Unaccompanied Child Refugees: Europe

Debate between Brandon Lewis and Lyn Brown

Thursday 2nd November 2017 Commons Chamber

[Lyn Brown (West Ham) (Lab)]

I thank the hon. Member for South Cambridgeshire (Heidi Allen) and my hon. Friend the Member for Walthamstow (Stella Creasy) for securing this debate. I wish to use my time to draw attention to the plight of two specific children and bring human faces to what can be a difficult discussion. I want the Government to hear about these two children—especially the Minister, who is currently chatting on the Front Bench, because I would like him to do something about it. He knows that I will hold him to account if I do not believe that he is paying attention.

[The Minister for Immigration (Brandon Lewis)]

I would like to point out that what the hon. Lady just said is completely false.

[Lyn Brown]

Rubbish! I am not even going there.

The first case is that of Tekle, a 13-year-old Eritrean boy who is currently living in a camp near the French-Italian border. He has survived in Italy, unaccompanied, for more than 11 months now. His father is in the UK and is desperate for his son to join him. It must be absolutely heart-breaking for a parent to know that a child is so vulnerable but to be unable to bring them the relatively few miles to safety and to that parent. The asylum system in Italy—[Interruption.] The asylum system in Italy is overwhelmed. [Interruption.] Does the Minister want me to call him out again? I am happy to. I really would like him to listen. Perhaps the Lord Commissioner of Her Majesty’s Treasury, the hon. Member for Burton (Andrew Griffiths), could stop chatting.

[Brandon Lewis]

I am not sure whether or not the hon. Lady wants us to listen, but she is stopping for reasons that I simply do not understand. I am making notes on what she is saying so that I can answer her questions later. I am not quite sure what she is trying to imply. She seems to be playing a very silly game.

[Lyn Brown]

The Minister knows better than to accuse me of playing silly games. If I was not watching people chatting on the Front Bench and if I was not worried that I was not being heard, I would not be stopping. I want to be heard because I genuinely believe that although these two cases are specific, they are also indicative of all the cases we have been hearing about today. I think the Minister is a good man generally, and I know that he normally listens to debates, which is why I had so much faith that he would listen to me today and take some action on these cases. That is why I am being so clear that I would like him to pay real attention to what is going on.

The refugee support organisation Safe Passage secured an appointment with the Italian authorities so that Tekle could request asylum and seek transfer to the UK, which appears to be his right. He was finally granted an interview last month but was not given an interpreter, so the information recorded was inaccurate and his journey was curtailed once more. Psychologists working with Médecins Sans Frontières have met Tekle more than once, and their professional assessment is that his mental health is in a perilous condition. He is also vulnerable to the criminal gangs that, as the Minister knows, prey at these camps around the world. His future remains unclear. I can only imagine what it must be like to be that young, that frightened and that alone and have to wait so long with nothing in the future secure. He does not know whether he will ever find a home or be safe with his family again.

The story that my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) raised was about Awet, a 12-year-old Eritrean girl who arrived in Italy in June. Her brother, also a child, has been living with a stable foster family for the past three years. His carer is willing to foster Awet too so that the two can live together in security. Awet is obviously vulnerable. She was initially placed in a mixed reception centre with adults of both sexes before Safe Passage intervened. She is terribly afraid and despairing in the reception centre, and, like Tekle, has recently attempted to run away. She would rather risk absolutely everything in her attempt to be with her brother than remain in what she perceives to be a terrifying prison.

Last month—five months after her arrival—Awet was able, finally, to submit her asylum application in Italy, but it is unclear whether a take charge request has been made because of the consistent bureaucratic delays in the area. This is the situation that so many unaccompanied children live in across Europe. Their only hope is for a legal route to be offered to them so that they can rejoin their families.

--- Later in debate ---

[Brandon Lewis]

I will come to the wider point around that shortly, but, as I have just said, the High Court has outlined that the process the Government have used is lawful.

Children have already arrived in recent weeks from France and transfers are ongoing. We have been working closely with Greece to put in place the processes for the safe transfer of eligible children to the UK, and expect to receive further referrals in the coming weeks. I say to the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), the Chair of the Select Committee, that she is effectively proposing that we should just take children from another country. I am sure Members must appreciate, when they think this through, that we simply cannot do that. We as a Government and a country must respect the sovereignty of other countries and their national child protection laws. That is the right thing to do.

For the year ending June 2017, we in the UK granted asylum or another form of leave to remain to more than 9,000 children, and have done that for more than 42,000 children since 2010. We are fully committed to ensuring that unaccompanied asylum-seeking children and refugee children are safe and that their welfare is promoted once they arrive in the UK. That is why yesterday, as has been outlined, the Government published a safeguarding strategy for unaccompanied asylum-seeking and refugee children, in recognition of their increased numbers and specific needs, backing up the point I made earlier that we want to make sure we are doing the right thing by the children who need our support.

[Lyn Brown]

The Minister will remember that in my contribution and in those of other Members, we talked about children who have families here in the UK and who are desperate to get to them. Will he commit today to working with me on the two cases that I have brought to him, and on the other cases that Members on both sides of the House have raised, relating to children with families here who are risking their lives trying to be reunited with possibly the only family they have left?

[Brandon Lewis]

I have worked with the hon. Lady a great deal over the years, and I genuinely like her. I will respond to the particular cases she has brought up, and I will touch on the wider issue of family reunion in a moment if she will bear with me.

The motion understandably considers the impact of our exit from the EU on this country’s participation in the Dublin regulation. I want to reassure the House that until we exit the EU, the UK will remain bound by EU asylum legislation, where we have opted in, including the Dublin III regulation. We are committed to ensuring that it operates efficiently and effectively, and the guidance we have published today is a further indication of our commitment in this area.

However, I want to clarify a misunderstanding that is out there. Dublin is not and has never been a family reunion route in itself. The recent reporting of this issue has been misinformed, and I hope that I can provide some clarity today by confirming a point made by my hon. Friend the Member for Colchester (Will Quince) in his excellent contribution. The Dublin regulation is the mechanism used to determine the member state responsible for the consideration of an asylum claim, and it is primarily used in respect of adults, not children, to make transfers both into and out of the UK. It confers no right to remain in the UK once an asylum claim has been considered.

The right approach to this issue must be to negotiate with the EU on co-operation on asylum and migration, considering the issues in the round. The Government have set out a clear position that co-operation on asylum and migration, which we value, is for discussion with the EU. We support the underlying principle of the Dublin regulation that asylum seekers should claim asylum in the first safe country they reach and should not be allowed to “asylum shop”. That point has been made by several of my hon. Friends today. Moreover, Dublin is a two-way process that requires the co-operation of 31 other countries to work effectively. We do not think it appropriate to commit unilaterally to the entry into the UK of one cohort of those who currently fall within the scope of the Dublin regulation when it requires the co-operation of other sovereign nations to operate.

I want to pick up on the point that the hon. Member for West Ham (Lyn Brown) has just raised. The wider issue of family reunion is hugely important, and Members across the House have rightly raised it this afternoon. The Government strongly support the principle of family unity, and we have a comprehensive framework in place for reuniting refugees safely with their families. We have reunited more than 24,000 partners and children with their family members already granted protection here in the last five years. Our family reunion policy allows children to join their parents here, and there are also specific provisions in the immigration rules that allow extended family members lawfully resident in the UK to sponsor children, where there are the right circumstances. That is aside from the work we do for our mandate resettlement scheme. As we leave the EU, we will continue to meet our moral duty to support refugees affected by conflict and persecution, including children, and continue this country’s proud history of supporting and protecting those in need.

Backbench Business

Debate between Brandon Lewis and Lyn Brown

Thursday 20th April 2017 Westminster Hall

[Brandon Lewis]

No, that is not what I was saying at all. I was saying that I am not an expert on other systems and that it is the independent judiciary who will take a view in an individual case. They will look at the evidence in front of them and make a judgment that they feel is appropriate, looking at a range of issues including human rights and proportionality, as I said earlier. That is a matter for the independent judiciary. I will not prejudge what a judiciary that is independent by definition would do—that would be wrong.

Looking ahead, we will need to negotiate the best possible deal with Europe. I absolutely support the Prime Minister as the best person to get the right deal for our country with our partners in Europe, including thinking about the tools and mechanisms for co-operation with EU member states to help all European citizens, including our own, to remain safe. The hon. Member for West Ham asked me to outline how we are progressing with that work. I am sure that she appreciates—she has a twinkle in her eye—that she is tempting me to give a running commentary on our negotiations with the European Union, which is a temptation I will resist just for a little longer.

[Lyn Brown]

The Minister is generous and kind to give way, but what about the ECJ? Perhaps he could just give us a soupçon on whether or not he believes we will be able to allow the ECJ to arbitrate in matters where there is disagreement. Does he think there is any likelihood of that being accepted at all?

[Brandon Lewis]

The hon. Lady’s intervention anticipates the point that I was just about to make. In a few of her questions, including the one she has just asked, she is asking me to prejudge the negotiations, which I will not do. We will go through some complicated and, no doubt, at times difficult negotiations in the months and years ahead.

Oral Answers to Questions

Debate between Brandon Lewis and Lyn Brown

Monday 6th March 2017 Commons Chamber

[Lyn Brown (West Ham) (Lab)]

Just over a year ago, the Chancellor promised real-terms protection for police funding, but the Met faces real-terms cuts of £47 million, Manchester faces a £12 million one and West Yorkshire faces a £9 million one—England and Wales as a whole faces a massive £200 million cut. That has consequences, with violent crime deprioritised, domestic violence victims ignored and neighbourhood policing eroded. All of that has been evidenced by Her Majesty’s inspectorate of constabulary, yet we have heard nothing from the Minister except complacency. Who should the public believe: the Minister of broken promises or the independent HMIC?

[Brandon Lewis]

I appreciate the tone in which the hon. Lady has asked the question. If she actually looks at the HMIC report, she will see that it is clear that this is not about levels of funding; the report is very much about how the police use the funding they have. I gently point out to her that, if they are using the precept abilities they have, not only is every single police force in the country, bar one, protected, but indeed, this year overall we are seeing an increase in the resources for police forces. Even in London, the police have seen a £30 million increase in their reserves, which means there has been money that they have not used.

Oral Answers to Questions

Debate between Brandon Lewis and Lyn Brown

Monday 23rd January 2017 Commons Chamber

[Brandon Lewis]

In terms of the work we are doing around police funding, I have regular conversations with the Chief Secretary and the Treasury more generally. I am happy to feed back to the hon. and learned Lady more detail on this issue once we have had our next round of conversations.

[Lyn Brown (West Ham) (Lab)]

Whichever way you cut it, the cake is just too small. More than 20,000 police officers have been cut since 2010, and now we know from the Office for National Statistics that crime is twice as high as the Government say. When will the Minister recognise that the combination of high crime and low police numbers leaves the public at risk?

[Brandon Lewis]

I would respectfully say to the hon. Lady, who I know would want to be giving a very clear and transparent set of figures, that what she has said is not accurate at all. The reality is that the ONS has, for the very first time, included cyber-crime and fraud in its figures. It has recorded those figures for the first time, so it is not true to say that the figures have doubled. I am just sad that Labour, when in government, never gave these kinds of figures and had that kind of thing done, which is the right thing to do. I would also congratulate people for recording more crime more generally—[Interruption.]

Policing and Crime Bill

Debate between Brandon Lewis and Lyn Brown

Ping Pong: House of Commons
Tuesday 10th January 2017 Commons Chamber

[Brandon Lewis]

As I said just a few moments ago, we do want to look at strengthening victims’ rights, but we want to make sure that we do so in a correct, appropriate and proportionate way. I want to do that work, and in due course we will come forward with those proposals and ensure that we are doing it properly. Taking into account the work we are doing, Lords amendments 24, 96 and 136 to 142 are at best premature and at worst confused, unfocused and unnecessary. As such, we argue that they should be rejected by this House.

[Lyn Brown (West Ham) (Lab)]

Happy new year to you, Mr Deputy Speaker, and to the Minister.

We support Lords amendments 24, 96 and 136 to 142, along with consequential amendments 159, 302 and 307, and we will vote to retain them in the Bill. We also supported the original amendment 134, with consequential amendment 305. We are glad to see that the Government have changed their position, so we will not oppose their amendment in lieu of Lords amendment 134.

I thank those in the other place who have worked to bring these issues to our attention, particularly Baroness O’Neill and Baroness Brinton. I congratulate my noble Friends Lord Rosser and Baroness Royall, whose determination and outstanding advocacy for the most vulnerable in our society has led to the Government accepting our amendments to the stalking code. Each of the substantive issues before us is deserving of a full debate in its own right, but we have only a short amount of time. I will deal with each in turn.

Lords amendment 24—Lords amendment 159 is consequential to it—is a new clause that requires the Government to commission an independent inquiry into the way in which the police handle complaints relating to allegations of corruption between the police and newspaper organisations. It is commonly known as the Leveson 2 amendment, because it is similar in scope to the proposed second part of the Leveson inquiry. As was announced by Judge Leveson on 14 September 2011, this is a proposed examination into

“whether the police received corrupt payments or were otherwise complicit in misconduct”

and into any failure of the police and others properly to investigate allegations relating to News International and other news organisations. In 2012, the then Prime Minister, the right hon. David Cameron, said:

“When I set up this inquiry, I also said that there would be a second part to investigate wrongdoing in the press and the police, including the conduct of the first police investigation.—[Official Report, 29 November 2012; Vol. 554, c. 446.]

Yet the Government’s consultation, which ends today, as we have heard, could be seen as a weakening of that commitment. That underlines the need for the clarity that this amendment would provide.

Oral Answers to Questions

Debate between Brandon Lewis and Lyn Brown

Monday 5th December 2016 Commons Chamber

[Brandon Lewis]

The right hon. Lady may be confusing recorded crime with actual crime. The crime survey shows that violence is down by over 25% since 2010. We are seeing an increase in recorded crime. We should welcome that, because it shows a better recording of crime, and also, importantly, a willingness of victims to come forward.

[Lyn Brown (West Ham) (Lab)]

In 2014, the current Prime Minister said that there were

“utterly unacceptable failings in the way police forces have recorded crime”

and that this has let down victims. yet all three forces inspected this August are not recording crimes properly. In Manchester, 17,000 violent crimes were simply ignored. Will the Minister tell this House why his Prime Minister failed to make any progress in two years?

[Brandon Lewis]

The Prime Minister—the previous Home Secretary—and the current Home Secretary are seeing a reduction in crime. The police should be proud of that while running things efficiently for the benefit of the taxpayer. There is also an increase in recorded crime, which, as the Office for National Statistics itself has outlined, is because of the willingness of victims to come forward as a result of their increased confidence in the police to deal with the issues. That is to be welcomed.

Police Dogs and Horses

Debate between Brandon Lewis and Lyn Brown

Monday 14th November 2016 Westminster Hall

[Brandon Lewis]

I appreciate that. Like my hon. Friend the Member for North Thanet (Sir Roger Gale), I have received a huge amount of emails and correspondence on this issue, none of which, I am sorry to say, asked about the welfare of PC Wardell—it was all concerned about Finn, which highlights just how much the public and we care about animals. I am pleased that both are recovering well.

As I said earlier this month, when we twice debated officer safety at length, any kind of assault on a police officer, or on the animals and people who work with them, is completely unacceptable, so I am grateful for this opportunity not only to reiterate that message but to restate my personal commitment to moving forward on this issue.

The particular abilities of dogs make them a vital part of the police team, and indeed the police family. Part of the complication, as one of my hon. Friends mentioned, is that the issue is wider than police dogs. We also have police horses and fire dogs—I met Reqs from Hertfordshire, and he is a fine specimen of a Labrador—and there are other service dogs too. Anyone who thinks it is appropriate, excusable or acceptable to mistreat, abuse or attack a guide dog or a hearing dog also needs to understand the severity of the crime they are committing. If we move forward on this issue, it is important that we encapsulate the kinds of dogs that serve our community and are extensions of the community that they serve.

Dogs provide important support in many areas of our public services. I have met Reqs, a fire and rescue dog, but there are other dogs working within our military or working to keep our borders safe. We often ask such animals to take on dangerous roles that we either would not ask humans to do or that it would simply not be practical for humans to do. These animals play a hugely important part in ensuring our safety and security.

Police dogs, for example, make a fantastic contribution in searches for suspects, vulnerable people and evidence, in specialist searches for drugs, explosives, firearms and bodies, in crime scene work and, of course, in tracking suspects. The pictures of Finn after the attack remind us of the specific dangers faced more widely by police dogs that are working in pursuit and public order situations. They and their handlers show incredible bravery and go about their work with dedication and courage to keep us safe and fight crime. They show remarkable courage and discipline.

Another police dog, PD Ghost of Merseyside police, lost his life last week while carrying out his duties. He was hit by a car in a tragic accident. The media coverage of his illustrious career—chasing and holding dangerous criminals to keep the local community safe—shows just how much we have lost with his passing. I offer my condolences to his handler, PC Dave Bartley, too.

Much of today’s debate has understandably focused on dogs, but it is important to remember that horses are also an important part of the police family. As well as making a contribution to local policing in our rural communities, police horses are often called on to perform their duties in the face of danger, including in serious public order situations. It is hugely upsetting to read stories such as those reported in the media following the million-mask march in London last year, when people looked to bring down a police horse and its rider, which is a cowardly and dangerous act. The images are still clear in my mind of a football match that I attended when I was young: police horses were brought in to ensure safety and security, and some fans decided to throw darts at the police horses. That is simply not acceptable.

On Friday afternoon I saw the preparation for the safety and security of the visitors and spectators at the England-Scotland football match. As my hon. Friend the Member for North Thanet said, the vision of a police horse rider goes beyond anything that somebody at ground level can see. They therefore play an important role in ensuring that the policing is conducted and structured in the right way. More generally, we should all seek to encourage the Police Federation to consider adding a category at the police bravery awards to recognise the bravery shown by police animals.

The language used to describe attacks on police assault animals goes to the core of how we move this debate forward. I absolutely understand that the language used in the charging of assaults can be completely unpalatable. My hon. Friend the Member for Dartford (Gareth Johnson) made that point directly. We do not simply see these brave and important members of our policing family as property. They are more than property. They are a living, breathing thing, but a charge of criminal damage can suggest that they are nothing more than property. I appreciate how that can be upsetting and can seem wrong. I see how for many it can be the crux of the issue, and I agree with them.

The issue is complicated, because it goes more widely than police dogs. None of us thinks of police animals as just equipment. They are an important part of the job, but they are not just equipment. That does not seem to me to convey properly the respect and gratitude that we rightly feel for those animals, for their contribution to law enforcement and public safety more widely. That is why I have written to my ministerial colleagues at the Ministry of Justice and the Department for Environment, Food and Rural Affairs to explore whether we can do more in law to offer appropriate protection to working animals.

I appreciate Members’ earlier calls about the Policing and Crime Bill, but I think it unlikely that we will do something in that Bill, partly because the Bill is at Report stage in the House of Lords and is likely to receive Royal Assent at the turn of the year. We need to do some work with the Sentencing Council. I will come to penalties in a moment; the point made about them was fair. There is work to do on ensuring that the penalties—which are severe and match those elsewhere in the world—that are linked to the Criminal Damage Act 1971 apply to animals in a way that is appropriate and correct in language, as well as on ensuring the ability to prosecute.

We must also consider using the law not just for police dogs and horses, but more widely for service and working dogs—that might cover guide dogs and potentially those used by the fire and rescue service and others. It is important that we do that piece of work. Other work is going on—I will come to it in a moment; it touches on some of the points the hon. Member for West Ham made about assessing—that means that we might not be able to put something in the Policing and Crime Bill, but if there is a need for legislative change, I will consider opportunities to do so in 2017.

[Lyn Brown]

I am grateful to the Minister for that assurance. I think he is an honourable man who will keep his word, and I accept that sometimes when we legislate in haste, we legislate badly, and it would be better to do this well. Has he thought of any forthcoming Bills from the Home Office, the Ministry of Justice or DEFRA that he might be able to tag this on to? I always think that a date is a better way to hold the Government to account. It is something tangible and concrete to hang it on.

[Brandon Lewis]

I thank the hon. Lady for ensuring that she does her best to hold me to account, as well as to tempt me into pre-judging what Bills might be introduced in the next Session. I hope she will understand if I resist, but I will say that if we see while working through the issue that a legislative change is required—Sentencing Council changes might not require it—I will seek to do something in 2017, which is not that far away.

We expect a huge amount from our police support animals, in terms of their training, temperament and performance in their various roles and the dangerous situations in which we ask them to perform. The scale of support for the petition shows that the public hugely appreciate their work. It is only fair that police dogs and horses receive the best possible protection as they go about their duties.

As has been outlined in this debate by Members and in the response to the petition, significant penalties are already in place that can be issued to those who attack animals that support the police. I recognise that this e-petition debate is about more than just penalties. I hope I have covered some of that already, but I will go further. I am glad that the penalties currently available reflect the seriousness of the offence; the issue is how and where they are used to prosecute successfully. As has been said, an attack on a police dog or other police support animal can be treated as causing unnecessary suffering to an animal under the Animal Welfare Act 2006. The maximum penalty is six months’ imprisonment, an unlimited fine or both. An attack on a police animal can be considered by the court as an aggravating factor, leading to a higher sentence within the range of six months’ custody.

Under some circumstances, assaults on support animals can be treated as criminal damage. I appreciate that that use of language can seem inappropriate, but it is important to note that that charge carries a much wider sentencing range, allowing for penalties of up to 10 years’ imprisonment. I appreciate the comments that my hon. Friend the Member for Dartford made about the valuations required, but we must also bear in mind that the valuation of a police dog, with its training, would be well in excess of the figures involved. Finn’s attacker has been charged with this offence, given the seriousness of the assault.

The petition calls for protection in line with that afforded to police support animals by the US Federal Law Enforcement Animal Protection Act 2000, as the hon. Member for West Ham said. Under that legislation, causing harm to a police animal in the US carries a maximum tariff of one year in prison. Where the offence is more serious, the maximum penalty can be as high as 10 years, so the maximum penalties available there, if used, are about the same as the maximum penalties here in England and Wales. The issue is whether they are being used and presented in the right way. I agree that the framework within which the offence is held, prosecuted and used is crucial; at the moment, many people feel that it is not ideal. That is why I have outlined that I will work with colleagues from the Department for Environment, Food and Rural Affairs and the Ministry of Justice, as well as campaigners and colleagues throughout this House, to consider how we can take the issue forward in a positive way.

Oral Answers to Questions

Debate between Brandon Lewis and Lyn Brown

Monday 31st October 2016 Commons Chamber

[Brandon Lewis]

My hon. Friend makes a good point. Our co-operation and membership of Europol will obviously continue in full with us as a full and strong contributing member of Europol, which of course predates the European institutions. We have been very clear that our co-operation with member states, and our determination to ensure the security and protection of the people of this country, will continue when we are no longer a member of the EU.

[Lyn Brown (West Ham) (Lab)]

After the Paris Metro bombing in 1995 it took 10 years to extradite Rachid Ramda from the UK, but after the London tube bombings in 2005 it took just 56 days to extradite Hussain Osman from Italy to the UK. The difference in time in bringing murderous terrorists to justice was a result of the European arrest warrant. I cannot believe that the Minister will not guarantee that, however Brexit is negotiated by this Government, there is no question whatsoever of our ending our commitment to the European arrest warrant. Can he please guarantee to the House today that the European arrest warrant will continue?

Housing and Planning Bill

Debate between Brandon Lewis and Lyn Brown

Tuesday 3rd May 2016 Commons Chamber

[Brandon Lewis]

I do not think that that recognises the policy at all. The policy means that as people earn more, they will pay a few pounds a week more. I do not think that is unreasonable, and it ensures that we make the best possible use of our social housing stock.

[Lyn Brown (West Ham) (Lab)]

It is difficult to know where to start. The Minister talks about people paying an extra few pounds more, but that is nonsense. This is a tax on aspiration, and the idea that a family in London that earns £40,000 a year is rich is baloney. It costs an awful lot to live in this wonderful capital city of ours—something that the Minister is failing to grasp.

[Brandon Lewis]

If the hon. Lady reads the Bill and the amendment, she will appreciate that we do not suggest that people over that income should not stay in their home, or that they should move to private rented accommodation; we are saying that as people earn more money, they should contribute a little more into the system. That is reasonable, and it ensures that we make the best use of those properties for the people who need them most. The package we have announced ensures a policy that protects work incentives. On that basis, I cannot support amendment 57, or amendment 58, which raises the income thresholds by the consumer prices index, and I hope that the House will agree.

Self-build and Custom Housebuilding Bill

Debate between Brandon Lewis and Lyn Brown

Friday 9th January 2015 Commons Chamber

[Lyn Brown (West Ham) (Lab)]

I thank the hon. Member for Stone (Sir William Cash) for his interest in the Bill and for his speech.

As hon. Members know, the Opposition support the Bill and see no reason to support the amendment in that form. We are convinced by the points made by the hon. Member for South Norfolk (Mr Bacon) and are content with the Bill.

[The Minister of State, Department for Communities and Local Government (Brandon Lewis)]

I, too, thank my hon. Friend the Member for Stone (Sir William Cash) for taking an interest in the Bill and for working to ensure that the Bill is as strong as it can be. He suggests that there should be a statutory consultation period of three months before any guidance is issued by the Secretary of State. I thank him for raising the important issue of consultation and guidance, and for giving me the chance to explain the Government’s position, which I hope I can.

I know from the experience of our right-to-build vanguards that it is important that any national framework for the register is sufficiently flexible to reflect the considerable differences—my hon. Friend the Member for South Norfolk (Mr Bacon) outlined the differences—in the scope for custom build in different parts of the country. It is important that we seek the views of a wide range of interested parties, particularly when we are establishing the detailed framework, but I am not convinced of the need for a statutory consultation period before the issuing of guidance. I am afraid that the Government cannot support the amendment.

Statutory consultation can have a valuable role, but it is not necessary or desirable for every Government action. When used unvaryingly, it can have a detrimental impact on policy and create significant delays. That is not to underplay my understanding of the point that my hon. Friend the Member for Stone makes—I acknowledge his point.

In many instances, the Secretary of State may issue guidance to local government without being required to consult local government and other partners before doing so. For example, we are not statutorily required to consult on national planning policy guidance. In the case of the Bill, we believe that statutory consultation would only delay the implementation of the custom and self-build register that the Bill seeks to establish. The explicit requirement in the amendment for at least a three-month consultation period seems excessive, especially given that our current consultations on planning policy matters are normally around six to eight weeks, which gives local authorities and others sufficient time to respond.

My hon. Friend’s amendment would also mean that the Government must consult for a considerable period on even minor revisions to the guidance, which would clearly add unnecessary bureaucracy. Arguably, it would increase the burden on local authorities. My hon. Friend wants neither of those things and we strongly want to avoid them.

To deal with what my hon. Friend desires, local authorities have been key influences in the development of the policy, as we have demonstrated through the right-to-build vanguards. My hon. Friend the Member for South Norfolk outlined how important they have been in the development of the policy—I will return to that on Third Reading, which will I hope will happen shortly. We fully intend to maintain this close link with local authorities and other partners in implementing this policy, including in drawing up the guidance.

With those few words of explanation, I hope my hon. Friend feels reassured enough to be able and willing to withdraw his amendment.

Oral Answers to Questions

Debate between Brandon Lewis and Lyn Brown

Monday 3rd March 2014 Commons Chamber

[Brandon Lewis]

The fire authority, with many others, has done great work during the floods both locally and with mutual aid. We should all be grateful to them for that work. In terms of the de minimis, we did that last year. It was not put in place this year, but obviously we review such matters annually.

[Lyn Brown (West Ham) (Lab)]

Excluding London, the West Midlands, West Yorkshire and Greater Manchester fire and rescue services are experiencing the worst cuts despite having the highest number of incidents. Will the Minister assure me and the House that there will be no impact on response times?

[Brandon Lewis]

Local decisions on the application of budget usage are made by local fire chiefs. When the hon. Lady looks at those authorities, she should also look at their spending powers. We find that areas with most need have the highest spending power.

[Lyn Brown]

I note that the Minister did not answer the question. The Chief Fire Officers Association says that the cuts will have a profound impact on operational response. The Minister’s policy encourages a significant increase in the number of retained firefighters. He will know, as will the House, that despite the fact that retained firefighters do an excellent job, they do not sit in a fire station waiting for an emergency call. I will give the Minister another chance to answer and to tell the House what assessment he has made of the impact of his cuts and his policies on response times.

[Brandon Lewis]

I appreciate the hon. Lady’s comments about the retained fire service. She should be aware that they do a phenomenal service throughout the country. In many areas they are the bulk of the service, and during the recent strikes—I note that she did not ask the Fire Brigades Union not to strike, nor did she condemn it—they were the backbone of keeping this country safe. They have done a super job. We are all in the fortunate position of seeing fire response times reacting; call-outs are falling to their lowest level for 10 years because of the service’s great prevention work. The fire service’s key work is prevention so that it does not need to respond in the first place.

Oral Answers to Questions

Debate between Brandon Lewis and Lyn Brown

Monday 17th December 2012 Commons Chamber

[Brandon Lewis]

My hon. Friend is correct. The new scheme that changes local government finance from next year will give them two key advantages. First, they will have the ability to achieve growth in their income if they see economic growth. Secondly, and more importantly for their communities, they will have the opportunity and the incentive to be part of driving local economic growth and to see new businesses come in and more residents in employment.

[Lyn Brown (West Ham) (Lab)]

The Minister will, I hope, know that population is a key factor affecting the total resources allocated. Can he confirm that he will use the population projections based on the 2011 census, not earlier estimates or projections?

[Brandon Lewis]

Yes, we are using the census figures.