European Council
Bernard Jenkin Excerpts(8 years, 8 months ago)
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Mr Bernard Jenkin (Harwich and North Essex) (Con)
May I point out to my right hon. Friend that article 50 did not exist in the treaties until the Lisbon treaty, which he used to oppose and now agrees with? There are many ways of leaving the European Union that might not involve article 50. He does not want to bind himself into the article 50 framework. Will he give this some thought, rather than committing himself to a policy that he obviously does not support?
The Prime Minister
Whether we like it or not—frankly, I do not particularly like it—the treaty on European Union sets out the way in which a country leaves. It is called article 50 and I think people should read it. If you want to leave, leave. If you want to stay, stay. What I find slightly odd is the idea of voting to leave to try and half stay. I do not think the British public would understand it, I do not think our European partners would understand it and I am at a loss to understand it as well. I thought that we wanted to have a referendum and to make a choice.
UK-EU Renegotiation
Bernard Jenkin Excerpts(8 years, 9 months ago)
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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
As I said to my hon. Friend the Member for Stone (Sir William Cash), Denmark negotiated the same sort of legal opt-outs—and, 23 years on, they still stand and are legally binding.
Oral Answers to Questions
Bernard Jenkin Excerpts(8 years, 9 months ago)
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Matthew Hancock
The hon. Gentleman tempts me, but I shall wait until the commission reports. We will respond in due course.
Mr Bernard Jenkin (Harwich and North Essex) (Con)
May I inform my right hon. Friend that the Public Administration and Constitutional Affairs Committee will be scrutinising those proposals very carefully indeed? We want to make sure that the judges are interpreting the Freedom of Information Act as Parliament truly intended, but I can tell him that there is no going back on freedom of information.
Matthew Hancock
Indeed. The Freedom of Information Act has brought to light many things that it is in the public interest to have in the public domain. I have no doubt that my hon. Friend’s Committee will scrutinise the proposals very carefully, not least to ensure that the will of Parliament is the law of the land. I look forward to working with him on that.
EU Council
Bernard Jenkin Excerpts(8 years, 10 months ago)
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The Prime Minister
If we look at the facts of the CAP, we will see that the days of the great wine lakes and butter mountains have by and large gone, and I do not think it is possible to argue in the same way as it was in the past that it adds hugely to families’ bills. That is not what is happening. There has been quite significant reform. There has also been some fairly significant reform to the common fisheries policy. Of course, our deregulation targets and subsidiarity tests apply in all those areas.
Mr Bernard Jenkin (Harwich and North Essex) (Con)
May I invite my right hon. Friend to make a list of the European laws and European Court rulings he believes depend primarily on the “ever closer union” phrase in the treaties?
The Prime Minister
I am very happy to come back to my hon. Friend. I do not have the list on me, as it were—I do not carry it around to remind me. My right hon. Friend the Member for North Somerset (Dr Fox) said that the phrase had been cited in 55 different actions. My hon. Friend the Member for Harwich and North Essex (Mr Jenkin) is one of the people who in the past said how important it was to get out of ever closer union. I say to colleagues who are considering the issue that it has been raised time and again by people like me, who are concerned about the ratchet of the European Union and who want to get this renegotiation right. If we can deliver it, let us all link arms and celebrate it.
Charities (Protection and Social Investment) Bill [Lords]
Bernard Jenkin Excerpts(8 years, 11 months ago)
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Matthew Hancock
I very am grateful for that unexpected invitation. I am dearly tempted. I hope that Unlock and the Prison Reform Trust will work with us to ensure that the Bill passes in a form that supports the important work that they do.
On the broader question of supporting the reputation of charities, by one measure trust in the sector is at a seven-year low. It is in all our interests that we have a strong, confident and thriving charitable sector.
The purpose of the Bill is twofold: first to tackle the challenges and then to unlock new opportunities. The main provisions of the Bill fall into three main areas: first, strengthening the Charity Commission’s powers, including over trustee disqualification; secondly, the regulation of charity fundraising; and, thirdly, the new social investment power for charities.
Let me turn to the Charity Commission’s powers. The purpose of the Charity Commission is to ensure that each of the 164,000 charities in England and Wales pursues its charitable objectives. Set up in 1853, it has done a century and a half of good work, but two years ago the National Audit Office and the Public Accounts Committee found that it was failing in its core duty. In particular, they found that it was not doing enough to tackle the abuse of charitable status. The NAO made a series of recommendations to improve the commission’s effectiveness.
The coalition Government published proposals for new powers based on those recommendations. Following a public consultation, the draft Protection of Charities Bill was published. Pre-legislative scrutiny and the Bill’s passage through the House of Lords have resulted in further refinement. I thank all the Members, peers and others who have improved the Bill that is before the House today. These measures are just one part of a wider programme of reform, aimed at turning the Charity Commission into a tough, clear and proactive regulator.
Mr Jenkin
It pains me to point out that my right hon. Friend has left out the significant post-legislative scrutiny of the Charities Act 2006 that was conducted by my Committee, the Public Administration Committee, in the last Parliament, which was the prime precursor of this Bill. I also sat on the Joint Committee that performed the pre-legislative scrutiny of the Bill.
Will he say something about recent controversies, for example those around charitable fundraising? The Select Committee is very frustrated that we are conducting significant inquiries that the regulator, the Charity Commission, should be conducting, but it does not necessarily have the power to hold its hearings in public in a way that would demonstrate its regulatory role.
Matthew Hancock
I was going to come on to the work of my hon. Friend and his Select Committee in making sure that the Bill is in the best possible shape. I am very grateful for the work that he did at the end of the last Parliament, after the National Audit Office report, to make sure that when we had a Bill, it gave the commission the necessary powers.
We believe that the Charity Commission has the power to convene meetings in public. However, I recognise that there is a question over whether it does so. During the passage of the Bill, we will look at that point in more detail. We are prepared to accept amendments, if they are necessary to bring clarity on the point that my hon. Friend raises.
Matthew Hancock
I hope that this Bill can unite both sides of the House. I welcome the hon. Member for Redcar (Anna Turley) to her place. My hon. Friend has made his point very clearly and it will appear on the record, but I do not want to get into an unnecessary dispute with the Opposition, given that I hope we will have all-party support for this important Bill which will strengthen the role of the Charity Commission and, ultimately, be in the best interests of charities throughout the land.
As I said, we want to provide a tough, clear and proactive regulator. Under the strong and capable leadership of William Shawcross and Paula Sussex, there has been a direct focus on tackling abuse and mismanagement. However, an effective regulator needs to have teeth. As the NAO reported, the commission needs our help to address the “gaps and deficiencies” in its legal powers. The Bill will close those gaps in the commission’s capabilities, as well as tackling a number of damaging loopholes in charity law.
Let me briefly outline the five new powers that the Bill confers. These powers will help to protect the public, the staff and the people our charities serve from those who would seek to exploit them. First, the Bill will extend the automatic disqualification criteria. Currently, the focus of the law is on barring people who have misappropriated charitable assets, but the criteria are far too narrow. We will extend them, as my right hon. and learned Friend the Member for Harborough (Sir Edward Garnier) said, to include people with unspent convictions for money laundering, bribery, perjury or misconduct in public office, those on the sex offenders register, and those convicted for terrorism offences, including individuals subject to an asset-freezing designation.
Secondly, the Charity Commission will be given new powers to disqualify in instances where an individual has behaved in a way that makes them unfit to be a charity trustee, acting on a case-by-case basis and using its judgment and discretion. That new power is essential to empower the Charity Commission to tackle those who would bring charities into disrepute, and I hope that it will be used with care and decisiveness.
Thirdly, the Bill gives the Charity Commission a new official warning power in response to low-level misconduct. That will allow a more proportionate approach for less serious cases. Fourthly, the Bill grants a new power that allows the Charity Commission to direct the winding up of a charity following a statutory inquiry. That would apply if the commission proves that a charity is not operating, or that its purposes could be promoted more effectively by ceasing to operate, and that to do so would be in the public interest. We expect that power to be used in limited circumstances, and it is subject to several safeguards.
Fifthly, the Bill closes a loophole that allows offending trustees to resign before they are removed by the commission, and then act as a trustee for a different charity without fear of repercussion. That will ensure that trustees are no longer able to escape accountability if they abuse their position of trust. As with all the commission’s existing powers, all five of those proposals would be subject to the general duty to have regard to best practice. With the exception of the official warnings power, all the commission’s new powers are subject to a right of appeal to the charity tribunal.
All five measures that I have outlined are essential to protecting the interests and reputation of the vast majority of charities that are run by people of great integrity. The Charity Commission was closely involved in developing the powers, and it fully supports them. In addition, independent research for the Charity Commission found that 92% of charities supported new, tougher powers for the regulator.
We also intend to remove clause 9, which was added on Report in the Lords. We have serious concerns about the unintended consequences of that clause, as it attempts to encompass complex case law into a single statutory provision. It would also impose a major new regulatory responsibility on the commission. Clause 9 was not proposed because of concerns about charities in general, but in a narrow attempt by the other place to undermine the Government’s manifesto commitment to extend the right to buy. It is regrettable that a Bill with widespread support was used in that way, and we cannot allow that to stand. I urge the House to reject that anomalous clause and consider the matter elsewhere.
The challenge of regulating charity fundraising has already been mentioned. We can be incredibly proud that we are one of the most generous countries in the world when it comes to charitable giving, but although people are happy to give, they do not want to be bullied or harassed into doing so. A voluntary donation must be voluntary. Earlier this year we heard about the tragic case of Olive Cooke, Britain’s longest-serving poppy seller. For years, she was targeted with hundreds of cold calls and requests for money. More than 70 charities bought her details or swapped them with other charities, and in one month alone she apparently received 267 charity letters. Sadly, since then more cases of unscrupulous fundraising practices have come to light, and we must act.
We began by asking Sir Stuart Etherington to review the regulation of fundraising over the summer, backed by a cross-party panel of peers, and I thank them for their work. Sir Stuart recommended a new, tougher framework of self-regulation, and we are working with charities to deliver that. Lord Grade of Yarmouth will chair the new independent body at the heart of that framework. It will be paid for by large fundraising charities, and it will be able to adjudicate against any organisation that is undertaking charity fundraising. The body will be accompanied by a fundraising preference service—similar to the telephone preference service—which will give the public greater control over their consent to receive charity fundraising requests.
Next, we will prohibit contractors from raising funds for a charity unless the fundraising agreement between them explains how the contractor will protect people from undue pressure, and sets out how compliance will be monitored by the charity. It will require large charities to include a section in their trustees’ annual report on the fundraising undertaken by them or on their behalf. That will include an explanation of how they protect the public in general, and vulnerable people in particular, from undue pressures and other poor practices.
Mr Jenkin
The Public Administration and Constitutional Affairs Committee—or PACAC, as we call ourselves—is concluding an inquiry into charitable fundraising, alongside our other inquiry into Kids Company. I will not pre-empt the outcome of those two inquiries, but we are concentrating our inquiries on the conduct of trustees in these matters, and their responsibility to oversee and support charitable organisations so that they reflect their values in their operations as much as in their objectives. We are making recommendations on that because it might be insufficient to rely on processes and structures to ensure that things are ethically and properly run.
Matthew Hancock
I welcome that review, and I hope that during the passage of the Bill we can consider—and where appropriate take on board—any recommendations to improve it. I am glad that the work of that Committee is taking place concurrently, and I hope that recommendations will come forward in time for them to be considered for the Bill.
Matthew Hancock
We took action towards the end of the previous Parliament to ensure that the legal framework for charities and other organisations means that they do not cross over into direct partisan political work. A review is under way into how the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 has worked. There are questions about whether that needs to go further, but the best place to deal with such issues is in the review and during scrutiny of the Bill. I understand my hon. Friend’s concerns, and it is important that our review fully considers the impact of the 2014 Act.
We regard the Etherington package, including the fundraising preference service and a move to opt-in for further contact, as the minimum necessary to rebuild public trust. We propose that regulation of fundraising happens on a self-regulatory basis, but that self-regulation must implement the review’s recommendations in full. Some people have rightly asked what will happen if self-regulation fails. We want it to work, but we are also clear that practices must change. In Committee, we intend to bring forward amendments that will strengthen the Government’s reserve powers to intervene if the self-regulation recommended by Sir Stuart fails. Predatory fundraising targeted at vulnerable people is wrong. It has shaken public confidence in charities and we are determined to stamp it out.
Alongside tackling those challenges, the Bill aims to open up new opportunities.
Mr Jenkin
I am terribly sorry for intervening again, and most grateful to the Minister for being so generous in giving way. I regret that I cannot stay to take part in the debate. The House will need to know that my Committee will produce its reports in January, in good time for the conclusion of the passage of the Bill. Before he leaves the matter of fundraising, will he bear in mind the concern of many people about some charities that raise a substantial part of their income from foreign sources? Security services are concerned that organisations posing as charities might be receiving funds from abroad for nefarious purposes. Will he consider introducing measures to the Bill at a later stage to deal with that matter? I know that that is something that also concerns the Charity Commission.
Matthew Hancock
The Chairman of the Select Committee need not apologise. He can intervene on me as many times as he likes and I will always seek to take his interventions. I know that that must happen, otherwise he will seek to get me in front of him in some other way. On my hon. Friend’s substantive point, that concern has been raised with us. We want to consider the matter in more detail as the Bill passes through the House.
The Bill seeks to open up opportunities for charities to do more to fulfil their mission by providing a new power of social investment. Social investment seeks a positive social impact and a financial return, trying to make money go further. It is a huge and growing chance for UK charities to make more of their assets in a field where the UK is already the world leader. In 2014, the Law Commission conducted a review of charities’ social investment powers. It found a lack of clarity around charities’ social investment powers and duties, and concluded that that could be deterring some charities from getting involved in this exciting new field.
UK charities currently hold assets of over £80 billion, but they have made social investments of about only £100 million. We think that with the right support that market could double in the next few years. The Bill will ensure that more charities have a chance to take full advantage of social investment should they so wish. It removes the existing uncertainty by providing a specific new power to make social investments. It also sets out trustees’ duties to ensure that all social investments are made in the best interests of the charity. That will allow charities to make investments with the dual aim of fulfilling their mission and achieving a financial return. It is the way of the future and it is happening here in Britain. We want to support it to go further.
The work charities do transcends politics and unites hon. Members on both sides of the House. We want all charities to enjoy the very highest levels of public trust and esteem, and the generosity that brings. By delivering a more effective regulator, by tackling unscrupulous fundraising and by unleashing the power of social investment, the Bill will strengthen that trust and allow charities to do more with that generosity. I commend the Bill to the House.
ISIL in Syria
Bernard Jenkin Excerpts(8 years, 11 months ago)
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Mr Bernard Jenkin (Harwich and North Essex) (Con)
Following the hon. Member for Central Ayrshire (Dr Whitford), I am struck once again that on the one hand in this debate we are grappling with what is no more than a minor tactical correction in the conduct of the air war against ISIS, and on the other hand we are trying to judge an overall strategic plan which has been formulated among a rather disparate and disunited coalition and which is necessarily chaotic, fluid and bound to change. That is in the context of a 14 or 15-year campaign that we have been mounting since 9/11 against a global Islamist insurgency, and we have not yet begun to get the measure of that campaign.
In Northern Ireland, to which the hon. Lady referred, we spent 10 or 15 years getting it wrong. The west is now faced with a far more complex international problem. We are learning, we are discussing, and this debate is perhaps part of that process, but we have not yet got near the full and comprehensive understanding that will win us this campaign in the long run. Mistakes will continue to be made, but that does not mean that we can turn our back on the present situation. There are risks whichever way we turn.
Another aspect that we have heard periodically in this debate is that what is now visited upon us is somehow our fault; that we are being punished for our own mistakes and errors; that the terrorist attacks on our own country are something that we have provoked. This is a fundamental misunderstanding of the nature of the terrorist threat. The west is omnipresent in the Muslim world. We are beamed in by satellite. The people there are challenging their own outdated religious power structures. Women want equality. Young people aspire to be educated at western universities. That is challenging the whole structure of the Muslim world, and the extremes of the Muslim world are striking back at us. They are not going to leave us alone if we disengage, so we have to engage with the problem. We might go on getting it wrong and making mistakes, but that is the nature of warfare.
The attacks in Paris were an act of war. We have been suffering such acts of war against our country since 9/11, and even before. The west is going to have to become more coherent and more united in its response. Perhaps the most significant strategic effect of this decision is that we will be joining our coalition partners and helping to create that diplomatic and political process.
Syria
Bernard Jenkin Excerpts(8 years, 11 months ago)
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The Prime Minister
I would say to the hon. Lady that this absolutely is not a “something must be done” strategy; it is about careful consideration, bringing together all the parts of a plan—diplomatic, political, humanitarian, reconstruction, and military action. Doing nothing, which is the opposite of what the hon. Lady would say, also has consequences, which we have to consider very carefully. In my view, we are at greater risk in terms of the dangerous recruitment of Islamist extremists in our own country for as long as this so-called caliphate exists.
Mr Bernard Jenkin (Harwich and North Essex) (Con)
I commend my right hon. Friend’s approach as set out in his statement, particularly that he is working with our allies. May I urge him to talk to President Obama to ask him when the United States is going to show more resolve? Is it not strange that during the Bosnia conflict it mounted perhaps 130 sorties a day and every aircraft was cleared to drop or shoot, whereas in Syria it is perhaps doing an average of seven sorties a day and only one or two aircraft are cleared to drop or shoot? Should we not expect more from the United States if this alliance is going to be successful?
The Prime Minister
I am very grateful for my hon. Friend’s support. He is right to say how important it is always to have a clear strategy—to have a set of goals and clear means to achieve those goals, which is what I believe I have set out today. The Americans are bearing a lot of the burden of attacking ISIL in Syria, but with other allies, including moderate Arab states. Obviously the greater the part that we play in response to their requests, the greater influence we can have on the course of the campaign, and, in answer to questions from Opposition Members, the greater accuracy we can insist on in terms of targeting.
National Security and Defence
Bernard Jenkin Excerpts(8 years, 11 months ago)
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The Prime Minister
I am very happy to do that for Ben Parkinson and for the right hon. Lady. It has been an immense privilege to meet Ben. He is one of the bravest people I have ever met, and he always seems to have good humour and optimism about the future despite how much he has suffered. With the military covenant and the LIBOR fines, we have tried to put in place progressive improvement, year on year, in the services that we give to our armed forces personnel and their families. We have to recognise that, after the Iraq war and after 14 years of deployments in Afghanistan, we need to look after these young people for the rest of their lives. They do not simply want tea and sympathy; they want fulfilling lives. They want the best possible prosthetic limbs and the best healthcare. They want to go on and do great things, and it should be our ambition as a country to help them to do just that.
Mr Bernard Jenkin (Harwich and North Essex) (Con)
I thank my right hon. Friend for his statement. It is a very welcome declaration of long-term strategic intent on behalf of our country to remain a global nuclear power with armed forces that have global reach. May I remind him, however, that our defence industries are among our largest export earners because of what Her Majesty’s Government have invested in research and technology over the years? If we are to sustain that, and the ability of our industries to help us to produce the capability we need in times of emergency, we will need not only to continue but substantially to increase the amount we invest in those industries.
The Prime Minister
I thank my hon. Friend for what he has said. He has spent a lot of time in this Parliament and the last one talking about the importance of clear strategy. To me, strategy is about setting the goals we want to achieve and then, crucially, making the choices that will make that happen. This document is all about choices. They are not choices that we have to make; they are choices that we have decided to make in order to maintain our global reach and power, for reasons not of national vanity but of hard-headed, cold-eyed national interest. We are a country that is engaged in the world and that needs to play that role.
I completely agree with my hon. Friend’s point about research and development in the British defence industry, but we have to make sure that the industry understands that the Ministry of Defence is not simply a customer to be sold ever-more expensive equipment. It should be a core customer that can be used to develop the things that will be needed not only by our armed forces but by our partners, so that we can ensure that we have export earnings from these platforms that we have created ourselves.
Oral Answers to Questions
Bernard Jenkin Excerpts(9 years ago)
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Matthew Hancock
No, the commission that is looking into how the Act has operated over the past 10 years is, rightly, independent, so it deals with the question of how it operates. Private organisations have not been subject to the Act, because it is about government information, so it is entirely appropriate for them to make the decisions.
Mr Bernard Jenkin (Harwich and North Essex) (Con)
How will transparency in government be improved by the alteration of the code of conduct for special advisers, which now says that they shall be entitled to give instructions to communications staff in Departments?
Matthew Hancock
The transparency of Government information is absolutely aided by a combination of our open data and the use of press officers and communication teams to explain to the public what is going on. Making sure that that happens in an orderly and organised way, subject to Ministers’ wishes, is a very important part of it running effectively.
European Council
Bernard Jenkin Excerpts(9 years ago)
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The Prime Minister
I pay tribute to the hon. Gentleman, who has never wavered in his view that everything to do with the European Union is wrong and we need to get out of it—he has been pretty clear about that. I have been very consistent. He can read in our manifesto what we want to change in Europe, and that is exactly what our four points are all about.
Mr Bernard Jenkin (Harwich and North Essex) (Con)
Will my right hon. Friend join me in commending one of our foremost business leaders, who has said that the idea that investment will flee the United Kingdom if we leave the EU is “scaremongering”, saying that the EU
“is an overinflated bureaucracy. There are too many unelected people…who are trying to get even more power”?
He also said:
“It’s not going to be a step change or somebody’s going to turn the lights out”,
and
“if you vote to come out in the referendum, you’re not going to suddenly find on the Monday morning I can’t do this, this and this.”
Does my right hon. Friend agree with Lord Rose, who is chairman of the Britain Stronger in Europe campaign?
The Prime Minister
I certainly think that Lord Rose has said many sensible things about this issue, and he does not take a wildly hysterical view on either side. The truth is this: some people said that even having a referendum would lead to such uncertainty that people would not invest in Britain. We know that that is not the case. We are a massive recipient of inward investment. The only point I would make is that as we get closer to the debate on whether Britain can stay in a reformed European Union, those of us who want that outcome will be able to point clearly to what business gets from Britain being in the single market with a vote and a say, and those, like my hon. Friend, who might want to leave, will have to answer the question of what guarantees they can get on single market access and single market negotiation ability. I think that the business argument will increasingly concentrate on that very important point.