Social Security (Special Rules for End of Life) Bill [Lords]

Debate between Alex Cunningham and Chloe Smith

2nd reading
Thursday 8th September 2022 Commons Chamber

[Chloe Smith]

Yes, that is absolutely the case. There have been extensive conversations with clinicians and those in the hospice movement more broadly. I join my hon. Friend in paying tribute to all those who work in hospices such as the one he mentions in Lichfield and the many more across the country. They do such an important job in giving people comfort and support and the right care at the end of their life.

In announcing that the Government intend to move from that six-month criteria to the 12-month end-of-life approach, we have engaged very widely and endeavoured to communicate as clearly as possible so that people know what support is available.

[Alex Cunningham (Stockton North) (Lab)]

I, too, welcome the Secretary of State to her new position. I welcome the changes that the Government are introducing in this Bill, but as long as one in four terminally ill people of working age spends the last year of their life in poverty, I think that we need to go further. To that end, will the Minister meet me to discuss my Terminal Illness (Support and Rights) Bill, which will require utility companies to provide financial support to customers with a terminal illness and make the employment rights of people with a terminal illness more robust at no cost to the Exchequer. In fact, it may save the Exchequer a few pounds.

Oral Answers to Questions

Debate between Alex Cunningham and Chloe Smith

Monday 11th July 2022 Commons Chamber

[Chloe Smith]

As my right hon. and hon. Friends have laid out extensively to the House, the process being followed is one of initial discovery. After that, it will be possible to provide fuller answers to the House of Commons about how the broader process will work. The vast majority of claimants will either be better off or no worse off, and I want to lay on record one more time that 55% of people will see an increase in their award, 10% will see no change, and 35% will be protected transitionally.

[Alex Cunningham (Stockton North) (Lab)]

13. If she will make an estimate of projected poverty levels in April 2023.

Oral Answers to Questions

Debate between Alex Cunningham and Chloe Smith

Wednesday 28th March 2018 Commons Chamber

[Alex Cunningham (Stockton North) (Lab)]

4. What steps the Government are taking to ensure the transparency of donations and loans to political parties.

[The Parliamentary Secretary, Cabinet Office (Chloe Smith)]

Donations and loans to political parties are subject to transparency rules, as set out in the Political Parties, Elections and Referendums Act 2000. The Government remain committed to such transparency, recently passing legislation to extend the requirements to donations and loans in Northern Ireland for the first time.

[Alex Cunningham]

In the light of recent revelations, how much of the hundreds of thousands of pounds donated to the Tory party by Russians will be returned?

[Chloe Smith]

The rules on donations are very clear in terms of permissibility and impermissibility: British citizens are entitled to donate to UK political parties and foreign donors are not.

Draft European Parliamentary Elections Act 2002 (Amendment) Regulations 2018 Draft European Parliamentary Elections (Amendment) Regulations 2018

Debate between Alex Cunningham and Chloe Smith

Tuesday 23rd January 2018 General Committees

[Chloe Smith]

It is a pleasure to serve under your chairwomanship, Mrs Moon.

The purpose of the regulations is to make changes to the procedure for filling MEP vacancies in Great Britain and Gibraltar to reduce the likelihood that a European parliamentary by-election will be required in the run-up to the UK leaving the European Union. Following the referendum, the UK will be leaving the EU. The Prime Minister is clear that the United Kingdom will cease to be a member of the EU on 29 March 2019. After the UK has left the EU, we will no longer have Members of the European Parliament, and we will no longer participate in European parliamentary elections. While the UK remains a member of the EU, however, we are obliged to make arrangements to fill any MEP vacancies that may arise—for example, due to the resignation or death of a sitting MEP.

Electoral law provides that in Great Britain and Gibraltar a vacant MEP seat will stay with the party that won the seat at the previous European parliamentary general election, and it is filled with reference to the unelected candidates on that party’s list of candidates at that election in the region where the vacancy arises. If it is not possible to fill a vacant seat from the winning party’s list because there is nobody else left on it who is willing or suitable to take up the seat, a by-election is held to fill the vacancy. I should say that a different system applies in Northern Ireland, and I will cover that later.

To date, no by-elections have been needed to fill a vacancy as it has been possible to fill vacant seats from the relevant party list. We consider, though, that in some areas there is now a significant risk of a by-election being necessary due to the number and circumstances of the candidates remaining on some party lists. For example, in the east midlands region, there are two candidates remaining on each of the lists for the Conservatives and UKIP. The cost of a by-election would be around £10 million. In the north-east, there is one candidate remaining on the Labour party list. The cost of a by-election there would be around £5 million.

In Scotland, there are four candidates on the SNP list, although it is not clear whether they would all be willing or able to take up a vacant seat. Two are MPs, and an MP cannot also be an MEP. The cost of a by-election in Scotland would be around £13 million. I am sure that Members understand why those figures vary; it is not because of the parties I have mentioned, but because of the circumstances of the regions. As a further example, UKIP won a seat in Wales in 2014. Although there are three persons on its reserve list, we think there might be difficulties in filling any vacancy that might arise, which could lead to a by-election being necessary. The cost of a by-election in Wales would be around £7 million.

I am sure Members are beginning to see the point of the regulations. As this European Parliament gets closer to its end, existing MEPs might consider standing down from the role to pursue opportunities elsewhere, which will increase the risk of a by-election being necessary if it is not possible to fill vacant seats from those candidates on the relevant party lists.

The Government consider that, in the circumstances, there is strong justification for taking action to reduce the likelihood of a by-election occurring before the UK leaves the EU. As I have indicated, there would be significant financial costs to the public purse in holding a by-election. Given that the UK will be leaving the EU, the turnout at such a poll could be low and electors might query the value of holding it.

The statutory instruments therefore make sensible, precautionary changes to the process for filling vacant MEP seats. They will reduce the likelihood of any costly by-elections in Great Britain. The instruments provide that if a vacancy cannot be filled from the list of candidates for the party that won the seat at the previous round of elections, the party that holds the vacant seat may instead nominate a person to fill the vacancy and be returned as an MEP for that party.

Turning to the detail of the proposed changes, the European Parliamentary Elections Act 2002 (Amendment) Regulations 2018 amend the regulation-making powers in section 5 of the European Parliamentary Elections Act 2002 concerning the procedure for filling vacant MEP seats. Using the new powers, the European Parliamentary Elections (Amendment) Regulations 2018 amend the European Parliamentary Elections Regulations 2004, which set out provisions governing the conduct of European parliamentary elections in Great Britain and Gibraltar.

The proposed changes in the European Parliamentary Elections (Amendment) Regulations 2018 address the position whereby a vacancy has arisen and it is not possible for the regional returning officer to fill the vacant MEP seat from the list of the party that won the seat in the region at the previous election.

As I briefly mentioned, under the proposed changes, where the outgoing MEP stood for a registered party, the RRO will still initially seek to fill the vacancy through approaching in turn the reserve candidates on the party’s list of candidates for the relevant region. If the RRO is unable to fill the vacancy from the party list because that list is exhausted, that will no longer trigger a by-election. Instead, the RRO must ask the nominating officer of the party that previously won the seat to nominate a person to fill the vacant seat and be returned as an MEP for that party. The person must meet the existing requirements to be an MEP—for example, in terms of age and nationality.

Under the proposed changes, the nominating officer must respond within 28 days to the RRO, giving the name of the person who is to fill the vacant seat. In the event of the nominating officer being unable to nominate a person within 28 days, a by-election will be held to fill the vacancy. We think it extremely unlikely that a party will not be able to nominate a person to fill the vacancy within the 28 days and so cause a by-election. The regulations make similar provision for independent candidates and jointly nominated candidates.

[Alex Cunningham (Stockton North) (Lab)]

Can the Minister help me a little? Pardon my ignorance of this matter, but people are elected as part of a party list, yet they can apparently resign from the party and retain their seat in the European Parliament. Is it the case that the regulations will not affect that situation? Can a person no longer be a member of a party but still retain their seat, despite the fact that the public, as in the case of the north-east of England, voted for a party and that person has resigned and is now an independent? In that case, will that person retain their seat, meaning that the provisions do not have to be put in place?

[Chloe Smith]

I am grateful to the hon. Gentleman in two ways: for giving me the chance to finish my cough sweet—he will be able to hear I am struggling somewhat—and for giving me the instance that he had in mind when he raised his question. I believe his point is correct: the regulations do not change that existing scenario. If Members want to discuss what will happen if a person, under a future scenario, became an independent, for example, and so ceased to represent the party for which they originally took their seat, we can do so, but I do not believe the regulations change the particular instance the hon. Gentleman has in mind.

The changes are modelled on the process that Parliament previously agreed for filling MEP vacancies in Northern Ireland; it has been successfully used to fill a vacant seat there. I should explain that the single transferable vote is used for European parliamentary elections in Northern Ireland, which differs from the system used in Great Britain. Under STV, there are no party lists and in the event of a vacancy the nominating officer of the party that previously won the seat will nominate the person to be the new MEP. They will then be returned to the seat by the chief electoral officer for Northern Ireland.

We have consulted on the instruments with the Electoral Commission and others, such as the Society of Local Authority Chief Executives, the Association of Electoral Administrators and the Government of Gibraltar. There is general agreement among those whose views were sought on the instruments that it is desirable to avoid a European parliamentary by-election across a region just before the UK leaves the EU.

Our law provides that if a vacancy occurs less than six months before the next European parliamentary election, the seat remains vacant until that election and it is not necessary for a by-election to be held. We are maintaining that position, but without the changes there would be a period of almost a year when it would be necessary to hold a by-election if a vacant seat could not be filled from the candidates on the relevant party list.

In summary, the statutory instruments make sensible and proportionate changes to the process for filling vacant MEP seats. The changes are designed to reduce the likelihood of any costly European parliamentary by-elections being required in Great Britain before the UK leaves the EU. I commend the regulations to the Committee.