Adviser on Ministerial Interests

Alberto Costa Excerpts

Tuesday 21st June 2022 Commons Chamber

[Alberto Costa (South Leicestershire) (Con)]

At the outset, I should like to remind the House that I am a member of the Committee on Standards and of the Committee of Privileges. Accordingly, I will keep my comments short and away from any specific incident or series of incidents, or any particular personalities involved or alleged to have been involved, in any particular case or cases. My comments this afternoon relate to our constitutional arrangements and why I am unable to support the Opposition’s motion.

I have long championed enhanced standards in this place. I have been instrumental in putting forward proposals to develop our standards processes, and ensure that both complainants and those complained of are given a fair, transparent hearing, with a good appellate system. But I think the comments of my right hon. and learned Friend the Minister for the Cabinet Office and Paymaster General should be carefully listened to by all Members of the House. He rightly referred to the separation of powers, an issue that I regularly raise on the Committees on which I serve. It is useful for the House to remind ourselves of what we mean by “separation of powers”. It may be trite of me to do this, but some Members have come to me stating that they do not believe that the UK has any separation of powers, so it is important to remind the House of what we mean by separation of powers.

There are, of course, three arms to the British state—three organs of the state: this place, with the House of Lords and the sovereign in Parliament, which is the legislature, whose principal role is to make law; the judiciary, which comprises the courts and tribunals across the whole of the UK, whose principal function is to enforce the law that we make; and the Executive, who are of course a creature of this legislature, but are separate from it. They are separate from it and have their own staff, whom we call civil servants. Civil servants are loyal to the Government of the day and act impartially, but they are not neutral; they are there to further the democratic and legitimate aims of the elected Government of the day.

Part of our democratic and constitutional arrangements is that the Prime Minister of this country, the Head of Government of this country, has very limited defined powers, but one of them is patronage: choosing his or her Cabinet, choosing those who serve the Government. That includes choosing those who are operationally independent of government but part of the Government. That includes a very large number of people. This place also appoints individuals who are called “operationally independent” of the House, but who are officers of the House. Given that we are having a discussion on standards, let me say that the most obvious office holder who is a creature of the House of Commons—the office is created by this body—is of course the Parliamentary Commissioner for Standards. Notably, the other House of the British legislature has its own Commissioners for Standards, separate from the officer of this House.

So it is imperative that in order to consider how Members might vote on this motion, we clearly understand the delineations of the separations of power. That is why the comments made by the able Minister at the Dispatch Box were absolutely correct; it would be utterly irresponsible to pass a motion that would create confusion and create the very opposite of what we want to see, which is transparency. What would happen is that the legislature would, in effect, be given authority over another arm of the state. We would not dream of appointing a House of Commons adviser on standards to the judiciary, would we? Would we impose our standards on day-to-day operations of the judiciary? That would be absurd. In fact, it would be dangerous.

[Jackie Doyle-Price]

I share in some of what my hon. Friend is saying, but we are talking about Ministers who are both simultaneously Members of this House and members of the Government. The fact remains that Back-Bench Members of Parliament are subject to more scrutiny through the Parliamentary Commissioner for Standards than we have in the current situation with Ministers responsible to the Prime Minister through the ministerial code, unless there is some transparency through a process through an ethics adviser. Will my hon. Friend comment on that?

[Alberto Costa]

I welcome my hon. Friend’s intervention because it allows me to clarify what I consider to be an error. The right hon. Member for Ashton-under-Lyne (Angela Rayner) said that we must have a system of conduct that affects each and every one of us, but we do: all members of the Government are Members of this House or of the other place, and they must abide by a code of conduct. That code of conduct is adjudicated on by the Parliamentary Commissioner for Standards in this place and the commissioners for standards in the other place, as well as the respective Committees on standards.

Most importantly, I should add that, under our system, the de facto sovereign body—the supreme governing body—of our country is this place, ultimately, Ministers are accountable to all hon. Members when they are at the Dispatch Box, and so is the head of Government. Under our constitution, if the head of Government loses the confidence of this House, they lose the role. That is the ultimate conduct check that our system allows for. Any moves to change that system, whatever the intentions might be—they might be noble—ought to be properly debated and consulted on, and must be cross-party in approach. It would be highly irresponsible to force through such a motion, which seeks to fundamentally alter our British constitutional arrangements vis-à-vis the Executive.

[David Linden]

I would contend that the motion is more an issue of House business than necessarily of the constitution, but we may disagree on that. I want to go back to what the hon. Gentleman said about this place not interfering with the judicial system. Is it not the case that many Conservative Back Benchers, although perhaps not him, would be quite happy to see, for example, the Supreme Court taken out of the equation because it has become unnecessary, unyielding and not helpful to the Government? Are the Government not guilty of trying to interfere with the judicial system?

[Alberto Costa]

I understand why the hon. Gentleman makes that point, but the counter-argument to that is that this is the locus and the forum for having thorough debates. When the Government of the day make proposals in respect of our legal system—of course the Scottish Government and the Scottish Parliament are wholly in control of the Scottish legal system, which is another great legal system of the United Kingdom—our respective Parliaments are the arenas to discuss, debate, vote on, challenge and scrutinise them. This motion and this short debate do not begin to scratch the surface of the scrutiny required in those sorts of debates, so hon. Members who are thinking about voting for this motion ought to ask themselves whether this short debate is justifiable in terms of length and scrutiny before making such a change.

I re-emphasise the Minister’s point about the accountability of the individual appointed. At present, as I said, the Parliamentary Commissioner for Standards is an officer of this House and is not accountable to the other place or to the Government; she is accountable to us—this House of Commons. It is wholly unclear in the motion whether, in appointing an adviser, that adviser would hold the same authority as an officer of this House. Would that individual also acquire the right to conduct investigations under parliamentary privilege? Would they have the power to command any witness to appear before them and demand the disclosure of evidence? Exactly what is meant by an “adviser to the Committee”?

PACAC is a distinguished Committee, and it has a distinguished Chair in my hon. Friend the Member for Hazel Grove (Mr Wragg), but exactly what sort of powers does the motion suggest should be given to that putative standards commissioner? That is what I think the motion entails: it creates another standards commissioner.

[John Penrose]

Does my hon. Friend agree that one worrying thing about the motion is that there is no end date to the adviser’s position, once established? Were the adviser to be in place and then the Prime Minister were to appoint his or her own adviser, we would have two different advisers, one advising the Committee and one advising the Prime Minister, potentially arriving at different conclusions from the same facts.

[Alberto Costa]

Indeed, and of course that emphasises the political motivation behind the motion, which is to create mischief and the very opposite of transparency. It would just create the opportunity to castigate the Executive of the day. I say gently to the Opposition that what is sauce for the goose is sauce for the gander. We have a mature democracy in our country, and whoever wins at election time—whichever party holds a majority in this House—becomes the Government immediately. There is no transition period. With this motion we would be seeking to fetter that Executive, and particularly the Head of Government, preventing them from undertaking their important constitutional duties.

For those reasons, and many more that would come out if we had a proper debate on the motion and proper scrutiny of it, I believe that it is deeply misguided. I encourage all Members to put aside party politics and vote it down.

Living with Covid-19

Alberto Costa Excerpts

Monday 21st February 2022 Commons Chamber

[The Prime Minister]

The answer to those questions is yes and yes. The 1.3 million clinically extremely vulnerable will of course be given access to free testing. They will also have access to the largest quantity of anti-virals and therapeutics per head of any European population.

[Alberto Costa (South Leicestershire) (Con)]

With a world-leading successful vaccination programme, the fastest growth rate in the G7, and in my constituency some of the highest employment we have seen in generations, does that not demonstrate that when it comes to the big decisions during the covid pandemic this Prime Minister and the Government he leads have got them right?

[The Prime Minister]

Yes, I have to say. I am casting modesty, if not caution, to the winds. Yes, we have got it right, although there have been some very difficult decisions. It would have been nice today, finally, to have had the support of the Opposition.

Covid-19 Update

Alberto Costa Excerpts

Wednesday 19th January 2022 Commons Chamber

[The Prime Minister]

The right hon. Gentleman makes an extremely important point. The data I have is that we are up to 94.7% of NHS staff who have been vaccinated. That is a great improvement, but we have to make sure that we cull all the data as fast as possible and work with all the NHS trusts to do that. One of the big things that we have learned in this pandemic is that data needs to be much more accessible—faster—to the Department of Health and Social Care.

[Alberto Costa (South Leicestershire) (Con)]

Had we listened to the Opposition prior to Christmas, the restrictions that they were asking for would have had a catastrophic effect. Thank goodness we have this Prime Minister, who has done the right thing. May I ask him about the Feilding Palmer Hospital in Lutterworth? Will he help me to arrange an urgent meeting with the Secretary of State for Health and Social Care to discuss the important future of that hospital, which is being used as a covid vaccination centre?

[The Prime Minister]

You bet.

Oral Answers to Questions

Alberto Costa Excerpts

Wednesday 19th January 2022 Commons Chamber

[Alok Sharma]

As the hon. Gentleman will know, the Department for Environment, Food and Rural Affairs is doing an enormous amount to tackle the issues in respect of net zero. On the COP itself and the joint work we are doing around the world, we have put in place a number of mechanisms that we will continue this year, particularly when it comes to sustainable development.

[Alberto Costa (South Leicestershire) (Con)]

Given that the Centre for International Environmental Law states that plastic pollution and global warming are linked, does the Minister agree that we need to do far more to tackle the scourge of microplastic and microfibre pollution in our marine environment?

[Alok Sharma]

My hon. Friend raises an important point. He knows that in some of these policy areas we are leading the world, and he will also know that we have been leading the effort to get countries to make the 30by30 commitment to protect our oceans and, of course, our lands.

Oral Answers to Questions

Alberto Costa Excerpts

Wednesday 12th January 2022 Commons Chamber

[The Prime Minister]

I welcome the point that the hon. Gentleman makes in the partisan spirit with which I think it was intended. I do not agree with him, but can I suggest respectfully that he waits until the inquiry is concluded, which I hope will be as soon as possible?

[Alberto Costa (South Leicestershire) (Con)]

Washing machine manufacturers are considering installing microfibre filter systems in all new washing machines. Will the Prime Minister ask his Ministers to look at—[Interruption.]

[Mr Speaker]

Order. We have a slight problem. Some Members want to catch my eye, but the longer this question takes, the less time there will be for other people to get in.

[Alberto Costa]

People are laughing at plastic pollution, Mr Speaker. Will the Prime Minister ask his Ministers to look into the viability of my Bill, which has cross-party support and seeks to introduce inexpensive microplastic filters on all new washing machines?

COP26

Alberto Costa Excerpts

Monday 15th November 2021 Commons Chamber

[The Prime Minister]

It is always worth remembering that steel output fell by 50% under the Labour Government because of their reckless mismanagement of the energy issue. What we have done is put about £600 million into relief for the steel industry to help it to cope with high energy costs, and a £315 million fund to transform steel and help it to move towards clean, green energy. That is what is needed.

[Alberto Costa (South Leicestershire) (Con)]

I thank the Prime Minister, the COP26 President, my right hon. Friend the Member for Reading West (Alok Sharma) and all the teams for the enormous work they have done in putting together a great programme as the UK hosted COP26, in partnership with Italy. May I ask the Prime Minister to reassure the good people of South Leicestershire, and for that matter the country, that the agreement his Government have entered into, and the policies and Bills he will bring before Parliament, will not just help to improve the climate, but bring brilliant jobs to the people of South Leicestershire as part of the green deal economy that we are all looking forward to?

[The Prime Minister]

Yes. I thank my hon. Friend. I should have renewed my thanks for the Italian presidency of the G20 and co-presidency of COP, and to Mario Draghi, who did an outstanding job throughout the period. My hon. Friend is totally right on the green industrial revolution. In the year since the 10-point plan was put forward to business around the world, £15 billion of investment in green technology has been secured in this country and many tens of thousands of high-wage, high-skilled jobs. That is the future.

Committee on Standards: Decision of the House

Alberto Costa Excerpts

Monday 8th November 2021 Commons Chamber

[Alberto Costa (South Leicestershire) (Con)]

It is always a pleasure to follow the amusements of the hon. Member for Perth and North Perthshire (Pete Wishart), who I am sure would be delighted to have the title of Lord of Perthshire. I congratulate the hon. Member for North East Fife (Wendy Chamberlain) on securing the debate; I work with her on the Select Committee on Scottish Affairs and have a great deal of respect for her.

I am one of the longest-serving Members of Parliament on the Committee on Standards. Probably very few hon. Members know that, because I very rarely raise any issue in this Chamber about standards matters, but I frequently raise my concerns with the Chairman of the Committee, the hon. Member for Rhondda (Chris Bryant), who will speak very shortly. He will no doubt inform the House that I have consistently and regularly made known, at every opportunity and every Committee meeting, my deep concerns about the process by which the Committee operates. As the only lawyer member of the Committee until very recently, I would like to share with the House where the problems lie.

There are two principal issues at fault, both caused by the House of Commons and its Standing Orders. First, the principal duty of the Committee on Standards, as outlined in Standing Order No. 149, is

“to oversee the work of the Parliamentary Commissioner”.

That is my primary duty as a member of the Committee, but a few pages along, Standing Order No. 150 states that one of the

“principal duties of the Commissioner shall be…to advise the Committee”.

We are in the odd position where the Parliamentary Commissioner for Standards, acting with the utmost integrity, presents her findings to the Committee; we listen to her findings; we then invite Members to give their submissions; and at the end, during our deliberations, we have the commissioner back in without the MP in the room who has been complained of.

The commissioner is put in that unenviable conflicting role because of us, and she attends the Committee as the principal adviser to it. There am I, sitting in the Committee, having heard her submissions and then heard the other side—the MP’s submissions—only to have the commissioner back in the room ready and willing to answer, wearing that second hat that we have given her. That puts the commissioner in an unfair position, and it is where I have long argued that there is the potential for a breach of natural justice.

Let me go further. The Leader of the Opposition said that many of our constituents would be envious if they had the process that we have for adjudicating complaints, but let me say this very clearly: our Committee is a Committee of 14 people. There are seven excellent laypeople, who are of the utmost integrity, and seven MPs, who I would also like to say are of the utmost integrity, but none of us, myself included, has any judicial experience—none. I cannot think of any private or public body that adjudicates on, regulates or disciplines its members that has a committee of 14 people.

[Kevin Brennan]

Will the hon. Gentleman give way?

[Alberto Costa]

Not just now.

In the real world, where I used to advise as a lawyer, it is common for the HR process to have a panel of three. It is so common that only last year, this House approved setting up the independent expert panel by which all claims of bullying or sexual harassment against any of us are adjudicated. They are adjudicated not by me and my 13 colleagues on the Committee on Standards, but by former High Court judges and others with the highest level of legal experience, in—guess what?—a panel of three, not a panel of 14.

Sir Stephen Irwin, who set up the Independent Expert Panel on our behalf, has created, as one would expect a judge to create, a very simple set of appeal rules. For Members who come before that sub-panel and feel that they have not been treated in a manner that they think is in accordance with natural justice, and have a ground, Sir Stephen has set up a system of appeal to a further body of three, a body that he chairs. Why is it good enough for claims of bullying or sexual harassment against MPs, but not for claims of paid consultancies against MPs? It is inconsistent that we have this split system of adjudicating on MPs.

[Kevin Brennan]

Is it that novel a concept to be judged by a jury of one’s peers—or by seven lay people, for that matter?

[Alberto Costa]

I will tell the House what is most certainly not novel. Let us imagine that in any normal court of law, whether civil or criminal, there are two parties, a claimant and a respondent, and at the end of the trial the judge and the jury invite one of those parties into the room to deliberate with them. That is the system that we currently have, and it caused by us—by our allowing this conflicting, unenviable role of the commissioner, in which she is the investigator and presenter of the case to the Committee, and then comes in wearing a second, adviser’s hat. That is unfair on her, and we need to change the system.

[Sir William Cash]

My hon. Friend is making a compelling case, and wrote an excellent article in The Times today. Could he let me know whether, at any stage in this inquiry, he expressed to the Chairman of the Committee on Standards his view that the procedure being followed in the Committee failed the test of natural justice, and what, if he did, was the Chairman’s response?

[Alberto Costa]

Yes. I consistently argue across the Chamber to the hon. Member for Rhondda that our current system must be improved. I will go further, and repeat a phrase that I used during one of the Committee’s meetings earlier this year. I said that the way in which we were dealing with this—the process, not the integrity of any of the parties involved—was, in my opinion, repugnant to the principles of natural justice. I later received a call from the hon. Gentleman, explaining to me that members of the Committee were uncomfortable with the comments that I had made. Let me say to the House again that it is imperative that in the interests of all our constituents—

[Peter Grant (Glenrothes) (SNP)]

On a point of order, Mr Speaker. Is it in order for a member of any Select Committee to make a lengthy public statement about proceedings of that Committee which have been conducted entirely in private? I seek your guidance, Mr Speaker.

[Mr Speaker]

I have listened to the hon. Member because I want to call the Chair of the Committee next, and I am sure that he will also inform the House of his views on what has gone on.

[Alberto Costa]

Thank you, Mr Speaker.

The reason I am saying this—and I understand why the hon. Member for Glenrothes (Peter Grant) has made that comment—is that I have tried my very best, for almost two years, to consistently raise problems not with any individual case but with the process that we have in this system, and it is the process that needs to change.

[Several hon. Members rose—]

[Alberto Costa]

I want to move on, as other Members want to speak.

I believe that there is an important role for the Committee on Standards, in particular with its lay people. I think that it ought to be a Committee that drafts and amends the code of conduct and the associated rules. I do not think that the Committee on Standards is the appropriate body for me or my 13 colleagues to adjudicate on Members against whom a complaint has been brought. But I would go further: I think that the commissioner needs to be empowered and that the rules need to be clarified. The commissioner should have the same role as she does with the independent expert panel, which is that she investigates and presents her case to the panel, but importantly, she does not advise the judges on that panel. Also, we need to amalgamate the IEP and bring in more former High Court judges to help us in this process, to ensure that Members of the highest governing body of the United Kingdom—this House of Commons—are disciplined by people who have the requisite judicial experience when it comes to regulatory and disciplinary matters.

[Mr Carmichael]

I very much welcome the hon. Gentleman’s support for the independent complaints and grievance procedures. Does he now think, with the benefit of hindsight, that he was wrong to vote against them?

[Alberto Costa]

I want this process to move forward. I have a great deal of respect for the right hon. Gentleman; we have worked together on a cross-party basis on a number of things. I am trying to give the House the benefit of my experience. I was the only lawyer on that Committee until recently. If Members do not want a system that is adjudicated upon by the best people in our land, they are not just doing themselves ill service; they are doing their constituents ill service as well.

I want to wrap up, because I know that many Members want to speak. I say once again that the lay people on the Committee on Standards and the commissioner are people of the utmost integrity, but being of the utmost integrity does not mean that they are suitable for adjudicating on disciplinary matters affecting Members of the House of Commons. Mr Speaker, I invite you to assist this House in coming together and moving towards the process that we rightly adopted for the IEP, in amalgamating the IEP and in having a panel of very senior people with judicial experience, so that we never again have the situation that we had last week, when a Member felt that he did not receive the proper system that he felt entitled to receive. I stand by the comments I made in the report—my name was on that report—and I look forward to coming back to the House with a draft of an amended code of conduct and a new process. I also look forward to hearing the Chairman of the Standards Committee finally confirming to this House that, at almost every Committee meeting, he has listened to my concerns about process.

[Mr Speaker]

I now call the Chair of the Standards Committee, Chris Bryant.

--- Later in debate ---

[Jess Phillips (Birmingham, Yardley) (Lab)]

I shall start with an apology to you, Mr Speaker. As I have already mentioned to you, I have to leave the debate straight after my comments because I am due in Westminster Hall to talk about people spiking drinks, which I am sure concerns the whole House. After I have made that apology—I am aware that this might sound slightly backward—let me say that I tell my children when they apologise that “sorry” is just a word, and changing our behaviour is the way that we prove that we are sorry. I ask my children not to say sorry to me very often, although they are called on to do it quite a lot; I wish to see changed behaviour.

It is an absolute pleasure, actually, to follow the hon. Member for Warrington South (Andy Carter). He is not a Member who I have had much interaction with, but I can see that he is going to be an interesting and independent voice on the issue of standards in this House. He might not recognise some of the fanfare that we have had today, because there are normally only about 10 or 15 people in debates about how we are going to look at the code of conduct, but this one seems to have piqued considerably more interest.

There are changes that might need to be made; I do not think that the system is perfect by any stretch of the imagination. On appeals, the hon. Member for South Leicestershire (Alberto Costa) was insistent about the ICGS and how it works. I hope that Members are aware that such a system means that both parties can appeal a decision, so if that system were in place and on one occasion it went the way of a Member, that would mean that the complainant, who may very well be vexatious, could keep on appealing. A system like that of the ICGS is not necessarily a perfect one.

[Alberto Costa]

The point is that the former member of the judiciary, Sir Stephen Irwin, has created a set of appeal rules that are very clear in outlining when a complainant or an MP can appeal from the sub-panel to his own panel, and they are broadly the same grounds that we might use in judicial review, where the matter is either being dealt with improperly or unlawfully, or it is manifestly unreasonable.

[Jess Phillips]

I am delighted to hear the hon. Gentleman defending judicial review. I absolutely love a bit of judicial review. I have taken the Government to court on a number of occasions—for example, when they sort of stopped victims of domestic violence being able to move across councils. I have always welcomed a judicial review.

I very much welcome the considerable efforts that people here are now going to make, as they advocate for themselves, to advocate for the kind of people in my constituency who have no legal representation in any way, whether as domestic violence victims in the family court, or in employment tribunals. I am also interested to hear that Members really want us to have employment rights in this place. I remember when disabled Members in this building were saying that it would be against the Equality Act 2010 for them to come in during covid, and we were told that the Equality Act does not apply to us because we are not employees. It is an interesting turn of events that we have seen in the last few days.

I care deeply about the standards in this building, not because I am actually that interested in Standing Orders—I know that some hon. Gentlemen here love them, but I am not all that bothered by getting bogged down in the numbers, and this and that—but because I am interested in politics mattering to people in this country and those people feeling they can change it. If I could thank the Ministers on the Treasury Bench for anything, it would be that this week the people in our country felt they could change something that they did not like, when the Government had to undo their deeply unpopular decision.

The more that we degrade this place—for some of us, that is considerably more dangerous than it is for others. For some of us, it every day screams in our faces that democracy has been undermined. It is dangerous if we do not get the standards in this place right and if we do not do it together collegiately, through the proper process, which has, up until last week, largely been my experience. It is a shame that on this occasion, that was not the case.

I have to go and talk about other things in another part of the House, but I will finish by mentioning one more issue. On the point about there being one rule for the people outside this building and different rules for the people inside this building, it has been phenomenal for me this week to see the different contracts that organisations such as Randox have been given without a tender process. I speak as somebody who has spent hours and hours of my time working in charities, filling in tender process after tender process for amounts of money like £25,000 for a children’s sexual exploitation service that would last for a whole year. I had to include information on what sort of locks were going to be on the doors in the office and how we would lock the filing cabinets.

Hour by hour is accounted for. I have worked on Home Office contracts where the staffing hour is literally given out in 15-minute blocks, and I am monitored on that and it is accounted for—and I find that what I needed was hundreds of thousands of pounds to pay somebody in here to make that a little bit simpler. We can blame covid all we like, but I sat and filled in the Government paperwork for grants for organisations that were offering refuge accommodation during the covid-19 pandemic, and there were pages and pages where they had to reply to multiple different organisations and Departments. I helped lots of charities to do it and I did not charge anyone a single bean.

I will finish by saying that there is one rule for the people in our country, and seemingly another for enormous, friendly companies who are willing to pay the people in here.

Elections Bill

Alberto Costa Excerpts

2nd reading
Tuesday 7th September 2021 Commons Chamber

[Alberto Costa (South Leicestershire) (Con)]

Let me directly address the comments just made by the hon. Member for Glasgow North (Patrick Grady) by warmly welcoming the Government’s proposals in the Bill, particularly those aimed at finally enshrining in law the rights of certain EU citizens to vote in local elections in England and Northern Ireland, elections to the Northern Ireland Assembly and police and crime commissioner elections in England and Wales.

As Members will recall, I, along with some others, have long championed the rights of UK citizens living in the EU and EU citizens living here in the UK. Safeguarding those rights has been an essential promise in our leaving the EU. In the UK, there are millions of EU citizens who have made it their home, contributing to our economy, wellbeing and culture. Likewise, there are over a million British citizens contributing to the economic wellbeing of the EU countries that they now call home.

Following the motion on citizens’ rights that I put before the House in February 2019, the House reaffirmed its determination to protect the rights of citizens affected by the UK’s withdrawal from the EU. It was the only occasion, as far as I can recall, when the House was absolutely unanimous on a major Brexit issue. I am very proud of having helped to protect the rights of millions of innocent people.

This Bill builds upon those commitments by ensuring that EU citizens with settled status will continue to hold the franchise for local elections in England, elections to the Northern Ireland Assembly and elections of police and crime commissioners in England and Wales. The Bill will provide EU citizens with the necessary protections and peace of mind by ensuring that their voices continue to be heard at local and regional levels in England, Wales and Northern Ireland.

[Anthony Browne]

I very much praise my hon. Friend for the work he did on protecting the rights of EU citizens. I think the whole House was grateful to him for that. I support the view on reciprocity. Does he think that the UK Government should encourage other EU countries to enable British citizens who live there to vote?

[Alberto Costa]

I thank my hon. Friend for that excellent intervention. That is exactly the ask that I have for Government Ministers this evening.

For EU citizens who may have arrived and settled after the implementation period’s completion—that is, from 1 January this year—I would like to welcome the additional steps this Government have taken in the form of bilateral arrangements with several EU member states, to which my hon. Friend has just alluded. Agreements are already in place with Spain, Portugal, Luxembourg and Poland. They mean that citizens of those nations who may have arrived after the transition period will also be afforded the right to vote in our local elections, and similarly, reciprocal arrangements will apply to British citizens resident in those countries. That goes beyond the obligations envisioned by the EU in the withdrawal agreement, and the Government are to be commended for their choice to enter into bilateral arrangements with those individual EU member state countries, ensuring that wherever possible we enhance the rights of UK citizens living in those countries as well as the citizens of those countries living here.

[Patrick Grady]

Will the hon. Gentleman give way?

[Alberto Costa]

Not at the moment.

I understand that the Government are open to further such agreements with other EU member states, and that is a most welcome prospect. It would mean that their residents and British citizens could benefit from future voting arrangements. As chairman of the all-party parliamentary group for Greece, I recently met the secretary-general of the Greek Ministry of Foreign Affairs, Ambassador Demiris, in Athens, and informed him of the UK Government’s offer to enter into bilateral agreements with EU states on the granting of mutual franchise rights in municipal elections, as envisioned in this Bill. I would welcome the Government writing to me to explain what measures they are taking to proactively encourage uptake of their offer to enter into such bilateral agreements.

[Chloe Smith]

indicated assent.

[Alberto Costa]

I think the Minister is nodding to suggest that she will write to me on that matter.

But the Government have gone further still. EU nationals who do not fulfil the qualifying criteria set by the Bill—for instance, those who have come to the UK post the implementation period completion date of 1 January 2021 and do not hold settled status, but who were elected into a public role as defined by the Bill in schedule 7—have the protection afforded by the provision of part 4 to continue in office for the period of their elected term. Again, this is a sensible, welcome measure to protect the rights of those EU citizens. I will be supporting the Government’s Bill, and I very much look forward to seeing these important rights finally enshrined into law.

[Several hon. Members rose—]

--- Later in debate ---

[Alberto Costa]

Does my hon. Friend agree that Peter Golds, an excellent Tory councillor, has done so much to highlight that very issue?

[Anthony Browne]

Absolutely. Peter Golds is one of the politicians I talked to at the time, and he has done excellent work in trying to restore trust in democracy in Tower Hamlets. Ridiculously, it was not until 2014 that the courts annulled the election; we should never have been able to get into that situation. There are endless stories in the media about voter fraud. Confidence in the integrity of democracy is being eroded, and there is a clear solution. The Electoral Commission said, after its research, that two thirds of voters say they would have more confidence in the security of the voting system if there was a requirement to show voter ID. As my right hon. Friend the Member for Elmet and Rothwell (Alec Shelbrooke) has said, the OSCE, which normally bothers itself about the emerging democracies in eastern Europe, said after the 2010 UK elections that

“serious consideration should be given to introducing a more robust mechanism for identification of voters.”

I agree with that.

I also agree with Opposition Members that this must not lead to the disenfranchisement of voters. However, as we have heard, 99% of voters already have a photo ID of some sort and those who do not can get free photo ID from their local council. Labour introduced voter ID in Northern Ireland in 2003 and there is no evidence of disenfranchisement there. As I mentioned, many of the leading and most respected democracies in the world have already got voter ID—Norway, Sweden, Canada, France, Italy, the Netherlands, Germany and Austria have it. We are in many ways an outlier in Europe. Voters are losing confidence in democracy in Britain and we have a duty to ensure that democracy is both fair and seen to be fair. We must introduce voter ID, and I commend this Bill to the House.

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[Kenny MacAskill (East Lothian) (Alba)]

I have two caveats and two anecdotes. First, all legislation requires to be taken in the round and in the general context that Members have mentioned, and that is why I am concerned about this Bill as a whole as opposed to just specific aspects. Secondly, it is a privilege to be an elected Member, and we have a duty to nourish and cherish democracy. In that respect, this Bill fails because it challenges democracy.

Of my two anecdotes, one describes what needs to be done to support the democratic aspects that we should all welcome as elected Members, and the second is a warning about the apparent direction of travel. First, I commend to the Minister, and anybody else in the House, “Civic Literacy” by Professor Henry Milner, formerly of Laval and of Oulu in Finland, whose book explains what works about why people vote. He correlated and contrasted why countries such as Belgium and Australia, where it is a criminal offence not to vote, have a lower turnout than in Scandinavian countries where it is not. He explains the aspects that matter. Much of it is not about legislation. It is perhaps very laissez-faire, but in a much wider context. It is about public sector broadcasting, which is why comments made about Channel 4 are important. It is about a quality press. It is about civic education in schools. These aspects are important and that is the direction of travel we should be pursuing.

[Alberto Costa]

The hon. Member is explaining some very noble values about the democratic process, all of which I agree with, but can he explain why in his current party, Alba, and in his previous role as a Scottish Government Minister in the SNP Government, he denied hundreds of thousands of Scottish women and men the right to have a vote in the Scottish independence referendum, which was about breaking up the very nation that they came from? Can he please explain why there was a democratic deficit there?

--- Later in debate ---

[Fleur Anderson (Putney) (Lab)]

It is a pleasure to close this debate on behalf of the Opposition, and I thank my hon. Friends the Members for Erith and Thamesmead (Abena Oppong-Asare), for Norwich South (Clive Lewis), for Cynon Valley (Beth Winter), for Luton South (Rachel Hopkins) and for Swansea West (Geraint Davies) for their contributions. I congratulate the hon. Member for Chesham and Amersham (Sarah Green) on her excellent maiden speech, really bringing her constituency to us—I feel that we lived part of her beautiful constituency—and I am sure she will be standing up for her constituents in the years ahead.

Labour will be voting against this legislation today. My colleagues on the Labour Benches behind me have laid out in clear terms the dangerous consequences of this legislation. This legislation is unnecessary and expensive, costing £120 million over the next 10 years—at least. It will have a chilling effect on democracy and it is an attack on free and fair campaigning. This legislation will see legitimate voters turned away from polling stations and local councils tied up in mountains of red tape and expense. It is a shameless attempt by the Government to rewrite the rules and rig democracy in favour of the Conservative party.

If passed, this legislation will reverse decades of democratic progress in the UK. The Government have not been honest with us here today or with the British public about the true intention of this Elections Bill. It has been presented as a quick-fix solution to polish up our democracy and introduce integrity into our system, but the truth is that our democracy does not have an issue with integrity; it is the Conservative Government who have the issue with integrity.

This Bill will disenfranchise millions of voters, and we all know that the Tories do better in elections the lower the turnout. It is time to be honest about what this Bill will mean in practice. This Bill will make it harder for working-class people, older people and people with disabilities, as well as black, Asian and minority ethnic people and people with learning disabilities to vote. If Government Members do not agree, will the Minister commit to an equalities impact assessment to work out whether this will be true? There are concerns from so many groups representing those people saying that it will disenfranchise those groups of people.

The voter ID proposals are simply not proportionate to the risk of voter fraud. The Electoral Commission’s own advice, following the pilot schemes in 2018 and 2019, is that

“we are not able to draw definitive conclusions, from these pilots, about how an ID requirement would work in practice”—

how will it work?—

“particularly at a national poll with higher levels of turnout or in areas with different socio-demographic profiles not fully represented in the pilot scheme.”

It very clearly concluded that the significant staffing and financial impact was disproportionate to the security risk of voter fraud. In the pilot, more than 1,000 people were denied a vote because of a lack of ID—1,000 people. Even if one person lacked their ID to vote, that should be a reason to rethink this Bill entirely.

Local by-elections took place across Great Britain between January and March 2020 and there were eight Scottish council by-elections in the autumn of 2020, and there are just three cases of voter fraud under investigation. This is using a sledgehammer to crack a nut and risks disenfranchising the 3.5 million people who do not have a photo ID for the sake of a tiny handful of fraud allegations. In 2019, there was a record turnout of 59 million votes, as many Members have said, but just one conviction for personation. Someone is more likely to be struck by lightning three times than to be convicted of voter personation, so why put in place this Bill?

[Alberto Costa]

I have sat here patiently and listened to the hon. Lady’s comments. I must confess I am not sure what Bill she is referring to. She is making a litany of allegations which are beyond surreal, if there is such a phrase. Can she please explain clearly why she thinks the people of Britain, who are astounded that there is not some form of proper voter ID, should not be given that security and certainty when going to the electoral vote?

[Fleur Anderson]

We do not have a national ID card and this image of people bursting out trying to get to the polling station at all costs is not the experience. It is hard to encourage people to vote. It is hard to encourage the most marginalised groups to go out and vote. They are the groups that will lose out the most from this. They find it hard to go out and get an ID. They will be the ones who will be turned away, who will not remember to bring the ID, who will not be able to bring it. All the rules on how to get this free photo ID are not clear: how will they go down to their town hall, what will they have to prove? There is barrier after barrier for the most disenfranchised people, as has been raised by many Members.

My hon. Friend the Member for Erith and Thamesmead raised the issue of the barrier for young people and older people. My hon. Friend the Member for Norwich South spoke of the disenfranchisement of those hit hardest by the Government’s policies. My hon. Friend the Member for Cynon Valley raised the concerns of 19 Welsh organisations—surely Conservative Members cannot just disregard those disadvantaged groups. She also raised the amazing work of the Welsh Government to make voting easier, while this Government will be making voting more difficult.

My hon. Friend the Member for Luton South raised the disproportionate outcome of these measures. My hon. Friend the Member for Leeds North West (Alex Sobel) raised the important issue of the glaring omission of student ID cards from the list of IDs. My hon. Friends the Members for Hornsey and Wood Green (Catherine West) and for Swansea West made passionate interventions about deeply concerning issues of voter suppression that is in keeping with the US Republican party. We cannot be deluded by Ministers into thinking the voter ID laws we are debating today are any different from the dangerous laws passed by the Republican party. The parallels we have drawn and the similarities are worth serious investigation. American civil rights groups have been fighting for years to combat restrictive voter suppression laws, particularly those affecting ethnic minority communities.

It has been asked, who opposes these measures? Leading civil rights groups such as the American Civil Liberties Union and the Southern Poverty Law Center came together to warn the UK Government that UK Government voter ID policies will harm democracy. Did this make the Minister think twice about that policy? When Age UK said that compulsory photo ID will make 4% of over-70s—that is equivalent to 360,000 people—less likely to vote, did the Minister reconsider that policy? When Lord Woolley of Woodford, director of Operation Black Vote, said in evidence to the Joint Committee on Human Rights that

“tens of thousands, if not hundreds of thousands, might be impeded by this imposition, clearly it is not proportionate and could actually have a monstrous negative effect”

did this make the Minister reconsider her policy? And when the Royal National Institute of Blind People raised serious concerns about the impact of these measures on blind people, did that make the Minister rethink the policy?

On the provisions on joint campaigning, these clauses are an attack on freedom of speech and association and undermine the independence of trade unions, charities and advocacy organisations. I was working for a charity when the gagging law came into place and saw the chilling effect on democracy. These measures are completely unnecessary. They risk tying up organisations in red tape and risk effectively gagging charities and pressure groups, who are a vital voice for marginalised people in our elections, but they will err on the side of caution for fear of falling foul of this law. That will have a chilling effect on our democracy with far-reaching impacts.

These measures are illogical. Political parties and non-party campaigners are different; they have vastly different expenditures at election time. It is unfair to apply these regulations jointly to such different organisations. The measures also breach key principles set out by the Committee on Standards in Public Life, as has been raised by Members.

Trade unions represent millions of working people, but the Government have shown in this Bill a commitment to cut those people out of our democracy. On foreign donations, the Bill is another example of the Conservatives bending the rules to benefit themselves. That is a wholly unnecessary change that weakens our electoral integrity.

If the Conservatives were serious about improving democratic engagement, they would extend the franchise to 16 and 17-year-olds, as well as concentrating efforts on registering the millions of adults in this country not currently on the electoral roll, starting with automatic registration. If they were serious, they would increase transparency and avoid opaque practices such as the use of private emails for Government business. They would be building pathways to voting, not putting up barriers.

This Bill is not necessary and not proportionate. It is a waste of taxpayers’ money that creates more problems than it solves. It reverses decades of democratic progress and needs to be completely overhauled.

Oral Answers to Questions

Alberto Costa Excerpts

Wednesday 21st July 2021 Commons Chamber

[The Prime Minister]

What we want to do is level up across the whole of the UK by increasing access to high-wage, high-skilled jobs and by getting people off benefits and into work. That really is the big difference between the right hon. Member’s party and the party that I lead. We want to help people into work, but I am afraid that, as so often, Labour wants to keep them on welfare. I do not think that is the right way forward. We want to see higher wages, which is why we have increased the living wage by record amounts, and we are working to ensure that this is a jobs-led recovery. All the signs at the moment are that that is succeeding, but of course it depends on people getting those jabs when they are asked to.

[Alberto Costa (South Leicestershire) (Con) [V]]

I welcome the cautious move to step 4 this week, which was made possible only due to the fantastic vaccine roll-out in South Leicestershire and across our country and the fact that every adult has now been offered the vaccine. Does my right hon. Friend agree that if we do not move forward now, we risk opening up later in the autumn or winter, when the NHS is under more pressure and children have returned to school? That seems to be Labour’s reckless approach.

[The Prime Minister]

That is spot on—my hon. Friend is completely right. The question for those who attack the current policy is: if not now, when? We looked at the data this morning with the chief medical officer, and he pointed out the extraordinary difference between the number of people in the older generations being hospitalised now and in previous waves. Thanks to the vaccine roll-out, we have radically changed the way the disease affects our society. It is that change that is enabling us to make the progress that we are. As he says, if not now, when?

His Royal Highness The Prince Philip, Duke of Edinburgh

Alberto Costa Excerpts

Monday 12th April 2021 Commons Chamber

[Alberto Costa (South Leicestershire) (Con) [V]]

The loss of the Duke of Edinburgh is painful for our country. Our monarch has lost her lifelong companion, the royal family have lost their father, grandfather and great- grandfather, and our country has lost a public servant who, through years of dedicated public service, gathered unparalleled expertise, knowledge and skills. This is a collective loss to our country. We cannot overemphasise that. Her Majesty the Queen described Prince Philip as “my strength and stay”. He never let the Queen down. Accordingly, he never let any of us down—his countrymen.

As chairman of the all-party parliamentary group for Greece, I look back on the Prince’s life as a fascinating education in the politics of the 20th century. Born in 1921 in Corfu, the son of Prince Andrew of Greece, Prince Philip was grandson of King George of Greece. As such, Prince Philip was born a Prince of Greece and of Denmark. The statement last Friday by the President of Greece, Katerina Sakellaropoulou, extending her condolences, included a touching photo of the young prince wearing the Greek Evzones uniform, but we know how the politics of the mid-20th century turned out, and it was the United Kingdom that took Prince Philip of Greece as one of its own.

However, it was not until February 1957—36 years after Prince Philip was born a Greek Prince—that he finally became a Prince of the United Kingdom. What a journey! The Prince’s coat of arms represents his lineage: a Prince of Greece and of Denmark on his paternal side; descent from the Mountbatten family on his maternal side; three lions passant in pale azure for Denmark; second azure, a cross argent for Greece; third argent, two pallets sable for Battenberg, or Mountbatten; fourth argent, upon a rock proper a castle for Edinburgh.

Considered by everyone quintessentially British to the core, Prince Philip’s coat of arms embodies a man of rather wide heritage. Only in Britain could such a man have been made a Prince of the United Kingdom and come to be regarded today, as we rightly pay our respects, as father of the British nation. What a journey indeed.

As Prince Philip takes his final journey to a much greater place, on behalf of the people of South Leicestershire, I extend my heartfelt and sincere condolences to Her Majesty the Queen and the royal family.