Commercial Financial Dispute Resolution Platform

Debate between Calum Kerr and Richard Arkless

Thursday 15th December 2016 Commons Chamber

[Richard Arkless (Dumfries and Galloway) (SNP)]

I add my thanks to my hon. Friend the Member for East Lothian (George Kerevan) for securing this very important debate, which has caused a number of Members to be contacted by constituents who own small businesses and have been fleeced and mis-sold the most awful and inappropriate hedging products, leading not only to economic disaster but, as many have said, mental health problems; there have also been other effects on health and wellbeing. My hon. Friend made an excellent speech, as always. He set the tone of the debate perfectly by saying that this is a time to move beyond individual cases. Clearly, we all have these cases, but he meant that we need to look beyond discussing them and see whether we can come to some form of permanent solution.

[Calum Kerr (Berwickshire, Roxburgh and Selkirk) (SNP)]

I commend my hon. Friends for turning up in numbers. I am sure that everybody across the House has constituents deeply impacted by this, and it is disappointing, despite Christmas and all, that the House is so poorly attended. Will my hon. Friend join me in praising the work of Richard Samuel, who back in May, when we first looked at this idea, drew the parallel that we have been discussing? Will he commend my hon. Friends for bringing forward—I hope that the Government will see this for what it is—proactive suggestions as to how we improve things? Yes, we rage against the system, but we are trying to be proactive and work with the Government to improve the world for small businesses.

[Richard Arkless]

I entirely agree. My hon. Friend puts his point passionately and very well. It is time for mourning to stop and for solutions to be found.

My hon. Friend the Member for East Lothian made an incredibly important point about the link between low productivity levels in the UK and the threat and the pressure that small and medium-sized enterprises have been under, particularly since 2007-08. There is no smoke without fire. I am convinced, having listened to him, of the causal link between the problems that we are discussing and low productivity of SMEs.

I was particularly struck by my hon. Friend’s comments about arrangements between solicitors’ practices and large banks. I declare an interest of sorts, in that I was a practising solicitor who was seconded to a large financial services organisation. How it works is very peculiar. I was given to the bank for free by my firm, and the bank created a so-called value account. My salary was set into this value account, which triggered work for my firm. We can see the problem that SMEs have in trying to find highly reputable, highly skilled corporate lawyers; they are all working for firms that have these links with the banks. These firms do not bite the hand that feeds them; they need this work. That is another manifestation of the complete inequality of arms between SMEs and large financial services organisations. My hon. Friend was right to say that banks’ terms and conditions—the secret terms of the contract—have evolved over the years, further exacerbating the inequality of arms.

My colleague on the Justice Committee, the hon. Member for Henley (John Howell), made a very interesting point—I was grateful to him for taking my intervention—about alternative dispute resolution clauses in contracts. While I would clearly welcome ADR clauses in all these types of commercial contracts, I am slightly confused, because I have never seen them in the case of these hedging products. As to asking banks to incorporate these clauses voluntarily, it stands to reason that the commercial risk will drive whether they are included. We are talking about risky derivatives. Have we ever seen ADR clauses in hedging product contracts? If not, I have no idea how we could persuade the banks to incorporate them voluntarily, given the risk.

Protection of Ancient Woodland and Trees

Debate between Calum Kerr and Richard Arkless

Thursday 10th December 2015 Westminster Hall

[Calum Kerr (Berwickshire, Roxburgh and Selkirk) (SNP)]

Mr Walker, you have just missed a consensual and uplifting debate. Mr Turner and I sit on the European Scrutiny Committee, and if only that Committee were equally consensual and uplifting on occasion.

I congratulate the hon. Member for Taunton Deane (Rebecca Pow) and my hon. Friend the Member for Falkirk (John Mc Nally)—he has gone off to catch a train, and not of the high-speed variety—on securing this debate, which has been a most uplifting experience. The hon. Lady kicked us off with a truly evocative and passionate speech that drove home why we are having this debate: the power, beauty and importance of our natural environment. She outlined a powerful case for special recognition for ancient woodland and called for a much more sensible approach.

The good news is that we have an eminently sensible Minister before us today—as the Scottish National party’s DEFRA spokesman, I am used to standing up and making requests of him—although it is unfortunate that the Under-Secretary of State for Environment, Food and Rural Affairs, the hon. Member for Penrith and The Border (Rory Stewart), who has responsibility for forests, could not be here today. He is my neighbouring MP, and he has a very valid reason for not being here, because of the level of flooding in his constituency, but I am sure he would be delighted for the Minister, in his absence, to commit him heavily to far greater protection of our ancient woodland. I look forward to the Minister’s positive response.

My hon. Friend the Member for Falkirk told us a lot about his history and the role of woodland in his life and in his community. I sense that he has many a personal story of his courting days beneath the canopy that perhaps might be better exchanged in the Sports and Social than in Westminster Hall, but he made a number of excellent supportive points, including highlighting one or two things that we specifically do in Scotland.

The right hon. Member for Chesham and Amersham (Mrs Gillan) gave a wonderful overview of the central role that woodland can play in our communities when protected and fostered. She also highlighted the dangers of HS2 and the impact it could have on our landscape if we get our priorities wrong. She also put in a most excellent, yet shameless, plug for a community cause in her constituency, which is always a good way to end a week in Westminster.

The hon. Member for North West Hampshire (Kit Malthouse) did something that I would not have thought possible, which was to get Little Red Riding Hood and Snow White into a speech. That set the tone for another excellent, evocative and moving contribution. I apologise to the following two speakers because a different call of nature meant that I missed elements of their speeches. The hon. Member for Cannock Chase (Amanda Milling) made an important point about visiting a woodland site, and those of us who are involved in setting policy should always remember to go and understand the beauty and impact of such environments first hand—I thank her for making that point. I apologise to the right hon. Member for New Forest East (Dr Lewis) for missing the start of his speech, but he correctly reflected on the consensual nature of this debate and on the psychological benefits of the very woodland that we are discussing today, regardless of whether we measure it in feet, metres or yards.

Across the country, our ancient woodlands are more than just a component of our landscape; they are part of its very soul. They go beyond living history; as we have heard, their importance to biodiversity makes them part of our breathing history too. Our connection with them is long, deep and emotional. Writing in 1936, slightly before my time, the chronicler Arthur Mee talked of our old trees in the introductory volume to his great book series “The King’s England”:

“Silent sentinels of the simple pageant of our nation’s life, they saw the knight come back from the Holy Land…they gave their bows to the men who fought at Agincourt.”

Those words are of their time, but they convey the affection that we all still feel for our woodlands, which cover 500,000 hectares, or just 2% of the UK. Roughly half that coverage needs restoration to safeguard its cultural and natural heritage for future generations. In Scotland, the geographical area taken up is rather less—1% of the land is covered by native species—but the Scottish tree is just as important and loved as the English, Welsh or Northern Irish one. That reminds me: a Northern Ireland Member asked me to point out—if hon. Members will allow me a slight educational aside—that the wonderful ancient trees that we witness on “Game of Thrones” are in Northern Ireland.

Ancient woodland is just that: very old indeed. As we have heard, the Fortingall yew in Perthshire is perhaps the oldest tree in the UK. Modern experts estimate it to be between 2,000 and 3,000 years old, but some think it could be far older, possibly even 5,000 years old. I hope that we never decide to cut it to find out for sure. Our woodlands have been under threat for almost as long as humankind has populated Scotland, or indeed other parts of the UK. By the year 82, at the time of Scotland’s invasion by the Roman legions, at least half had disappeared due to the demands of early agriculture. Since then, weather conditions have been cooler and wetter, meaning that much of the woodland has been replaced by peatland. During the 17th and 18th centuries, many of the remaining woods were heavily exploited for timber, charcoal and tanbark.

It is clear that our ancient woodlands have always faced a fragile and precarious existence. As speakers in this debate have pointed out, the risk of erosion of that valuable heritage continues, most particularly because of urban growth and transport schemes. New road developments and High Speed 2 pose ongoing threats, although the latter does not apply in Scotland. Future high-speed rail in particular may well be damaging; the Woodland Trust suggests that it will result in direct loss to 39 ancient woodlands and damage to 23 sites. Woodlands present remarkably diverse ecosystems, are hugely valued for their wildlife and are of significant cultural value. Plus, of course, they are integral parts of our landscapes and natural vistas of often compelling beauty. Their role in raising the human spirit cannot be underestimated.

It has been estimated that some 28,000 hectares of ancient woodland have been lost since the 1930s. That is a huge impoverishment in every way. The one bit of good news is that it is probably harder than ever for developers and farming interests to exploit our remaining assets. However, it is not impossible, and I sincerely hope that Government plans to allow developers to build in the green belt will not lead to cherry-picking of the best sites and new threats to our woodland heritage. It is also a matter of concern that there is no central Government database of ancient woodland, and that no recent analysis has been undertaken of how much has been lost. That needs to be addressed.

North of the border, forestry is devolved to the Scottish Parliament, and ancient woodland is defined as an area that has been wooded continuously since 1750. As in England, there is no statutory protection, but there is a clear intent to preserve if at all possible.

[Richard Arkless]

Therein lies the difference in approach between the UK and Scotland. In the jurisdiction of Scotland, which prefers statutory certainty to convention and presumption, it is actually a series of conventions and presumptions that give planning authorities more tools to resist the felling of ancient woodlands. The Scottish Government produce planning guidance and a whole range of other documents. Does my hon. Friend agree—I say this in a spirit of cross-party co-operation—that even if the Government are not minded to confer statutory protection on ancient woodlands, there are a series of other techniques that could be used?