Advisory Committee on Business Appointments

Debate between Bernard Jenkin and Chloe Smith

Thursday 28th June 2018 Commons Chamber

[Chloe Smith]

I hear and respect the hon. Gentleman’s view and I am grateful to him for taking the trouble to repeat it.

One of the other principles at stake is that we do not want to deter talented people from entering government service. I suspect that the Committee also recognised that principle, quite rightly. In the Government’s view, that could result from having an over-rigid system that could prevent or restrict people from returning to the sectors in which their expertise lies appropriately following a period of public service. Now, more than ever, with some major challenges in view for the public sector and for the civil service, we need to be able to attract the best skills and talent and to benefit from those who have capabilities and experience from outside the civil service—let us not forget this argument works two ways.

In order to deliver for the public and for taxpayers in the way in which they expect of their civil service, we need to be able to maintain a confident, professional and expert service when we are looking at such important and critical matters in the public sector.

[Sir Bernard Jenkin]

My hon. Friend knows that the PASC report of 2012 recommended a statutory scheme. In this later report, having listened to the Government’s objections about the cost-effectiveness of a statutory scheme, we invited the Government to produce a cost-benefit analysis, which indeed even the chair of ACoBA said would be a good idea. However, the Government have declined to produce even a cost-benefit analysis of having statutory rules, or enforceable rules of some kind. Will she revisit that recommendation and look at the question of a cost-benefit analysis? We are constantly told that rules would have a very negative effect on the public sector, but there is no evidence to support what she is claiming—although I understand that there is a perfectly legitimate concern.

[Chloe Smith]

I thank the Chairman of the Committee for that intervention. He gives me the opportunity to note that these arguments have been put back and forth a number of times over the years. It is my great pleasure to come to the House today and take up those arguments. However, it is still the Government’s case that a statutory system is not the right way forward. That is a matter of principle as much as of practicality, for the reasons I have set out. We do not therefore think it is right to go ahead and do a cost-benefit analysis, which, in itself, would take time and money, for something that, in principle, we are not convinced of the case for. It is question of principle and practicality.

We need to be able to attract capable people from a range of backgrounds, and I reiterate the commitment to being able to recruit fully externally to do that. It is therefore important to have an interchange of skills and experience between the public sector and elsewhere. That is good for our national life. It is also a matter of fairness to individuals who will wish to continue their careers in various ways. We need to strike that balance.

As I said, we remain of the view that a statutory system with enforcement powers but without the flexibility of the current arrangements to take account of the particular circumstances of individual cases would not be beneficial. As I have just said to my hon. Friend the Member for Harwich and North Essex, we do not consider carrying out that cost-benefit analysis on the introduction of such a system to be a good use of public money at this time.

[Sir Bernard Jenkin]

My hon. Friend is being very patient, but unfortunately for her she has a lot of time. If she is going to refuse a cost-benefit analysis, will she at least accept this? ACoBA seems to be very preoccupied by what candidates might do after they have left the public sector in the context of their employers, and it often puts a lobbying ban on the person moving into the private sector. What regard should ACoBA have for the fact that the lobbying has already probably taken place and the granting of employment is just the implicit reward for having been lobbied when the candidate was working in the public sector? No regard seems to be paid to that potential conflict of interest in the way the ACoBA rules are applied.

Public Administration and Constitutional Affairs Committee

Debate between Bernard Jenkin and Chloe Smith

Thursday 25th January 2018 Commons Chamber

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

I join others in welcoming you back to your place, Mr Deputy Speaker, and I thank my hon. Friend the Member for Harwich and North Essex (Mr Jenkin) for his work in bringing these affairs to the House’s attention today. If Members present have not already taken a look at the Government response to the Public Administration and Constitutional Affairs Committee report, I encourage them to do so. We clearly state that the Government are committed to maintaining the highest standards of conduct for Ministers and civil servants, including special advisers, and we believe that the rules and procedures in place are proportionate and adequate. We look forward to working with the Committee to do more, however, and I put on the record my willingness to work with its Chair to do so.

[Mr Jenkin]

I welcome my hon. Friend back to the Front Bench in her new position at the Cabinet Office, to which she brings considerable experience, including of this issue. However, I have to express my disappointment at the Government’s response. Some minor amendments were accepted, but it regards the system as the highest example of regulation and openness when it simply does not deliver the public confidence that we want. I appreciate that this is a vexed issue and that we do not want to deter people from coming into the public service for fear of being treated unfairly on the way out, but the present arrangements are inadequate. The response even refused to put more explicitly into the ministerial code words such as

“You must… take decisions in the public interest alone”

and

“You must… never allow yourself to be influenced in contracting, procurement, regulation or the provision of policy advice, by your career expectations or prospects if you leave the public service”

and

“You must not… take up any post outside the public service in businesses or [commercial] organisations operating in areas where you have been directly responsible”.

I do not understand why those things cannot be put explicitly in the ministerial code so that they are talked about and understood, which would begin to change the attitudes that unfortunately pervade many of the Ministers, special advisers and civil servants in Whitehall.

Oral Answers to Questions

Debate between Bernard Jenkin and Chloe Smith

Wednesday 20th March 2013 Commons Chamber

[Miss Smith]

As I noted in my previous answer, we believe in accountability and in being able to “shop” those examples where that occurs. We take action on every such example and I am confident that that will cover what the right hon. Gentleman seeks.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

Does my hon. Friend agree that the sheer cost inflicted on smaller businesses trying to bid for public contracts is prohibitive? What are the Government doing to reduce the cost of bidding for public contracts? Unless we reduce the cost, they simply will not bid.

[Miss Smith]

My hon. Friend is absolutely right. We have streamlined the procurement process by introducing faster and simpler procedures. We have removed bureaucracies such as pre-qualification questionnaires for contracts below the European Union threshold. We are also continually finding ways to help SMEs and others to navigate their way across Government. We look forward to continuing to work with my hon. Friend’s Committee to do more of that.

Small Charitable Donations Bill

Debate between Bernard Jenkin and Chloe Smith

Tuesday 4th September 2012 Commons Chamber

[Miss Smith]

I shall be happy to look into the matter, within my powers, and come back to him. However, it might well be a question for the Charity Commission, in which case the hon. Gentleman will know where to direct his inquiries. If there is information I can give him, though, I shall be happy to get back to him.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

To assist the Minister and the House, may I inform Members that the Public Administration Committee is conducting an inquiry into the post-legislative review of the Charities Act 2011 and that the role and charitable status of religious organisations are subjects we are concerned about? I invite the hon. Member for Coventry South (Mr Cunningham) to engage with the Committee on this subject. We are happy to discuss it with him.

[Miss Smith]

I thank my hon. Friend for that contribution, which I hope has given the House enough to go on on this subject.

The purpose of the scheme—

--- Later in debate ---

[Miss Smith]

It is indeed about getting it right for those groups that we all care about. I can reassure the hon. Lady that I have already made changes to the Bill on a number of points, in comparison with what was originally outlined. If I can make a little progress, I will come on to explain them. I further reassure her that the whole point of having a public scrutiny stage for the Bill is exactly to hear those points. I have made it my priority to work with those representative bodies and, indeed, to work directly with charities as much as possible, reassuring them about the benefits of the scheme and explaining why I designed it carefully in order to protect its aims.

[Mr Jenkin]

I welcome the Bill, as does the charitable sector generally. So many people making small donations have thought about the need for this reform, and it is such an obvious reform to make—although, of course, the implementation is much more complex than the concept. Would it be sensible for the Government to agree now that whatever scheme is implemented in the Bill will be subject to review after two or three years, so that there is a mechanism allowing it to be swiftly amended by secondary legislation within a limited period? That will enable lessons to be learned, and perhaps it will be possible to extend the scheme to a broader range of charities so that more of them can benefit from it in the future.

[Miss Smith]

My hon. Friend has made a good point. I know that he has spoken to charitable groups in his constituency and others and has benefited from his experience on the Public Administration Committee. He will be aware that the impact assessment contains a commitment to keep the scheme under review. I am sure he will agree that the purpose of the scheme is to engage the charitable sector, and that it is certainly not intended to “turn off” charities that we want to support by means of the mechanism that it provides. I hope I can reassure him that we want to encourage smaller charities not to give up on gift aid, and to embrace a new scheme which we hope will be helpful.

As I was about to say to the hon. Member for Clwyd South (Susan Elan Jones), many improvements to the Bill have been suggested, and I have listened to those suggestions during our consultation on the scheme. We originally proposed a one-for-one match in relation to the amount of donations on which a claim could be made under the scheme, and on which a claim could be made under gift aid, in the same tax year. Every £1 claimed on small donations would need to be matched with £1 claimed under gift aid. However, the sector feared that that would constitute too high a barrier for many organisations, especially small charities.

Having listened carefully to what charities thought, I accepted that our proposed arrangement would limit the amount of small donations payments that could be claimed for some of those charities. We have therefore reduced the level of matching from 100% to 50%, so that charities and CASCs will be able to make a claim for £2 on small donations for every £1 donated under gift aid. I think that that is a good compromise between helping charities to claim as high a level of small donations payments as possible, and ensuring that the payments go only to legitimate charities. Given that such a matching procedure will significantly reduce the attractiveness of the scheme to fraudsters, I hope that the sector will support it.

Let me now explain how we intend to ensure fairness of access to the scheme for charities that are doing similar work in a given locality. The scheme allows all charities that meet the entry requirements to claim a payment on up to £5,000 of small donations per charity. For many charities, that will suffice. Small local charities that are independent charities in their own right need consider the rules no further. I hope I can reassure Members that small charities will welcome the scheme, and, in terms of what they receive of the proportion that they seek, will obtain the most benefit from it. However, the scheme also allows some charities to claim more on small donations than the main limit of £5,000 if they carry out charitable activities in what we have called a “community building”, and meet certain conditions.

When we were developing the detail of this part of the scheme, it became clear that unless special rules were introduced, some charities would be able to claim hundreds or even thousands of times less under the scheme than their counterparts doing very similar work, simply because of the way in which they were historically set up. For example, Church of England parish churches are generally set up as separate charities, but in the Roman Catholic Church there is usually one charity at the diocese level with a couple of hundred parish churches below it. Without special provision, the Catholic Church, and certain other secular and faith charities with similar set-ups, would qualify for a small fraction of what their counterparts could claim under the scheme, unless they were to fragment and set up many more charities locally. I do not think forcing charities to set up more charities just for the sake of this scheme is sensible, nor would placing them at a very significant financial disadvantage simply because of the way they have historically been structured. So I have introduced the community building rule to ensure that charities carrying out similar activities in local communities—either through independent charities under an umbrella organisation or as local groups of a larger charity—get allowances under the scheme that are not hundreds or thousands of times different. Finding a solution to that issue was a priority.

[Mr Jenkin]

Why has £5,000 been chosen as the sum, and why is it actually written into the Bill? Is there some means of amending the figure at a later date, in the light of experience or inflation?

[Miss Smith]

As I have said, there will, of course, be an opportunity to review the Bill in the light of how it operates. The answer to this question is all to do with realism: the Bill’s provisions are, in effect, a form of public spending—I shall explain later how they differ from tax relief—and so a limit has to be included in the design, because such funds are not endless.

The sector has raised concerns about the perceived complexity of the community building rule. It is true that in order to obtain a simple result—that charities doing the same things should get an entitlement that is similar—we are going to need to put in place some fairly detailed rules. I hope Members agree that that is preferable to disadvantaging some charities just because of the way they are set up. However, as I have said, it is only those charities, or groups of connected charities, wishing to apply for top-up payments on more than £5,000 in donations who need to consider the community building rule. Most small charities collect less than £5,000 in small donations, so the rules will be irrelevant to them. Her Majesty’s Revenue and Customs will issue clear guidance, developed through working with the sector, to show exactly how these rules will work in real-life situations. I am confident that that can be made to work.