involved in a case of rape in which their welfare would be undermined by it being heard in a civilian court because of the slower process of the case and the fact that its being heard in the civilian jurisdiction might impede any postings or normal career progression. My principal point relates to the welfare interest of alleged victims, where having agility and choice is advantageous.

[Simon Hoare (North Dorset) (Con)]

Who chooses the jurisdiction in which such a case is heard? What grounds would they hear to inform that choice?

[Leo Docherty]

The civilian prosecutor always has the final say.

It is clear that Lords amendment 2 fails to recognise the purpose of this legislation. The new covenant duty works by requiring listed public bodies to have due regard for the principles of the armed forces covenant when exercising a relevant housing, education or healthcare function. This amendment seeks to add the Secretary of State to the list of public bodies but, of course, none of the housing, education or healthcare functions is a function of the Secretary of State. This amendment would therefore not serve any meaningful purpose.

Of course the Secretary of State, like other Defence Ministers, is entirely accountable for delivering the armed forces covenant and reports annually to Parliament to that effect, and he answers Defence questions and attends other parliamentary events. In designing the covenant duty, we carefully considered which functions and policy areas the new duty should encompass, including those that are the responsibility of central Government. We were mindful that central Government are responsible for the overall strategic direction of national policy, whereas responsibility for the actual delivery of nuts-and-bolts frontline services and their impact generally rests at local level. The inclusion of central Government, by naming the Secretary of State in the scope of the duty, is simply not necessary.

The other vital element of our approach rests with the new powers granted to the Government to add to the scope of the duty, if need be. The new covenant duty is evergreen and can effectively adapt to the changing needs and concerns of the armed forces community. We continue to engage with the Covenant Reference Group, which is made up of independent representatives from service charities, such as the Royal British Legion, and officials from local, devolved and central Government. This will feed into our existing commitment to formally review the overall performance of the covenant duty following this legislation. The review will be submitted to the Select Committee on Defence and will also be covered in the covenant annual report.

Furthermore, the Bill requires that the statutory guidance in support of the covenant duty is laid before Parliament in draft so colleagues can inspect and scrutinise it before it is brought into force. Ministers and the Ministry of Defence will continually be held to account on the delivery of the armed forces covenant.

--- Later in debate ---

[Simon Hoare]

My hon. Friend is making a powerful argument and I certainly think that these issues are best dealt with in the civilian courts, but where I have a problem with the Lords amendment is in respect of the power invested in the Attorney General. I am not sure that the Attorney General, as a Law Officer, should have that power. I would welcome my hon. Friend’s comments on that.

Committee on Standards: Decision of the House

Simon Hoare Excerpts

Monday 8th November 2021 Commons Chamber

[Steve Barclay]

It is helpful to get that on the record.

The Government will now redouble our efforts to engage on a cross-party basis—and, indeed with you, Mr Speaker—in the days ahead, because we know what we can achieve when we do so. For example, in collaboration with others, my right hon. Friend the Member for South Northamptonshire (Dame Andrea Leadsom) worked hard when she was Leader of the House to establish the Independent Complaints and Grievance Scheme. The scheme, to which the Government are wholly committed, is a model with many strengths. It includes an appeals process and an ability to adjudicate complex cases by virtue of its independent expert panel that is led by a High Court judge. Overall, the Independent Complaints and Grievance Scheme brings with it the expectation of rigour, impartiality and fairness for both the complainant and respondent.

[Simon Hoare (North Dorset) (Con)]

It would be of enormous help to the House if we could understand the Government’s thinking on the issue to which the hon. Member for Rhondda (Chris Bryant) alluded. The amended motion last week was passed; I voted against it, but it was passed. What is its status now? There seems to be a general consensus that the rules that we deploy with regards to standards should be reviewed. Are they to be reviewed under the current auspices, or under the auspices of the amended motion last week, with some shadow or secondary standards Committee looking at them? I think the House would find it helpful to know that we are going to work through the procedures in existence today and effectively expunge the amended motion from the record of last week.

[Steve Barclay]

It is clear that the Committee agreed by the House last week will not be able to develop proposals without cross-party participation, which is why we are continuing discussions and listening to views from across the House about the best way forward.

Dissolution and Calling of Parliament Bill (Instruction)

Simon Hoare Excerpts

Monday 13th September 2021 Commons Chamber

[Chris Bryant]

No, he did not—[Interruption.] He was still at school? I think that is a bit unfair on the hon. Gentleman. The point is that this was a major constitutional battle in 2019 and it would be odd of us not to consider it at all when we are dealing with these matters, which the Prime Minister himself declared were analogous.

[Simon Hoare (North Dorset) (Con)]

The hon. Gentleman will know that many Government Members had serious concerns about Prorogation at the time of which he speaks, but does he not accept that we are now back in what we could describe as more normal times? That procedure, Prorogation, had never given this House any problems before and is unlikely ever to do so again.

[Chris Bryant]

Well now, for a start, I am not very keen on the concept of “normal” at all. I have tried to avoid that as much as I can in my 59 years. More importantly, I am not sure that we are living in normal times.

Are there ever normal times in political debate? Surely that is the whole point of constitutional settlements. We do them oddly in this country, because we do not have a written constitution, as the hon. Gentleman knows; we have bits and pieces of the constitution written in lots of different statutes. The danger of proceeding by statute law is that the constitution becomes a constant plaything of the Government of the day. I would always want our constitutional settlement to last at least a generation, if not several, but my anxiety is that we are fiddling with just one part of the equation, not all of it.

Some have argued, as the Government did before the Supreme Court, that a prerogative power is by definition limitless. That flies in the face of history. Successive cases across the centuries, starting in 1611, have proved that every prerogative power has to have a limit. Otherwise, Parliament would never sit; the Government could, in theory, say, “Right—we are going to use our prerogative power of Prorogation just to make Parliament never sit.” That was one of the key things that the Supreme Court found.

My anxiety is that if the Supreme Court has already determined, and it is settled law, that Prorogation is a justiciable matter, it will be justiciable again unless we introduce statute law to change it.

Oral Answers to Questions

Simon Hoare Excerpts

Wednesday 16th June 2021 Commons Chamber

[Mr Speaker]

Let us go to the Chair of the Select Committee on Northern Ireland Affairs.

[Simon Hoare (North Dorset) (Con) [V]]

Like the hon. and learned Member for Edinburgh South West (Joanna Cherry), Jo Cox was in my intake in 2015. She was a sparkling light among us and we miss her enormously. I associate myself with your remarks at the start of our proceedings, Mr Speaker.

Does my right hon. Friend the Secretary of State agree that mutual trust is possibly the key ingredient to sorting out the position with regard to the Northern Ireland protocol? Our Committee has just had Lord Frost before us for an hour and a half, taking questions; I think that he agreed on that proposition as well. What is my right hon. Friend doing as Secretary of State to ensure that the issue of trust and its importance is understood across Whitehall?

Oral Answers to Questions

Simon Hoare Excerpts

Wednesday 21st April 2021 Commons Chamber

[Brandon Lewis]

We are working intensely with our partners and colleagues in the European Union. Lord Frost is currently working with Vice-President Maroš Šefčovič on a wide range of issues, including agrifoods, so that we get a resolution that works for the people of Northern Ireland, with Northern Ireland as part of the United Kingdom. The hon. Gentleman is right to say that we have seen an increase in tensions, particularly in Unionist communities, and we need to recognise the issues around a sense of identity. We can all play a part in helping the EU to understand better the lasting impact of the action it took when it went to trigger article 16 just a couple of months ago. The disruption affects people across all communities in Northern Ireland, and we want that to be resolved in partnership with the EU.

[Simon Hoare (North Dorset) (Con) [V]]

May I associate myself, as others have, with the remarks that the Secretary of State made with regard to the horrible and horrific event yesterday in Dungiven? That and recent scenes remind us all too well of the horrors of the past and surely must reinvigorate us all to ensure that they do not become either endemic to the present or part of Northern Ireland’s future.

Will the Secretary of State assure me that the PSNI has adequate resourcing to proactively interrupt social media platforms and posts, which are clearly the new way of communicating types of disorder? The PSNI needs to be able to monitor and intervene. Can he assure me that the full resource of the state is available to it to ensure that this important work is done to the best of its abilities?

[Brandon Lewis]

My hon. Friend the Chairman of the Select Committee makes a very important point, as others have, about the impact and importance of dealing with social media. Yes, absolutely: I have spoken to the chief constable and outlined to him our full support and we are working with the police to ensure that they have access to the full capabilities to work and deal with social media issues. We obviously recognise that policing is a devolved matter, but they have our full support and we will continue to work with them on those issues.

Northern Ireland Protocol: Implementation

Simon Hoare Excerpts

Tuesday 2nd February 2021 Commons Chamber

[Michael Gove]

I am grateful to the hon. Lady for her comments, which I wholeheartedly endorse. She is absolutely right to say that it was a serious mistake on the part of the Commission; I think everyone recognises that now. I also underline her words that it is completely unacceptable to place anyone in Northern Ireland in the position in which the port workers in Belfast and Larne have been placed, so it is vital that everyone in Northern Ireland and indeed in the UK exercises calmness and moderation as well as resolution in seeking to resolve the problems that she outlined.

The hon. Lady is absolutely right that the end of grace periods for export health certificates and other issues do need to be addressed. I will be writing to Vice-President Maroš Šefčovič later today to outline some specific steps that we believe we need to take. Tomorrow, I will meet him and the First Minister and Deputy First Minister of the Northern Ireland Executive in order to ensure that we can make rapid progress through the Joint Committee.

We are also communicating with UK businesses to stress that they have an obligation to ensure that their goods are available for the citizens of Northern Ireland in the same way as they are available to her and my own constituents. It is not just the Government’s responsibility but the responsibility of all of us to work together to ensure that the people of Northern Ireland recognise that they are valued citizens of one United Kingdom.

[Simon Hoare (North Dorset) (Con) [V]]

I am sure my right hon. Friend will agree that we have to make the protocol work and work well, but the window for doing so is small and shrinking. May I urge him during this month, with Exocet focus and precision, to iron out speedily with the Joint Committee those creases and teething problems that have been identified in order to spend next month—March—explaining those solutions to businesses across the United Kingdom and what they need to do? My judgment is that to extend the grace period would not be desirable, but business needs to have confidence and certainty, so all power to the Joint Committee for speedy and focused work.

[Michael Gove]

I am grateful to my hon. Friend for the work that he and his Committee have done to help ensure that the protocol is well understood and to resolve some of the problems that have arisen. There are a number of specific issues. I alluded earlier to the requirement that export health certificates are provided, but, as his Committee well knows, there are other issues such as the grace period covering the supply of chilled meats to Northern Ireland and the movement of pets between Northern Ireland and Great Britain. All those issues and more are ways in which the protocol is having an impact on people in Northern Ireland that is not in the interests of Northern Ireland, the United Kingdom or, indeed, good relations between us and the EU. Vice-President Maroš Šefčovič totally understands the need to resolve these issues and, with good will, I believe that we can do so speedily, as my hon. Friend rightly points out that we need to.