Oral Answers to Questions
John Bercow Excerpts(8 years, 3 months ago)
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Mr Letwin
The hon. Lady simply ignores the fact that the Government have taken the action, which should have been taken long ago and which the previous Labour Government completely failed to do, to deal with contractors who are not up to scratch. We are dealing with contracts that are necessary to improve matters and are improving them so that people get the services they deserve, which is why all our welfare programmes are now back on track.
Mr Speaker
Order. There is far too much noise in the Chamber. Colleagues should be able to hear.
Philip Davies (Shipley) (Con)
T8. A constituent of mine who works for Her Majesty’s Revenue and Customs in Shipley has contacted me after being told by his managers that he is unable to help the campaign to leave the EU in the forthcoming referendum and even to deliver leaflets in his own time. Given that Government Ministers are free to campaign in a personal capacity to leave the EU, why are the Government not extending the same courtesy to civil servants?
Mr Letwin
I am sorry that the hon. Lady obviously has not read the items on the website; a multitude of specific dates for specific programmes are given, and we will continuously update this as we go through the Parliament. It is true that we are the most transparent Government ever in this country and one of the three most transparent Governments in the world. Maintaining that is quite a good goal, and I would have expected her to welcome it.
Marion Fellows (Motherwell and Wishaw) (SNP)
T4. Thank you, Mr Speaker. Almost two thirds of people in Scotland want to see charities speaking up for those affected by Government policies, which is why the Scottish Government and the Scottish National party are against the new anti-advocacy clause. Will the Minister commit to assessing the impact it will have on Scottish charities?
The Prime Minister
I will look at that, but what we all have to realise is that the levy control framework—the extra amount of money that we are prepared to put into renewable energy—is a finite amount. In the end, we have to make sure that we get cost-effective electricity and that we go green at the lowest cost. That is the aim, but I will look carefully at what my hon. Friend says.
Barry Gardiner (Brent North) (Lab)
It used to be said that an English family’s home was their castle, but following the Government’s Housing and Planning Bill, new tenants in social housing will be on fixed three to five-year contracts. Does the Prime Minister think it is right that a student beginning their secondary education may face eviction at the very time they are coming up to their GCSEs or A-levels?
Several hon. Members rose—
Mr Speaker
Order. We will come to points of order. I think hon. Members raising points of order should have an attentive audience, which seems more likely once those leaving have done so quickly and quietly.
What is more, I am sorry to disappoint hon. Members, whose eagerness is evident for all to see, but points of order of course come after the urgent question and the statement. As I am sure these are very genuine points of order, hon. Members will come scurrying back to the Chamber in order to air their concerns at the appropriate moment.
Meanwhile, we have quite a considerably important and rich parliamentary offering—[Laughter.] I am grateful to the hon. Member for North Dorset (Simon Hoare)—in the form of an urgent question from a very senior denizen of the House.
House of Commons Members’ Fund (No. 2) Bill
John Bercow Excerpts(8 years, 3 months ago)
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The Minister for Civil Society (Mr Rob Wilson)
I know that my hon. Friend the Member for Mole Valley (Sir Paul Beresford) appreciates expediency in these proceedings, so I will keep my comments fairly brief. I congratulate him on promoting this Bill. It was introduced as a 10-minute rule Bill—
Mr Speaker
Order. I would not wish to misunderstand the Minister. Was “expedition” the word for which he was looking?
Mr Wilson
No, it was “expediency”. I am used to having my grammar and English corrected, so I will take that as another correction.
This Bill was introduced by a 10-minute rule on 4 November. My hon. Friend the Member for Mole Valley made the point that it is not a Government Bill nor a Government handout Bill; it is a minor House of Commons management Bill. However, I am pleased to support it. The Bill is not new; two similar private Members’ Bills in the last Parliament fell owing to lack of time.
The Bill received its Second Reading on 29 January, and I pay tribute to my right hon. Friend the Member for Hitchin and Harpenden (Mr Lilley) for the huge amount of work that he put in to get it to a point where it could enjoy majority support in this House and the other place, and for his open approach to dealing with all stakeholders who have an interest in it. His work has been continued in this Parliament by my hon. Friend the Member for Mole Valley. The Bill will modernise the House of Commons Members’ Fund which is governed by legislation dating back to 1939. It will remove unnecessary and outdated costs, and move towards a more efficient system, which we support. Importantly, it will enable us to return approximately £2 million that is not needed as part of the fund to the Treasury.
The existing legislation is outdated, incomprehensible and rigid, and it imposes unnecessary costs. Reform will simplify and clarify the legislation, streamline administration, reduce costs, and allow the fund to be self-sufficient. The new legislation will reflect the changed and smaller demands on the fund given the dwindling number of dependants of Members who left the House before MPs’ pensions were introduced. It will also permit trustees to suspend compulsory deductions from Members’ pay that are no longer needed. It is the trustees’ intention to do that immediately, and the Bill’s changes to legislation allow them to so.
The Bill will remove the need for an annual contribution from the Exchequer while leaving sufficient funds to finance help to former Members and their dependants in future years. The fund was established under the House of Commons Members’ Fund Act 1939, predating the pension scheme for MPs that was established in 1964. Its original purpose was to provide former Members, their widows or widowers and orphan children, with a discretionary grant in lieu of a pension. Further Acts were passed in 1948, 1981 and 1991 to allow former Members and their dependants to apply for assistance, particularly in financial hardship. Those amendments also broadened the class of beneficiaries, granted wide powers of discretion to trustees, and established periodic payments to specific classes of beneficiaries. As a consequence, provision was made in 1981 for the fund to be supplemented by a higher annual Exchequer contribution.
The House of Commons Members’ Fund was established when there was no parliamentary pension, to help former Members and their dependants who had financial difficulties. Only 12 of those beneficiaries remain. In addition, the fund makes payments to top-up pensions for widows of Members up to five-eighths of their spouse’s pension for those who left the House when widows received a lower pension entitlement. There are 27 people in that category today. Numbers of beneficiaries in those two categories are decreasing.
The largest category of former Members and their dependants for whom there is likely to remain an ongoing need are those who left the House more recently and have fallen into need because of sickness, disability, or inability to return to work after losing their seat. A small number of such cases occur each year. The fund is able to award one-off grants or ongoing help on a discretionary basis. A report on the fund was sponsored jointly by the Members Estimate Audit Committee and the trustees in 2006-07. Both bodies shared a concern about the complexity of the fund’s governing legislation and consequential financial arrangements. A final report was produced by John Stoker and Lord Burnett in April 2007, outlining their recommendations for the fund.
The main recommendations were that the fund be divided into two distinct functions: first to provide a benevolent function—the payment of one-off hardship grants—and that function would be overseen by the trustees, with assets sufficient to meet likely future hardship payments; and, secondly to meet annual “as of rights” payments. The balance of the fund not required to finance the benevolent function would be repatriated. In practice, the Treasury, the House, or some other body would have to take responsibility for the payment function. In addition, the annual Exchequer grant of £215,000 would no longer be paid into the fund.
Following the review, the Members Estimate Committee considered the recommendations at its meeting in November 2007 and endorsed the report. During discussions that took place after the MEC meeting with the officials of the Leader of the House, a number of obstacles were identified. In particular, there were problems identifying a suitable Department to take on the annual regular grants to enable the fund’s two functions to be separated, to ensure that no further Treasury contributions would be taken and to return excess funds to the Treasury. Legislation is required to split the fund’s functions. The Leader of the House and the trustees have explored restructuring the fund through new primary legislation, but it has been difficult to find Government time for a stand-alone Bill. Until now there has been no opportunity to change the legislation.
Despite general agreement by all parties that the fund should be restructured, in the absence of new legislation the trustees have continued to administer the fund in its existing form. However, the trustees agreed that they would draw a lower annual Treasury contribution to cover the regular annual grants only. From 1 October 2011, £148,000 was drawn, rather than the maximum of £215,000, and from 1 January 2015 the trustees ceased the draw-down altogether. Once the legislation governing the fund has been reformed, the trustees intend to return £2 million to the Treasury, and there will be no provision for an annual Exchequer contribution to the fund.
Since the review in 2007, the trustees have explored a number of avenues to change the fund’s governing legislation. That has included attempts to obtain time on the Floor of the House for a stand-alone Bill, and using other legislative vehicles to make changes, such as the Public Service Pensions Bill and the Finance Bill. The trustees have decided to pursue a private Member’s Bill, with Government support.
The changes proposed are largely technical and will simplify the fund and the associated administrative burden. Those changes will make the fund easier to administer, and allow trustees to spend time on the main thrust of the fund, which is to assist former Members and their dependants in financial need. There is nothing more for me to say, other than that I wish this short and effective Bill swift progress through the Lords.
Points of Order
John Bercow Excerpts(8 years, 3 months ago)
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Mr Bernard Jenkin (Harwich and North Essex) (Con)
On a point of order, Mr Speaker. During the exchanges that we have just had, it was noted that the Minister did not refer to the question and answer brief that has been circulated by the Cabinet Office to civil servants, which carries some of the wider interpretation of the letter. I wonder how I can draw the House’s attention to the fact that we will be publishing it on the Public Administration and Constitutional Affairs Committee website later today or tomorrow.
Mr Speaker
As I think the hon. Gentleman knows—I say this in response to his spurious point of order—he has achieved his objective. He should consider the matter so advertised.
Mrs Anne Main (St Albans) (Con)
Further to that point of order, Mr Speaker.
Mr Speaker
I am not sure there is a “further” to that point of order, but I will hear it first and then come to a view about it.
Mr Speaker
That is a matter for the Government. Legendarily, the Minister for the Cabinet Office is always keen to address the House—indeed, in the past he has likened himself to Disraeli, who had a notable enthusiasm for addressing the House. If he wishes to respond to the hon. Lady with that legendary succinctness for which he is renowned, we are happy to hear from him, but he is not under any obligation to do so.
The Minister for the Cabinet Office and Paymaster General (Matthew Hancock)
Further to that point of order, Mr Speaker. I think I answered that point. The question is how we make sure that the guidance means that civil servants follow the Government position, including on the in/out question, which is the only question on which Ministers can move from the Government position. So it is a question of whether something is an in/out question or is normal EU business. I think I set that out earlier; I might have said the same.
Mr Speaker
We are extremely grateful to the Minister. I am not sure, from the head movements of the hon. Member for St Albans (Mrs Main), that he has satisfied her, but I am not sure any Minister would have been able to do so. None the less, the Minister has graciously come to the Dispatch Box.
Several hon. Members rose—
Mr Speaker
I will come back to Members who are expectant—[Interruption.] Well, expectant of the opportunity to raise points of order, I should perhaps say. But perhaps I may be permitted to take other points of order first. We will come to those illustrious denizens ere long.
Nia Griffith (Llanelli) (Lab)
On a point of order, Mr Speaker. This morning the Secretary of State for Wales—I have made his office aware of my intention to raise this point of order—announced major changes to the timetable and content of the proposed Wales Bill; he has decided to jackknife the Bill and skid it to an undignified halt. Instead of coming to the House to inform right hon. and hon. Members and answer their questions about how he will proceed, he choose to make that significant announcement in front of a gathering of journalists in Cardiff, even suggesting on Twitter that hon. Members can wait until Thursday to question him. Did he give you any indication that he would be announcing this major change of policy today, Mr Speaker, and has he indicated that he will be making an oral statement to the House, as per paragraph 9.1 of the ministerial code?
Mr Speaker
I am grateful to the hon. Lady for her point of order. The answer is that I have had no advance notice of this matter. It would be only fair for me, from the Chair, to say at this stage that whether it amounts to what she has described as a major change of policy or is merely a temporary pause or tactical judgment, I do not know. Suffice it to say that if there is a change of policy or a significant change in Government intentions for a notable period, the House would expect properly to be informed of that, and there are means by which Ministers can inform the House: either through the device of an answer to a written question or by a written ministerial statement. To my knowledge, neither has thus far been forthcoming. The hon. Lady’s point of order and my response to it will shortly be heard by the Wales Office, and I hope that proper account will be taken of it. If the hon. Lady needs to return to the point, doubtless she will do so.
Kirsten Oswald (East Renfrewshire) (SNP)
On a point of order, Mr Speaker. I seek your assistance in relation to a matter that is of some concern to me. In December I asked, by means of a written question, when the Chancellor of the Exchequer had last met the Financial Conduct Authority to discuss certain matters. The response advised me that Treasury Ministers meet a wide variety of organisations and referred me to the Treasury’s transparency reports online, stating that that is where details of such meetings are published. The reports detailed no bilateral meetings between the Treasury and the FCA over a two-year period.
I therefore challenged the Economic Secretary to the Treasury—she is aware that I am raising this matter today—on that point during a Back-Bench business debate on 12 January. She did not address the matter in her response, so I raised it with her again in a Back-Bench business debate on 1 February. To my great surprise, the hon. Lady stated:
“Contrary to what the hon. Member for East Renfrewshire seems to think,”—[Official Report, 1 February 2016; Vol. 605, c. 748.]
she had met the acting chief executive of the FCA, and that she regretted that I had formed a different opinion.
Of course, my opinion was formed on the basis of a written answer, the Treasury’s own transparency reports and exchanges with the Minister in this Chamber, all of which I should have been entitled to rely upon. It is worth noting that a similar issue has arisen in relation to another question, with the Under-Secretary of State for Disabled People referring me to a non-existent or impossible to locate piece of information on the Department for Work and Pensions website.
The record therefore suggests that I have misunderstood or am mistaken, but neither is true. I would be very much obliged for your advice, Mr Speaker, on how to put the record straight on this matter. Finally, I would be most grateful if you could advise me on how best to stop Ministers referring Members to websites that do not contain relevant information.
Mr Speaker
I am grateful to the hon. Lady for her point of order, the thrust of which she was kind enough to give me advance notice. I think that I am right in saying that she also gave notice to the Minister concerned.
Mr Speaker
I am grateful to the hon. Lady for that confirmation. The short answer to the hon. Lady—this is for the benefit of the House—is that answers to Members’ questions should be direct, substantive and candid. I have sympathy with the view, which she has expressed, that it is not helpful if Government Departments simply refer right hon. and hon. Members in written answers to websites on which the information requested may be located but cannot easily be found. The much more straightforward process, which I think the public would expect, would be to provide an answer to the question. It is not really all that complicated.
That said, I have to emphasise, of course, that the content of written answers, and indeed of ministerial statements in the House, has to be a matter for the judgment of individual Ministers; it is not for the Chair to determine. However, I am offering an overall sentiment, which I think would be shared across the House. As to how the hon. Lady can put the matter straight, I suggest that, by dint of this point of order, she has begun to do so.
Dr Liam Fox (North Somerset) (Con)
On a point of order, Mr Speaker. My point of order relates not to the ministerial code but to the conduct of the House of Commons. When Ministers come to the House of Commons, they are required to give full and informed answers to the questions we ask as Members of Parliament. Having given the matter some thought, can you give us some guidance on how we will know whether Ministers have been fully informed, if we know that there is a process of purposely withholding information from those who may be required to give answers to the House of Commons? How can we then carry out our duty of scrutiny properly?
Mr Speaker
I fear that it would be hazardous for me to tread on the terrain of what might be called the “known unknowns” or even the “unknown unknowns”. That would be difficult. The question, though a very good and legitimate one, is, I fear, at this stage hypothetical, but it is a problematic matter. The best I can say to the right hon. Gentleman is that the Chair, of course, will keenly attend to events and to the process of question and answer, and we will have to look at this matter as and when it arises, on a case by case basis. I will not be looking at it proactively, but if Members raise the matter with the Chair, the Chair will do his best to respond.
Michael Fabricant (Lichfield) (Con)
On a point of order, Mr Speaker. I have already expressed my admiration for my right hon. Friend the Minister for the Cabinet Office, who is on the Front Bench. I wonder whether there is any mechanism to reward someone who, first, is thrown into the lion’s den and, secondly, has to defend the indefensible.
Mr Speaker
I think I will treat that as what it is: not a point of order, but an inventive rhetorical question. At any rate, the hon. Gentleman seems justly satisfied, so I think we will, for now, leave it there. We are deeply grateful to the Minister for coming into the Chamber and responding to our inquiries.
If there are no further points of order, and the appetite has been satisfied, at any rate for today, we now come to the motion on the draft European Union Referendum (Date of Referendum etc.) Regulations 2016. Just before I ask the Minister—my illustrious neighbour, the Member for Aylesbury—to move the motion, I should inform the House that I have now considered the instrument, and I have decided not to certify it under Standing Order No. 83P.
EU Referendum: Civil Service Guidance
John Bercow Excerpts(8 years, 3 months ago)
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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
Matthew Hancock
I have a huge amount of respect for my right hon. Friend. That is why I will answer his specific point. The question is exactly the reason for prescribing this guidance only in respect of the in/out issue rather than more broadly. That is what the guidance says. This broad approach was set up by the Prime Minister in January, and then discussed and agreed in Cabinet on 20 February as the best way to take forward the position whereby Ministers could disagree with the Government position.
Mr Speaker
It is very decent of the Minister to dole out bowls full of respect, but my sense is that, on the whole, although that is enormously important to hon. and right hon. Members here assembled, they are generally more interested in his answers than in his respect.
Tom Brake (Carshalton and Wallington) (LD)
I previously asked whether the Prime Minister was going to throw his weight behind the in campaign, and I am very pleased that he has done so, because for the sake of our peace, prosperity, opportunity and security, we need to be in. As for what we are discussing now, I would like some clarity from the Minister. Is it the case that there is a list of Ministers who are in, a list of Ministers who are out and a list of Ministers who are undecided, and what happens if a Minister switches from the in to the out campaign or the out to the in campaign?
Matthew Hancock
First of all, Mr Speaker, I have respect for the right hon. Gentleman, and I also have respect for you—but perhaps I will drop all that. When the Cabinet met after the Prime Minister agreed the deal with other members of the European Union, Ministers at that point were asked to state their position—whether they wanted to remain or leave—and I doubt whether any of those positions will change.
Mr Speaker
Veritably, my cup runneth over at the generosity and good grace of the Minister, to whom we are indebted.
Sir William Cash (Stone) (Con)
The Minister calls on the law. The question of voter trust in this referendum, as I said to both the Prime Minister and the Foreign Secretary on 3 and 25 February, is paramount. For the voters who will decide this question, knowledge is, as we know, power. Does the Minister deny that under sections 6 and 7 of the later and express provisions of the European Union Referendum Act 2015, a legal duty is imposed on the Government to provide referendum information and the voter is entitled to accurate and impartial information, as the Minister for Europe agreed in reply to me when the House debated that Bill, through and from the Government and all Ministers of the Crown equally, and that this therefore being a statutory obligation overrides any prime ministerial prerogative such as the Cabinet Secretary acted upon in the guidance of 23 February? Does the Minister therefore deny that civil servants as Crown servants are legally obliged to provide such information accurately and impartially to all Ministers within their Departments so that the voters are properly informed and empowered to answer the question in the referendum?
Matthew Hancock
That is the normal course of events. It is for Ministers to make the argument, and for civil servants to support the Government’s position.
Mr David Davis (Haltemprice and Howden) (Con)
I was not standing, Mr Speaker.
Mr Speaker
The right hon. Gentleman is a most dextrous parliamentarian, and I am sure that he can recover very quickly. I think the accurate characterisation would be that he had been standing. He did not do so on this occasion, probably because he was chuntering from a sedentary position. He then stood again at my exhortation. He has now had plenty of time in which to formulate his question.
Mr Davis
It is all right, Mr Speaker. I was not sure whether it was the other David Davies whom you were calling.
We are fortunate to live in a democracy. We are not guided by Cabinet Secretary guidelines. As far as I know there is no manifesto basis for this, and as far as I know there has been no House of Commons vote for it, so what is the constitutional basis of the Prime Minister’s decision? Is it the royal prerogative?
European Council
John Bercow Excerpts(8 years, 3 months ago)
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Several hon. Members rose—
Mr Speaker
Order. May I gently remind the House that people who wish to take part in the exchanges should have been here at the start and remained throughout? People who have gone in and out of the Chamber, and may have come back in again, should not then be standing. That is very much in breach of the traditions of the House, and we need to be clear about that.
Mr Ronnie Campbell (Blyth Valley) (Lab)
One of the bogeymen policies for me was closer political union. If this country votes to stay in the EU on 23 June, what guarantees has the Prime Minister got that these things will be put in statute or written into a treaty at that time?
The Prime Minister
I am very happy to make that point. I do not know whether I will make it to Wimbledon, but I hope to make it to many parts of our country over the next four months to make exactly that point. We have not solved all of Britain’s problems with Europe—we have not solved all of Europe’s problems—but we have fundamentally addressed four major problems: too much of a single currency club, too much regulation, too much of a political union and not enough national determination over free-movement abuse and welfare. Those four things go to the heart of the problems we have had with this organisation.
Mr Speaker
As the Prime Minister knows very well, it is always worth while going to Wimbledon.
Ian Paisley (North Antrim) (DUP)
Will the Prime Minister welcome the support he has received today, surprisingly, from the Deputy First Minister of Northern Ireland, who has joined his campaign and who supports it, or will he encourage the people of Northern Ireland to stay in tune with his Secretary of State for Northern Ireland, who has indicated very strongly, in tune with them, that they should leave? If he is not going to support his Secretary of State, will he, then, follow the Deputy First Minister’s advice that she should resign? Will he now support his Secretary of State?
Several hon. Members rose—
Mr Speaker
Order. I will try to accommodate remaining colleagues, but short questions are now required. We are having pithy answers but we need short questions.
Rehman Chishti (Gillingham and Rainham) (Con)
As someone who has an open mind and can see competing arguments on both sides, may I ask that we ensure that the information used in the campaign is factually correct? A few weeks ago, a letter criticising the Prime Minister appeared in The Daily Telegraph and the Daily Mail, apparently signed by a local Conservative activist from my constituency, linking the association to the letter, yet no one had ever heard of that person. May I ask that information put forward by both sides is fair, accurate and factually correct so that the British public can decide on the basis of fair evidence?
The Prime Minister
Politicians complaining about the BBC is a pretty common activity. I remember the former First Minister of Scotland getting quite heated about this issue. Every media organisation is under an obligation—sorry, let me restate that, because it is certainly not true of the newspapers. Every regulated television business is under a duty of impartiality, and I am sure the BBC will carry that out.
Mr Speaker
I thank the Prime Minister, other colleagues and, indeed, all 103 Back Benchers who have taken part in this important exchange.
Oral Answers to Questions
John Bercow Excerpts(8 years, 4 months ago)
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Priti Patel
I did not fully hear the hon. Gentleman’s question, but I will certainly take it away. I understand that the Department is already looking at that matter.
Mr Speaker
It is a very serious situation if Ministers cannot hear the questions. It is also a considerable discourtesy to the people of Scotland if, when we are discussing these important matters, questions and answers cannot be heard. Let us please try to have a bit of order.
Sue Hayman (Workington) (Lab)
6. What discussions he has had with the Secretary of State for Transport and Ministers of the Scottish Government on the effect on communities in Scotland of the partial closure of the west coast main line.
John Nicolson (East Dunbartonshire) (SNP)
The Prime Minister claims that he will get a good deal for Britain in the European Union. Would the Secretary of State like to see the United Kingdom play the same role and have the same powers in the EU that he claims Scotland currently has in the UK?
Mr Speaker
That was quite tangentially related to the west coast main line, but I hope that the dexterity of the Secretary of State will admit of an answer.
David Mundell
Mr Speaker, the west coast main line is one of the most important routes within the United Kingdom to Europe via London. I have set out my position in relation to the EU referendum. If the SNP genuinely wants Scotland to remain in the EU, it is important that, rather than concentrate on process issues, it gets out and campaigns for it.
Philip Boswell (Coatbridge, Chryston and Bellshill) (SNP)
In the interests of the record, can the Secretary of State confirm that, under the powers that are being devolved as part of the current Scotland Bill, the Scottish Government will be able to vary rates and bands of the Scottish rate of income tax—[Interruption.]
Mr Speaker
Order. I apologise for interrupting the hon. Gentleman. The Secretary of State and the Minister could not hear the question because of a rude eruption of noise. Perhaps the hon. Gentleman can ask his question again, and perhaps Members will have the common courtesy to allow him to be heard by their own Ministers.
Philip Boswell
Thank you, Mr Speaker. We are getting used to interruptions. In the interests of the record, can the Secretary of State confirm that, under the powers that are being devolved as part of the Scotland Bill, the Scottish Government will be able to vary rates and bands of the Scottish rate of income tax, allowing the Scottish Government to make progressive choices on these additional powers, and that the half-baked Labour plan to raise Scottish income tax for everyone before these additional powers are transferred—
Mr Speaker
Order. Members need to learn the merits of the blue pencil. If they used the blue pencil and questions were shorter, they would benefit.
David Mundell
The Scottish Parliament will indeed take on those very significant tax powers, which it will be able to use as it sees fit. I hope it will use them to make Scotland a more attractive place for business and commerce and to grow the Scottish economy and the Scottish population.
Mr Speaker
Order. Before large numbers of hon. Members file out of the Chamber, I remind them that the election for the Chair of the Environmental Audit Committee is now taking place in Committee Room 16. Voting will continue until 1.30 pm. Voting on a deferred Division is taking place in the No Lobby, and that will continue until 2 pm.
UK-EU Renegotiation
John Bercow Excerpts(8 years, 4 months ago)
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Several hon. Members rose—
Mr Speaker
Order. I would call the hon. Member for Uxbridge and South Ruislip (Boris Johnson) to ask a question if he were standing, but he isn’t, so I won’t. You cannot have it all. I call John Redwood.
John Redwood (Wokingham) (Con)
As we are driven in the EU vehicle towards ever closer union and political union, how does it help to try to fit a couple of emergency brakes that lie within the control of the EU, not us? Is not the only way to get control of our borders, our tax revenues and our welfare system to leave, be a good European and let them get on with their political union?
Several hon. Members rose—
Mr Speaker
Order. A very large number of right hon. and hon. Members are still seeking to catch my eye. Legendarily, the Prime Minister, on several occasions, has been here for long periods to respond to questions, but there is now a premium on brevity that will be demonstrated, I am sure, by the hon. Member for Harwich and North Essex (Mr Jenkin).
Mr Bernard Jenkin (Harwich and North Essex) (Con)
May I point out to my right hon. Friend that the former director general of the legal service of the Council of Ministers, Jean-Claude Piris, has said:
“There is no possibility to make a promise that would be legally binding to change the treaty later”?
In fact, he then used a word which one might describe as male bovine excrement. Can the Prime Minister give a single example of where the European Court of Justice has ruled against the treaties in favour of an international agreement, such as the one he is proposing?
The Prime Minister
My hon. Friend is always very generous with his time, with his advice, and now with his clothing as well. The tie has arrived, and I feel that the blazer is soon to follow.
I do not think that I shall be able to come on 19 February—I hope that I shall still be in the thick of negotiations—but I will of course report the results to the House.
Mr Speaker
It is a very garish item, I am bound to say, but who am I to object to that? [Hon. Members: “Would you like one?”] I have suddenly been afflicted by a loss of hearing.
Sammy Wilson (East Antrim) (DUP)
I hope my tie is not too garish for you, Mr Speaker.
When the Prime Minister visits Northern Ireland, which I would welcome, will he visit the devastated fishing villages, the families angered by EU Court rulings on terrorists, the manufacturers smothered in red tape and the haulage companies whose employees run the gauntlet at Calais every week because of the EU’s chaotic immigration policy? Will he explain to them how his red card will prevent further destructive EU legislation, given that it requires him in 12 weeks to get 50% of Parliaments across the EU to oppose proposals backed by their own Governments?
The Prime Minister
My hon. Friend is absolutely right that, outside the EU, one option would be to take our seat at the WTO. The only problem is that the WTO has not signed many trade agreements in recent years. Those have tended to be bilateral agreements, such as the EU agreement with Canada, which we hope is about to come in, and that with Korea. Of course, Britain could, independently, sign trade agreements, but we have to weigh up how much influence Britain has as a member of the EU—a market of 500 million people—when negotiating the biggest and best trade deals with the fastest-growing countries in the world.
Stewart Malcolm McDonald (Glasgow South) (SNP)
The German Government and the European car lobby see the renegotiation as an opportunity to water down new proposals on emissions standards and type approval. Does the Prime Minister accept that that would be unacceptable to British drivers, and will he ensure that it will not be a bargaining chip in the renegotiation?
Several hon. Members rose—
Mr Speaker
Order. [Interruption.] I call Mr Tom Elliott—and he should not be diverted by the hon. Member for East Antrim (Sammy Wilson), who is sitting next to him.
Tom Elliott (Fermanagh and South Tyrone) (UUP)
Thank you very much, Mr Speaker. I will not be diverted, and I have no ties to offer either. One of the major drawbacks of the European Union for businesses is red tape and bureaucracy. I note that yesterday’s document stated that unnecessary legislation would be repealed. When will the public and our businesses be able to see which legislation is likely to be repealed?
Mr Speaker
Order. No, no, I am always very keen to hear from the hon. Member for Gravesham (Mr Holloway), but he only toddled into the Chamber some considerable way into the statement, as his puckish grin testifies. We will hear from him on a subsequent occasion. Perhaps we can just thank the Prime Minister for his patience and his courtesy. [Hon. Members: “Hear, hear!”] I would like to thank all colleagues for taking part. There will be many opportunities further to debate these important matters, but let us give thanks where they are due.
Oral Answers to Questions
John Bercow Excerpts(8 years, 4 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Peter Grant
There are any number of instances that we can all point to where the publication of information that the authorities would rather have kept hidden has led to significant public benefits. The expenses affair in this place was one example. I do not know of a single case where the release of information through the Freedom of Information Act has caused any significant public damage. Does the Minister agree that any change to the Act should be designed to make it easier, rather than harder, for citizens to find out what the Government are doing?
Mr Speaker
The hon. Gentleman is a softly spoken fellow but I want to hear him very fully—louder in future.
Matthew Hancock
I am happy to hear more from the hon. Gentleman because I am a great supporter of freedom of information and the Act, and of transparency. We have to make sure that its workings are accurate and we look forward to listening and seeing what the commission comes up with when it reports in due course.
Matthew Hancock
As a matter of fact, we are the most transparent Government ever. What is more, the hon. Lady will be delighted to know that only this morning the Cabinet Office published further spending information to ensure that we keep that mantle.
Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)
10. What assessment he made of the effectiveness of the Major Projects Authority prior to January 2016.
Robert Halfon
The hon. Lady will know, because the Public Accounts Committee, which she chairs, recently questioned the Infrastructure and Projects Authority, that we do publish the information she mentioned. She should be excited by the new Infrastructure and Projects Authority, because it brings together the experience of the Treasury and the Cabinet Office, it saves taxpayers’ money, in the light of spending review priorities, and it brings under one roof support for major projects such as Crossrail and the Thames tideway tunnel, as well as major transformational projects such as universal credit.
John Pugh (Southport) (LD)
Does the Minister think that it is a matter of regret that one can still become a permanent secretary without being directly associated with a major project?
Matthew Hancock
I want to pay tribute to Team Rubicon and all those who work with it. The role that veterans can play in shaping the future of young people and showing what it is to serve their nation is invaluable, and it is a lesson from which all of us can learn.
Margaret Ferrier (Rutherglen and Hamilton West) (SNP)
Q5. Since the Chancellor of the Exchequer took control of the public purse, he has utterly failed to get the deficit under control. To date this year, he has borrowed over £74 billion to plug the gap or—to use the vernacular his party is fond of using for a hypothetical independent Scotland—the monumental financial black hole in his books. Is he now likely to breach his own deficit reduction target for the year by somewhere in the region of £9 billion? Will the Prime Minister finally concede—
Mr Speaker
Order. I do not wish to be unkind to the hon. Lady, but I think we have the gist.
Mr Speaker
Order. That was a polite way of saying that the hon. Lady had concluded her question.
The Prime Minister
My right hon. Friend the Chancellor, and the economic strategy the Government have pursued, has cut the deficit in half from the record level we inherited. Soon it will be down by two-thirds. We are meeting what we want to see in terms of debt falling as a share of our GDP. What a contrast with the situation Scotland would be facing if it had voted for independence. In just six weeks, we have seen a 94% collapse in oil revenues. Because we have the broad shoulders of the United Kingdom, the collapse in the oil price and taxation will not affect people in Scotland. Had Scotland been independent, it would be a very, very dark day indeed.
The Prime Minister
The Government are absolutely committed to regenerating our coastal towns and ensuring that everyone, regardless of where they live in this country, has access to high-quality public services and the very best opportunities. I am happy to reaffirm that to the House today.
Mr Speaker
I do beg your pardon. We must hear from Mr Vickers first. [Hon. Members: “Hear, hear!”] Let us hear from the hon. Gentleman.
Martin Vickers
Thank you, Mr Speaker.
I recognise the initiatives the Government have taken, but the Prime Minister will know that many coastal towns, such as Cleethorpes, suffer from poor educational standards. We have many high-performing academies trying to reverse that and ensure that our young people have access to sport, arts and culture at the highest level. The council is preparing a report with the private sector. Will he commit the Government to working with me and the council to deliver regeneration to Cleethorpes?
The Prime Minister
No one, Mr Speaker, could silence the voice of the Humber. That was not going to happen.
My hon. Friend is absolutely right, and I am happy to look at the proposal with him. We have to make sure we tackle both failing schools and coasting schools, and there are some in coastal areas of our country. One issue is making sure we get very talented teachers and leaders into those schools, and that is what the national leaders of education service is all about, but I am happy to talk further with him.
Ian Paisley (North Antrim) (DUP)
Déjà vu.
Rathlin island is the only inhabited coastal village or town in my constituency. No British Prime Minister has ever had the honour to visit that part of Ulster. When does the Prime Minister plan to visit this remote location, which has considerable economic needs and could generate more employment and tourism?
Charities (Protection and Social Investment) Bill [Lords]
John Bercow Excerpts(8 years, 4 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Anna Turley (Redcar) (Lab/Co-op)
I beg to move, That the clause be read a Second time.
Mr Speaker
With this it will be convenient to discuss the following:
New clause 2—Disposal of assets—
“The Charity Commission shall ensure that independent charities are not compelled to use or dispose of their assets in a way which is inconsistent with their charitable purposes.”
New clause 3—Power to make representations—
“(1) A charity may undertake political campaigning or political activity in the context of supporting the delivery of its charitable purposes.
(2) A charity may campaign to ensure support for, or to oppose, a change in the law, policy or decisions of central government, local authorities or other public bodies.”
New clause 4—Power to hold hearings on fundraising regulation and charity activity—
“(1) The Commission has the power to hold public hearings with representatives from charities, charity trusts and other relevant bodies on fundraising regulation and charity fundraising activities.
(2) Representatives appearing at the public hearings specified in subsection (1) are protected by legal professional privilege.”
This amendment requires the Charity Commission to hold annual hearings on fundraising regulation and the workings of charities and provides participants with the protection of legal professional privilege.
New clause 5—The Charity Commission as primary guarantor of the regulatory system for fundraising—
“(1) Section 69 of the Charities Act 2006 (Reserve power to control fund-raising by charitable institutions), which inserts section 64A into the Charities 1992 Act (Reserve power to control fund-raising by charitable institutions) is amended as follows.
(2) In subsection (1) for “Minister” substitute “Charity Commission”.
(3) After subsection (8) insert—
“(9) The Charity Commission shall report annually to the Minister on the exercise of its powers under this section.
(10) On reviewing the annual report or if the Secretary of State considers the Commission is not effectively exercising its function as guarantor of the regulatory system the Minister may himself exercise the powers under this section.””
This amendment makes the Charity Commission the primary regulator of charities fundraising activities, requires the Charity Commission to report annually to the Cabinet Office on its regulation of charitable fundraising, and allows the Government to intervene in this regulation as a last resort.
Amendment 9, in clause 1, page 1, line 12, at beginning insert “Subject to subsection (3)”.
Amendment 8, page 1, line 12, leave subsection (2) and insert—
‘(2) The Commission may issue a warning to a charity trustee, a trustee for a charity or a charity in any way it considers appropriate but may not publish a warning to a wider audience.”
Amendment 10, page 1, line 15, at end insert—
‘(2A) If the Commission decides to publish a warning under subsection (2) it must do so in a manner which does not identify the charity, or charity trustee, in relation to which the warning is issued.”
Amendment 11, page 1, line 16, after “give” insert “at least 14 days”.
Amendment 12, page 2, line 6, leave out subsection (b) and insert—
“(b) such advice or guidance that the Commission considers may assist the charity to remedy the conduct which gave rise to the warning, as referred to in (a) above.”
Government amendment 2.
Amendment (a), line 10 at end add—
‘( ) If the Commission publishes notice that a warning has been withdrawn under subsection (2), the notice must state the reasons for the withdrawal.
( ) No record of a warning withdrawn by the Commission should be held on the Register of Charities.”
Government amendment 3.
Amendment 1, in clause 9, page 10, line 2, at end insert—
‘(22) Before this section comes into force, the Secretary of State shall lay a report before Parliament on the impact of the extension of the disqualification framework on—
(a) people with criminal records who are trustees of, or employed by, charities, and
(b) charities which work with, or employ, ex-offenders.
(23) The report shall include, but not be limited to—
(a) an assessment of the number of people employed by charities who will be affected by the extension of the disqualification framework to cover senior management positions,
(b) an assessment of the number of people who are trustees of, or employed by, charities who will be affected by the extension of the list of specified offences for which people will be automatically disqualified from being a trustee of, or a senior manager in, a charity,
(c) an assessment of the impact of the new disqualification framework on former offenders who are seeking, or intend to seek, employment in the charitable sector, including on their recruitment, retention, career prospects and long-term rehabilitation and resettlement,
(d) an assessment of the impact of the new disqualification framework on former offenders who are currently employed in the charitable sector, including on their retention, career prospects and long-term rehabilitation and resettlement,
(e) an assessment of the impact of the new disqualification framework on people with criminal records who are trustees or employees of charities which are partners in, or are contracted by, community rehabilitation companies (CRCs) and its impact on the successful running of those organisations,
(f) an assessment of the effectiveness of the existing waiver process provided for under section 181 of the Charities Act 2011,
(g) an assessment of the impact of the new disqualification framework on the number of applications for waivers to the Charity Commission,
(h) a description of how the working group set up by the Charity Commission on the waiver process will be constituted, how it will be resourced, what timelines it will be working to, its working method and intended outputs, and how it will work in consultation with people with criminal records and charities that work with, or employ, ex-offenders,
(i) a description of the criteria the Charity Commission will adopt in considering applications for waivers, and the weight it will attach to the views of the trustees of the charity or charities concerned,
(j) a description of how the waiver process will operate in relation to prospective candidates for senior management positions in charities, including the timescales for decisions and mechanisms to ensure that ex- offenders do not suffer indirect discrimination as a consequence of delays in assessing applications for waivers while a competitive recruitment process is underway,
(k) an assessment of the impact of the new disqualification framework on the resources provided by the Charity Commission to administer the waiver application process.”
This amendment would require the Secretary of State to lay before parliament a report on the impact of the extension of the disqualification framework on people with criminal records who are trustees of, or employed by, charities, and on charities which work with, or employ, ex-offenders before the section came into force.
Amendment 13, in clause 10, page 10, line 7, after “person” insert “or persons”.
Government amendment 4.
Amendment 14, page 10, line 35, leave out
“(either generally or in relation to the charities or classes of charity specified or described in the order)”
and insert
“, as defined by the Commission in a specific document to be published after consultation and renewed”.
Amendment 15, page 11, line 33, after “conduct” insert “both relevant and serious”.
Government amendments 5 to 7.
Anna Turley
It is a pleasure to speak today on behalf of Her Majesty’s Opposition about this, my first Bill. The Committee process has been excellent, and I welcome this opportunity to revisit the Bill and talk again about some of the issues that were raised.
The main objective of the legislation is to provide a strong regulatory framework to support the charity sector and its trustees. In particular, it aims to strengthen the Charity Commission’s arm by giving it more powers to regulate charities. That is an important objective, which we support, but we are clear that the right safeguards must be in place. The Charity Commission is the guardian of public trust and confidence in charities. On the whole, it does an excellent job, particularly in the context of the assault on its budget over the past six years. It is important for the integrity of the charitable sector that the commission should have the tools to do its job properly, and for that reason we support many of the Bill’s provisions.
However, as with any regulator, it is vital to ensure that the commission’s powers are subject to appropriate safeguards. Unfortunately, some of new powers for the regulator introduced by the Bill lack such safeguards and therefore leave scope for the commission to overreach itself. That threatens the independence of charities and the integrity and reputation of the commission, and it could fundamentally change the relationship between the commission and the charity sector.
Our concerns are shared by the sector, its advisers and more widely—the Charity Law Association, for example, has said that the new powers in the Bill need to be balanced by appropriate and proportionate safeguards. It points out that the new powers will apply not only in rare cases of deliberate abuse but to all charities and their many hundreds of thousands of well-meaning volunteer trustees.
A group of sector umbrella bodies, including the Directory of Social Change, the Association of Chief Executives of Voluntary Organisations, the National Council for Voluntary Organisations and the Charity Finance Group, have all expressed serious concerns about the lack of safeguards. The Joint Committee of the House of Lords and House of Commons that scrutinised an early draft of the Bill called for necessary safeguards to be included, and, of course, we pushed for those in Committee.
The Minister may point out, as he did in Committee, that the Charity Commission has a statutory obligation to act proportionately. We acknowledge that, but experience has shown that, sadly, that is not enough. In a recent High Court case involving the commission and the Joseph Rowntree Charitable Trust, the Lord Chief Justice referred to “ludicrous time limits” imposed by the commission in a regulatory situation; he said he could understand why it was felt that the Charity Commission had behaved in an extremely high-handed manner in that case.
The commission should, of course, have the power to do its job, but sensible limits should be imposed on how it exercises its powers. Our amendment would redress the balance.
Mr Speaker
Consideration completed. I will now suspend the House for about five minutes in order to make a decision about certification. The Division bells will be rung two minutes before the House resumes. Following my certification, the Government will be tabling the appropriate consent motion, copies of which will be available shortly in the Vote Office and will be distributed by Doorkeepers.
Mr Speaker
I can now inform the House of my decision about certification. For the purposes of Standing Order No. 83L(2), I have certified that the Charities (Protection and Social Investment) Bill [Lords] relates exclusively to England and Wales on matters within devolved legislative competence, as defined in Standing Order No. 83J. Copies of my certificate are available in the Vote Office. Under Standing Order No. 83M, a consent motion is therefore required for the Bill to proceed. Does the Minister intend to move the consent motion?
Mr Speaker
Even a nod from a Whip would suffice, but instead we have the full throttle of ministerial words. The House is greatly privileged and the occasion, I feel sure, will not be forgotten.
The House forthwith resolved itself into the Legislative Grand Committee (England and Wales) (Standing Order No. 83M).
[Natascha Engel in the Chair]
Oral Answers to Questions
John Bercow Excerpts(8 years, 5 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
David Mundell
I have no grievance, manufactured or otherwise. I am confident that the Scottish Government want to achieve an agreement. The UK Government want to achieve an agreement based on fairness to Scotland and fairness to the rest of the United Kingdom. I give the hon. Gentleman an absolute commitment that the fiscal framework, as agreed, will be subject to full parliamentary scrutiny here in Westminster and in the Scottish Parliament.
Sir Henry Bellingham (North West Norfolk) (Con)
3. What plans he has to meet Ministers of the Scottish Government to discuss defence installations in Scotland.
Mr Gauke
The best way to help working households in this country is to ensure that we have a job-creating economy; that wages go up; that we introduce a national living wage that will help millions of people; and that we have a secure and stable economy. That is what this Government are delivering. [Interruption.]
Mr Speaker
Order. Household incomes in Scotland will be of intense interest, not least to people living in Scotland. We must hear the questions and the answers.
Margaret Ferrier (Rutherglen and Hamilton West) (SNP)
In a recent written parliamentary question to the Secretary of State, I asked:
“what discussions he has had with the Secretary of State for Work and Pensions on the introduction of the Work and Health Programme in Scotland.”
His response was a masterful example of how not to answer, which is what we have seen again today. Will he now take the opportunity to tell the House whether he has bothered to discuss with the Department for Work and Pensions how this new programme will affect my constituents?
The Secretary of State for Scotland (David Mundell)
I regularly discuss a range of matters with the Scottish Government. Although higher education is a devolved matter, the available figures show that application rates for those aged 18 in 2014 and 19 in 2015 were 37% in Scotland compared with 44% in England. [Interruption.]
Mr Speaker
Order. I also wish to hear the voice of Christchurch on the matter of Scottish universities.
Mr Chope
How can it be in the United Kingdom national interest that school leavers from Scotland are being denied access to their own universities because of the arbitrary cap on numbers imposed by the Scottish Government, when school leavers with lower qualifications from the rest of the UK are able to gain such access?
David Mundell
We always listen with interest and take forward in a positive way anything that is forthcoming from the Scottish Affairs Committee, and I look forward to reading the hon. Gentleman’s report.
Mr Philip Hollobone (Kettering) (Con)
9. What the administrative cost of running his Department was in 2010; and what he expects that cost to be in 2020.
Several hon. Members rose—
Mr Speaker
Order. Two years ago tomorrow, I believe, the House lost a superb parliamentarian and a colleague much loved in all parts of the House. I refer to the predecessor of the hon. Member for Wythenshawe and Sale East (Mike Kane), Paul Goggins. We remember him with affection and respect, and we also remember and think fondly of his widow, Wyn, and their children Matthew, Theresa and Dominic. They are all wonderful human beings, and we wish them well for the future.