Oral Answers to Questions

Debate between Wendy Morton and Sheryll Murray

Wednesday 26th April 2017 Commons Chamber

[Wendy Morton (Aldridge-Brownhills) (Con)]

7. What assessment he has made of the implications for Wales’s trading opportunities of the UK’s decision to leave the EU.

[Mrs Sheryll Murray (South East Cornwall) (Con)]

10. What assessment he has made of the implications for Wales’s trading opportunities of the UK’s decision to leave the EU.

Local Audit (Public Access to Documents) Bill

Debate between Wendy Morton and Sheryll Murray

2nd reading: House of Commons
Friday 25th November 2016 Commons Chamber

[Wendy Morton (Aldridge-Brownhills) (Con)]

I beg to move, That the Bill be now read a Second time.

Before I come on to the detail of my Bill, I would like to say what a pleasure it has been to spend time in the Chamber this morning, and particularly to follow my hon. Friend the Member for Bosworth (David Tredinnick) and what he aptly calls his Santa Claus Bill. I remember introducing my first private Member’s Bill last year, which we fondly referred to as the Peter Pan and Wendy Bill.

[Mrs Sheryll Murray (South East Cornwall) (Con)]

I congratulate my hon. Friend on introducing her second private Member’s Bill in her first term in Parliament. If she is successful, as we hope, she will have equalled my record in the last Parliament. I wish her every success.

[Wendy Morton]

I am grateful to my hon. Friend for her intervention. If I am successful with this Bill, I will perhaps have to try to beat her record and go for a hat trick. There is a challenge for her.

Going back to my hon. Friend the Member for Bosworth, it struck me that there is a link between my constituency and his—the A5, which runs to Hinckley, but also through Brownhills in my constituency.

Although the title of my Bill is the Local Audit (Public Access to Documents) Bill, it is not really about audit at all. I was going to say that the title might be a little misleading, but I am not sure whether I am allowed to use that term, so let me say that the title does not really encapsulate what the Bill is all about. Let me explain that a little further.

The aim of the Bill is further to improve the transparency and accountability of local public bodies. Because it would amend the Local Audit and Accountability Act 2014 in respect of the people who are able to inspect accounting documentation, the title has to reflect that parentage. I hope Members will indulge me in explaining that point today. This is a very short piece of legislation, but I believe it is one that we should welcome, because it would make a single and very simple change to the 2014 Act.

The Bill is designed explicitly to amend legislation so that journalists, including citizen journalists, can have the right for one month to inspect the accounting records of the financial year just ended of any relevant authority and to request copies of those documents—without being required to have an interest in that authority.

--- Later in debate ---

[Wendy Morton]

My hon. Friend is making some interesting interventions this afternoon, but to expand my Bill to that extent might be a little beyond its remit.

[Mrs Sheryll Murray]

Does my hon. Friend agree that the Bill builds on the requirement in the Localism Act 2011 that any local authority that wants to increase its council tax revenue by more than a certain percentage has to take the matter to a referendum? The Bill will bring more transparency and enhance what there is already.

[Wendy Morton]

Absolutely. My hon. Friend is right, and her point goes back to what I am trying to say about openness and transparency, which are at the heart of my Bill and which I believe the public want to see more of.

Following the abolition of the Audit Commission, it could be argued that local electors should have more awareness of their rights and be prepared to challenge councils on unacceptable spending, especially in the light of reducing resources. The Bill has the potential to provide local electors with information that will help to raise their awareness, which surely can only be a good thing.

I understand that the Government support the Bill’s intent and have previously signalled their intention to legislate on this issue at the earliest opportunity. My hon. Friend the Minister might wish to say a little more on that point in due course, but I hope that all right hon. and hon. Members present will support me in taking forward the Bill so that it receives its Second Reading and can go on to Committee and beyond.

NHS (Charitable Trusts Etc) Bill

Debate between Wendy Morton and Sheryll Murray

Friday 22nd January 2016 Commons Chamber

[Wendy Morton]

My hon. Friend is correct that my Bill is the result of public consultation, as I will expand upon later.

Schedule 1 already makes a range of amendments to primary legislation consequential to the removal of the Secretary of State’s powers in England to appoint trustees to NHS bodies and to appoint special trustees, and it would be unusual to consult the public on regulations making such consequential changes. Proper scrutiny of such consequential amendments would be undertaken by Parliament. That is the main reason I do not support his amendment even though it is a valid discussion point.

I will move now to those amendments that relate to the appointment of trustees. My hon. Friend the Member for North West Hampshire has clearly given a lot of thought to my Bill and introduced some very worthy and interesting amendments. I wish to make it clear, however, that I do not wish to swap the letterbox of Aldridge-Brownhills for that of North West Hampshire, given the apparent tone of much of the mail that he receives, and neither would I wish to go camping with his family—the thought of my sleeping bag being laid on concrete does not appeal. I would prefer something more comfortable. Even a field would be preferable—ideally undercover.

The removal of the Secretary of State’s powers to appoint trustees is central to my Bill. Having him appoint trustees makes it difficult for these NHS bodies to demonstrate visible independence from Government in the eyes of potential donors. That cuts to the heart of my Bill. Having read and considered the amendments carefully, and having listened to this debate, I struggle to see how they would work on a technical level. The current power is to appoint trustees to particular NHS bodies or to appoint special trustees, not, as the amendments suggest, to appoint trustees to NHS charitable trusts. They therefore seek to re-establish a power that does not currently exist in such a form. I know that the Bill at times gets very technical, but we have to keep coming back to what it sets out to do and the consultation it came from. Similarly, the amendments seeking to retain the Secretary of State’s power to appoint trustees in particular circumstances, when there is a commitment to remove them, are not appropriate.

Before I talk further about amendments relating to trustees, it is important to remind ourselves of the background to clause 1, which I have alluded to before. The Bill concerns the removal of the Secretary of State’s powers to appoint. Since 1973, the Secretary of State has had powers to appoint so-called special trustees to manage charitable property on behalf of hospital boards. In 1990, powers for the Secretary of State to appoint trustees in relation to NHS trusts were enacted, and have since been extended to other NHS bodies. These powers are now set out in the National Health Service Act 2006, as amended.

My private Member’s Bill fulfils a commitment made by the Government subsequent to the Department of Health review and consultation—there is that word again—in 2012, which covered the governance of NHS charities. As a result, NHS charities will be allowed to convert to independence and the Secretary of State’s powers to appoint trustees will be removed at the earliest opportunity. That is what my Bill is designed to achieve.

[Mrs Sheryll Murray]

In the light of what my hon. Friend has said, are not some of the amendments completely unnecessary, because consultation has already taken place? Is that correct?

[Wendy Morton]

Absolutely. As I am explaining, the amendments, worthy of consideration though they be, are not necessary in the light of the research I have done, and they would fundamentally change the objectives of the Bill.

The amendment to make

“provision for one trustee to be appointed by the NHS institution…for whose benefit the charitable trust exists”

is an interesting one, but again I do not believe it necessary. Under the new independent charity model there can be a “blend of trustees”, meaning there can be a link to the hospital—on the proviso that the NHS members remain in the minority. That is important. When we are seeking to move away from Secretary of State appointments to a more independence model for special charities, it is the word “independence” that is crucial. These charities are seeking to be independent of Government for fundraising and many other purposes.