Amendment of the Law

Chris Kelly Excerpts

Thursday 19th March 2015 Commons Chamber

[Chris Kelly (Dudley South) (Con)]

Thank you, Mr Deputy Speaker, for allowing me to make my final speech in the House. I shall not speak for too long, because I know that many other Members want to contribute to the debate.

The Chancellor’s stated goal is for Britain to become the most prosperous major economy in the world, and for that prosperity to be shared throughout the nation. As a fellow Member whose constituency is outside London and the south-east, I wholeheartedly agree with him, and, indeed, that is what we are starting to see.

The Chancellor was also right to say that no short-term giveaway could benefit people as much as a long-term recovery. That is why there were no pre-election gimmicks yesterday. Instead of short-term gimmicks, we have seen action: action on job creation and growth. Under this Government, 1,000 more jobs have been created every single day, and the Office for Budget Responsibility has confirmed that in the past year we grew faster than any other major advanced economy—50% faster than Germany, and a staggering seven times faster than France.

Dudley South is full of hard-working and enterprising people, many of whom take the plunge and set up their own small businesses. I am delighted that we will be supporting them—and the 5 million self-employed people in the country—by abolishing their class 2 national insurance contributions entirely, thus making tax simpler for those hard-working people and enabling them to get on with making a living, serving their customers, and building their businesses.

The news is also good for larger employers in my constituency. In two weeks’ time corporation tax will be cut to 20%, which is one of the lowest rates in any major economy. We are backing businesses such as Petford Tools, Boss Design and Pressvess, which are in my constituency, so that they can create jobs. Mike Wood, the excellent Conservative candidate for Dudley South, brought representatives of those companies to No. 11 recently to meet the Chancellor. By contrast, Labour’s plan for the first corporation tax rise since 1973 would put jobs at risk rather than helping to create more of them.

Business rates have not kept pace with the needs of a modern economy. Businesses in Dudley and the black country have called for a review, and will join me in welcoming the news that one is to take place. Ninder Johal of the Black Country chamber of commerce has said that, all too often, good local businesses

“have to scale back their growth ambitions because of out of control rates bills”,

and called business rates an “iniquitous tax”. I agree with him.

Labour left manufacturing halved as a share of the economy, and a bigger gap between north and south in our country. The OBR has confirmed that growth is now broadly based, and that manufacturing has grown 4.5 times faster than it did in the pre-crisis decade. In manufacturing areas like Dudley and the black country, the evidence is all around us.

It is clear that the Conservative party has a plan that is working. Thanks to this Government’s long-term economic plan, Britain is walking tall again. We have a growing economy, a record number of jobs and rising living standards. The deficit is down, and yesterday it was confirmed that our national debt is starting to fall as a share of the economy. However, the country now faces a critical choice. Do we return to the chaos of the past, or do we keep on working through the long-term economic plan that is delivering for this country? Let us back stability for households and businesses by committing ourselves to running a budget surplus and ensuring that our debt share continues to fall. Let us support job creators by backing business and skills that will create full employment, and by cancelling the planned rise in fuel duty that is as much a tax on industry as a tax on households. Let us choose the whole nation by investing in a truly national recovery, so that areas such as Dudley and the black country do not miss out.

Tim Yorke, finance director of Ultra Furniture, one of the largest private sector manufacturing employers in Dudley South—whom I have had the pleasure of visiting— told Dudley News yesterday:

“The announcements about minimum wage and apprenticeships were welcome, as are the opportunities to give people more disposable income through increased personal allowances and more opportunities to buy homes through the help to buy ISA.”

This is a positive Budget, and much progress has been made in five years. The simple choice that voters will face on 7 May is between the chaos of Labour, propped up by the Scottish National party, and the Conservatives—including Mike Wood in Dudley South—with their long-term economic plan, which is working. Let us stay the course.

Amendment of the Law

Chris Kelly Excerpts

Thursday 20th March 2014 Commons Chamber

[Vince Cable]

The element that relates to the European emissions trading scheme has already been paid. The companies have already received the cheque. The sums are not large because the ETS scheme proved to be pretty ineffective, but none the less the compensation is being paid and it is now being extended to a wider range of costs. [Interruption.] The hon. Gentleman seems to be indignant, but I think he should talk to his local manufacturers who have expressed full satisfaction with what we are doing.

[Chris Kelly (Dudley South) (Con)]

The Secretary of State is talking about energy-intensive industry and there is still a great deal of that in my constituency. Does he agree we do not want these industries going offshore where environmental legislation may not be as stringently enforced as it is in the UK? We need to keep those industries here in the UK, and yesterday’s Budget helps us to achieve that. [Interruption.]

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. Before the Secretary of State answers the intervention, I should say that there are far too many conversations on the Back Benches. The House is getting restless. If the House does not calm down and let the Secretary of State get on with it, he will never come to the end of his speech.

--- Later in debate ---

[Chris Kelly (Dudley South) (Con)]

I welcome the Budget statement. It is a Budget that will help us build a resilient economy and it is part of the Government’s long-term economic plan to put this country back on the path to sustained growth, a path that was deviated from by the Labour party with the debt-fuelled politics of the final decade of its time in office.

I commend my right hon. Friend the Chancellor who, since coming to office, has been proved right on all the big calls of the past four years. He correctly identified the problems and was right to set out a clear plan to address and then overcome them and equally right continually to stress that there was no alternative to plan A if Britain were to turn the corner. The deficit is down by a third, and in the coming year it will be down by a half. But it is still one of the highest in the world, so the Government are right to be taking action to bring it down further.

I will now deal with some of the detail of the Budget, but in the light of the number of Members who wish to speak, I will limit my remarks to three or four main areas. First, this was a Budget for savers. Social media has been awash with the hashtag #savingsupported, and with good reason. The reforms to individual savings accounts and raising the limit to £15,000 could benefit up to 513,000 ISA holders in the west midlands alone. Cutting the savings income tax to zero on up to £5,000 could benefit up to 131,000 savers in my region.

The Budget will help more of my constituents to save for a home, save for their retirement and save for their family. I welcome the additional support for savers, so that more people can provide a secure future for themselves and their families. Although we are getting on top of our debts as a nation, for many decades Britain has borrowed too much and saved too little. It is therefore right that hard-working people keep more of what they earn, and of what they save. Support for savers is, rightly, at the centre of the Budget.

The personal tax changes will also be widely welcomed in my area. The increase in the personal allowance in 2015-16 will lift 27,000 people out of income tax altogether, and 2,120,000 people will see an average real terms gain of £62. Again, these are west midlands numbers and the national figures are, of course, even more impressive.

The next area I want to deal with, after help for savers and cutting taxes, is the welcome news on pension flexibility, particularly with the fundamental reform of the taxation of defined contribution pensions. As the hon. Member for Somerton and Frome (Mr Heath) has just said, from April 2015, the Government will legislate to remove all remaining tax restrictions on how to access defined contribution pension pots, which means that no one will have buy an annuity if they do not want to. Those who still want the certainty of an annuity, as many will, will be able to shop around for the best deal. There will be no punitive 55% tax rate for those who take more than their tax-free lump sum. It will still be possible to take 25% of the pension pot tax free on retirement, but what is taken above the tax-free lump sum will be taxed at normal marginal rates, not 55%, as at the moment. We will have a new guarantee, enforced in law, that everyone who retires on a DC scheme will be offered free, impartial, face-to-face advice. As economist Ros Altmann summarised:

“No more annuity will be required. No 55% tax charge, only marginal rates. Everyone will get access to face-to-face advice to make the right choice for themselves and their family.”

As the Secretary of State for Business, Innovation and Skills said earlier, we now know that manufacturing halved under Labour, with all bets effectively being on the City of London, and look where that got us. Now manufacturing is growing again, and jobs are being created in Dudley and the black country, and across the country. Week in, week out, I visit businesses, often in manufacturing or engineering, or connected to those industries, and the optimism I am finding is reflected in the figures, with 1.7 million new private sector jobs having been created since May 2010. Investment and exports are also up. But we have 20 years of catching up to do, so the Government are right to be backing businesses that invest and export. With the help of the British people, the Government are turning the economy around. The reward is economic security for the families of Britain. The Budget is part of the long-term economic plan—a plan that is delivering economic security for families in my constituency and throughout the country.

Oral Answers to Questions

Chris Kelly Excerpts

Tuesday 28th January 2014 Commons Chamber

[Mr Osborne]

The FCA is looking at the whole issue of swaps and how they were sold to small businesses, and clearly, considerable sums of compensation are going to be paid. I will look at the specific point that the hon. Lady makes. If she believes that there is a group that are not currently included that should be included in that work, I will take a close look at it personally and get back to her.

[Chris Kelly (Dudley South) (Con)]

T6. Last week, we saw the sharpest quarterly increase in the number of people in work since records began. Does my right hon. Friend agree that that is more evidence that the Government should stick with their long-term economic plan to reduce the deficit and create more jobs, which is already providing a record number of people with the stability and security of a regular pay packet from firms such as Steelco in Dudley, which I visited last week?

[Mr Osborne]

I know from visits with my hon. Friend to the manufacturing businesses of Dudley that he is a powerful supporter of their interests in growing those businesses and taking on more people. Unemployment in Dudley has fallen by 19 % since he started to represent that town. I welcome his support. Together let us make sure that we have a business-led recovery and a recovery in the west midlands and that we reject the anti-business approach of the Labour party.

Consumer Rights Bill

Chris Kelly Excerpts

Tuesday 28th January 2014 Commons Chamber

[Stella Creasy]

The hon. Gentleman is absolutely right, and if the Bill met the test of providing the best consumer rights framework that this country can have, such scams would be addressed. Again, we find the Bill wanting on that point, and we will look to address such challenges in Committee.

[Chris Kelly (Dudley South) (Con)]

Does the hon. Lady agree that Members should encourage their constituents simply to use the Government’s own website at gov.uk, and not to google other alternatives that can lead to scam sites?

[Stella Creasy]

The hon. Gentleman’s question reveals one challenge that we face. I would love to sit at a computer with him, google those websites and see whether he could tell the difference. Making that difficult is one thing that the companies in question do. It is fair to ask how we can empower consumers, but it is also fair to ask what we can do to ensure that someone knows precisely what they are buying. That does not need to be an unreasonable requirement on terms and conditions, but the Bill does not address that challenge.

The Bill also fails to address the problem of people paying for services that they cannot get the details of. I beg the House’s indulgence to mention a second case in my constituency. At present, 4,500 leaseholders in Walthamstow have buildings insurance via their leases, on top of which they pay a premium for terrorism cover. According to the freehold manager, that is on the basis that the plane bomber lived in my constituency. Indeed, the freehold manager has sent me newspaper coverage to justify that additional charge of £80 a household to leaseholders in my community on top of their buildings insurance. Yet my constituents cannot get the details of the policy that they are paying for, because the insurer claims that its deal is with the freehold manager, not with the leaseholders. It seems that they cannot test in a tribunal whether the charge is fair, and consequently whether they can challenge it.

If the Secretary of State will not listen to my cases as arguments for why pricing and contract information need to be addressed, perhaps he will listen to the many other Members who have raised similar issues about contract terms and who is selling goods. In particular, there is the question of secondary ticketing sales, which my hon. Friends the Members for Washington and Sunderland West (Mrs Hodgson) and forEltham (Clive Efford) and the hon. Member for Hove (Mike Weatherley) have raised repeatedly.

We know that it is vital that there is a marketplace for the reselling of unwanted or unneeded tickets for events, because there is little scope for refunds or returns in that sector. However, there is also widespread abuse in the sector, because online touts can buy up tickets en masse to resell once an event has sold out. Indeed, Ticketmaster USA has estimated that for some high-profile events, up to 60% of available tickets can be taken in that way. Consumers who are unable to buy tickets on the first release must then pay over the odds to buy them from sites such as eBay or viagogo.

The secondary ticket market in this country thrives on a lack of clarity about who is selling a ticket and what right they have to do so, and it is estimated to be worth £1 billion a year. That is why I am surprised that the Secretary of State, as the Member for Twickenham, is not seeking to use the Bill to protect rugby fans in the run-up to the forthcoming world cup.

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[George Freeman]

My hon. Friend, as ever, makes an extremely interesting and shrewd observation. The truth at the heart of public services is that the taxpayers provide the money and the Government, as best they can, the service. In that loop, something is lost: a direct connection between the recipient of the public service and the point of payment. Most of the recipients of public services have, of course, already paid for them through their taxes, but the sacred moment of the empowerment of the consumer gets lost in a complex chain of public service delivery. She makes the point that we need to look across our public services at how we can restore that moment. I would like more parents and pupils in schools to feel that the choice they make—choosing which school to send their child to—is a choice that the system respects. I wholly welcome the reforms that the Secretary of State for Education is putting in place to that end.

I want to mention health care, in particular, as we are seeing an extraordinary change in modern health care. I do not think it is too profound or bold to claim that health care is going from something that traditionally, in the 20th century, was done to us by Governments when they decided we needed it, to being something that modern consumer health care citizens do for ourselves. We are seeing across the NHS much greater patient demand for information, transparency and choice. We are seeing click health care and modern patients wanting to be able to access information and be empowered. That is all to the good if we want a new generation of citizens empowered to understand what causes disease—how lifestyle, diet and even genomics affect one’s predisposition to disease. We want to empower consumer citizens to prevent disease. We will not do that without empowering them to make choices and receive information. That is why I have a ten-minute rule Bill on the very subject of releasing patient data to patients within the framework of acknowledging that it is their data—our data. By giving patients back their data, we empower them to use them better for public health care.

[Chris Kelly]

My hon. Friend talks about empowering health consumers to gain greater transparency. Does he welcome the improvements in the past several years to the nhs.uk website, which now provides a great deal of very useful information on all manner of health issues to our constituents?

[George Freeman]

Yes, I do. My hon. Friend makes an excellent point and I think this is a subject that we will debate more in the House. I am struck that some in the media are beginning to suggest that it is dangerous to release health care data because it challenges how health care is delivered and will create all sorts of unfortunate misunderstandings. It seems to me that those are prices worth paying to drive the revolution of transparency and accountability that the Government’s reforms are beginning to deliver with such benefit. We have seen in health care in the past two or three years a very difficult, at times, but powerful transparency revolution in which failings in the system have been exposed and those responsible for them held to account on behalf of the patients who ultimately paid for the service and have the right to expect that that service is delivered. That genie is out of the bottle and it is not in anyone’s interest to try to put it back. In fact, quite the opposite: at the heart of modern democracy and a modern economy, the notion of empowered citizens who are able to exercise choice in their supply chain—in public services, every bit as much as in private commerce—is an important idea that, although I appreciate the limits of the Bill, we ought to embrace in the rest of this Parliament and the next.

On supply chains, globalisation and technological change mean that in all sorts of sectors many of the goods, services, products, medicines and foods we buy have global supply chains. That globalisation and the extending of the distance of supply chains removes the consumer in many cases from the point of origin of the goods they are buying. In some areas, consumers do not appear to care very much, but in some, such as food, consumers are passionately interested in the source. We saw that most recently illustrated with the horsemeat scandal. Something interesting is going on: globalisation and technology are extending supply chains, but technology is also requiring, allowing and encouraging people to take more interest in the source of the products they buy. That creates a huge challenge. Many of the goods we buy digitally come from global websites that could be pulled down at the flick of a switch, destroying transparency. I welcome the measures to introduce transparency and accountability to the digital marketplace.

I note that the Secretary of State has, I am sure briefly, left his place, but I know that he has a strong interest in the role of supply chains in industrial policy. The turnaround in the British automotive sector has come about principally through important strategic work on how the UK’s strength in components, down at the bottom of the supply chain, can be better integrated through a policy for skills with the manufacturers at the top.

[Chris Kelly]

Will my hon. Friend join me in welcoming the many examples in the west midlands of reshoring, including in the automotive sector, where businesses are coming back to the UK for processes that they took away from the UK over the past 10 or 20 years?

[George Freeman]

My hon. Friend makes another excellent point. In fact, no industry is more symptomatic of the post-war British economy, culminating in the crisis of productivity in ’79 and the collapse of that model of growth under, it gives me no pleasure to say, a Labour Government, than the British automotive sector and its restoration over recent years—longer than just the past two or three years, I would grant; over the past 10 years—so that Britain is now a net exporter of vehicles. That has been brought about through a combination of enlightened supply chain work, fostering and supporting the UK’s extraordinarily strong world-class components sector with the bigger manufacturers at the top.

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[Sheila Gilmore (Edinburgh East) (Lab)]

The hon. Member for South Thanet (Laura Sandys) said that she had previously worked for the Consumers Association. Earlier in my career I worked for the Scottish Consumer Council. It is important to recognise that Governments of all colours have wanted to strengthen in various ways the rights of consumers. The National Consumer Council and its Scottish and Welsh equivalents were set up by the Labour Government of the 1970s, so everyone has aspired to putting the consumer at the heart of things. The problem sometimes is how to make that a reality for those consumers. How can we ensure that people understand how to use the rights that they are given?

People often encounter the greatest difficulty when dealing with smaller retailers, because in larger companies staff are generally better trained and so better able to respond. Indeed, some larger retailers would rather allow the consumer to go away happy, even if that means going beyond the basic statutory minimum. Many smaller retailers, however, either seem unaware of what the law states or deliberately obfuscate when a consumer complains. They say, “You have to go to the manufacturer for that,” even though that has not been the case for many years.

Citizens Advice has suggested amending the Bill—perhaps the Minister will consider this—to make it a requirement that information on consumer rights is provided at the point of sale. It has made some suggestions on how such information could be presented, because it is aware that it could be quite difficult to convey simply. I think that that information, whether it is on a notice in the shop or on the till receipt, would be helpful, as consumers would be clear about what to do if something goes wrong.

Another relatively minor amendment that Citizens Advice proposes is including a time limit for repairs and replacements. I remember what things used to be like, when I had to try to explain to people what was going on with repairs, when they could get a refund and whether accepting a repair put them in a difficult position. The simplification is to be welcomed. However, the question remains whether there should be a limit on the time a company can take to repair and return a product. Citizens Advice suggests a 30-day limit. I would like to know whether the Minister will consider such a change.

Services have always been more difficult to regulate than goods—when we buy an object, it is much clearer what we are buying. The relevant legal wording, which effectively requires one to make a judgment on whether reasonable care and skill has been used in the performance of the service, has always been quite difficult. It is good to have that made explicit, rather than implicit. It is not an implied term; it is to be taken as an expressed term in the provision of services. However, that still leaves open the question of precisely what that means. Could it be measured in some way?

I was interested to hear what the Chair of the Business, Innovation and Skills Committee, my hon. Friend the Member for West Bromwich West (Mr Bailey), had to say on that and about the Committee’s recommendation. I hope that it can be explored more fully to see whether other measures could be used, at least in relation to some services, to give a clearer and more explicit measure of whether a service has been performed in the way it should have been, rather than having to rely on a debate on what is a reasonable level of skill.

Ultimately, we must also look at how people exercise their rights. Ideally, they should be able to exercise them face to face with the person providing the service or selling the goods. Things should be sufficiently clear that the consumer can go back, exercise their rights and get a good response, but we know that that does not always happen. We must therefore look at the means by which people can get redress.

Citizens Advice also wants the Government to consider the question of collective redress in relation to competition cases—if there is a particular kind of mis-selling or product or service failure—that affect not just individuals, but people in particular localities or up and down the country, and on which a collective response is available, because there is strength in numbers.

Although allowing an individual consumer to have all their rights and choices is clearly important, they are sometimes a small cog in the wheel, and it can be very difficult for them to push a case. Many people simply give up, because it is not worth the effort: if they are rebuffed at first, they will not necessarily pursue their case further, because they do not know how to do so or find the whole process so difficult.

Even for people who contemplate going to court, the process can be quite expensive. Other hon. Members have spoken about the difficulty of getting legal aid to go to court or even for legal advice. A court fee can be a considerable block to people’s ability to exercise their right. For example, in Scotland, an action for a small claim can be made for something worth more than £200, which is not a huge amount in relation to various consumer purchases, but it costs £71, which is quite a lot for someone to risk if they feel that they might not win the case. We therefore have to consider the whole idea of redress.

When I was involved with the Scottish Consumer Council, we did much work on developing proper small claims courts to which people could easily go, be represented and get a lot of help. There is still merit in trying to develop such an approach, rather than people feeling that their case cannot be taken forward. That is where the collective becomes important. For one individual, the cost and effort of pursuing a case will be great. As my hon. Friend the Member for Inverclyde (Mr McKenzie) said, even in relation to what seem very small amounts—less than a fiver—such amounts add up and, collectively, it should be possible to put such cases together.

I share the concern expressed by my hon. Friend the Member for Walthamstow (Stella Creasy) that no one wants a book of law of huge size, as was suggested by the hon. Member for Eastleigh (Mike Thornton), but this is an opportunity to legislate on some of the issues that hon. Members raise time and again because of their constituents’ experiences. Various people are campaigning on many of the issues, because they understand the detriment that people are suffering. This seems to be an opportunity to legislate, and it is sometimes important to legislate. Rather than end up with smaller pieces of legislation in future, which would recreate the difficulty that we now have in consumer legislation, we could take the opportunity of having this Bill to consider some of the issues.

My geographical, if not adjacent neighbour or political colleague, the hon. Member for Edinburgh West (Mike Crockart), has pursued the issue of nuisance calls. With other hon. Members, he has made some progress in highlighting that important subject. Nuisance calls are an irritant to those of us who thought that we were on the Telephone Preference Service, but still get calls that we are told are for research or some other spurious reason, or calls where only one in 20 people who have been rung is spoken to when they answer.

That is an irritant for those of us who cope with that sort of thing very or reasonably well, but it can be worse than an irritant for others. My father, who is now in his 90s, has got to the stage where he hardly ever answers the phone, which is not particularly practical. He certainly will not answer the phone if it is an unknown number. As Members will know, if somebody phones from an institution, such as this place, it comes up as an unknown number. He is not only exasperated by such phone calls, but anxious about answering the phone. It is highly harmful that nuisance calls are being made and it is important that we legislate to deal with them.

[Chris Kelly]

Has the hon. Lady found, as I have, that this matter is of particular concern to our older constituents because they tend to rely more on landlines than any other age group? Many young people do not have a landline or have one only for broadband services and use their mobile phone for incoming calls. They are therefore not affected in the same way as many older people.

[Sheila Gilmore]

That is correct. I suspect that that may be a reason why older people get so many nuisance calls.

A related concern, particularly for less well-off consumers, is the phone numbers that are used. When I tried to pay my electricity bill by calling from my mobile phone, because that was the most convenient way for me to call, there was a message to say that I would be charged if I called that kind of number. I put the phone down and made a mental note to call from a landline. That probably led to a delay in the bill being paid. However, some people would find it very difficult to call from a landline and so would be charged a premium.

Government Departments are not immune from the problem of premium rate numbers. It is a major issue for many people that the Department for Work and Pensions still uses numbers that cost them a lot of money when they phone in for information, to report changes in circumstances or to change an appointment because they cannot attend. We need to look at that problem. People should not be charged—sometimes they do not even realise that they are being charged—to engage with a private firm that is selling them goods or services, or with a public agency.

I hope that the Bill has room to cover the problem that less well-off consumers and older consumers often pay more for their utilities than the rest of us, which the hon. Member for Harlow (Robert Halfon) and I have raised. I think that he was planning to seek a debate on that issue at the Backbench Business Committee this afternoon, because he has approached various Members for support. It is one thing for companies to say that direct debits are so much more convenient and cheaper to process than other forms of payment that they will give direct debit consumers a discount and everybody else will pay a standard charge, but companies have gone beyond that and are making other customers pay an additional charge. Not only energy companies but organisations such as BT are charging people a £6 fee to pay via PayPoint.

The constituent who brought that issue to my attention did so on behalf of her elderly uncle, who was insistent that he wanted to pay in that way. He had always managed his finances in cash and was going to go on doing so. He could no longer use certain methods that he had used before and the only way in which he could pay by cash was to use PayPoint. It is not only people on low incomes who are affected, but such people are more likely to use the cash economy and can be wary of banks.

I was talking recently to one of the housing associations that took part in the pilots set up by the Department for Work and Pensions for the direct payment of housing benefit. The DWP would like people to get bank accounts and pay by direct debit, and that would certainly help housing associations as well, because it would help people to be responsible for their own payments. The problem that the housing association found was that a lot of its tenants were not comfortable with doing that, either because they had had bad experiences of being charged because their direct debit went out at the wrong time of the month or because they knew people who had. They preferred to pay when they wanted to pay, preferably in cash or through some other payment mechanism. They were not keen on banks and direct debits, even if they could get a bank account, which still not everybody can. We must think about the aspects of the system that harm the least well-off consumers as well as competent and able consumers. It would be helpful if room could be found in the Bill for some of those issues.

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[Chris Kelly (Dudley South) (Con)]

I support the Bill, because it must be right to simplify a complex area of law by reducing eight pieces of legislation to one consumer Bill that is easy to understand. I wish to concentrate particularly on two matters: the help that the Bill contains for digital consumers, who are a fast-growing part of the economy, and the reforms to trading standards, which will support small businesses as they seek to compete with bigger rivals and bring vital competition on price and usually also on service.

The hon. Member for Edinburgh East (Sheila Gilmore) stated that customer service is sometimes better in larger organisations, because they have departments purely to deal with customer complaints and customer service issues. In my experience, many nimble small and medium-sized enterprises in my constituency offer excellent customer service and are doing a great job of taking on their larger rivals.

At the core of the Bill is the principle that people have a right to get what they pay for. In 2012, UK consumers spent more than £1 billion on downloaded films, music and games. I confess that, as you would expect, Mr Deputy Speaker, I was one of those consumers. Until now, the law has lagged behind in protecting consumers who do not get what they pay for or who receive poor-quality content. Apple’s iTunes service is dominant, and I am sure that its customers nearly always get what they have paid for to the correct standard. However, there are new entrants to the market all the time, seeking to take some of Apple’s market share, that may not provide a proper service or genuine content. Consumers in my constituency deserve protection from shoddy or spurious content providers, and the Bill certainly goes a long way towards protecting their hard-earned money when they make online purchases.

In 2011, a staggering 16 million people experienced at least one problem with their digital content, as my hon. Friend the Member for Stockton South (James Wharton) mentioned. I imagine that many Members consider themselves digitally savvy, but it is easy to get caught out by an attractive price proposition online. I believe that my constituents deserve protection from rogue businesses supplying poor-quality, corrupted or inferior downloads. More and more people will download content on mobile and smartphone devices, where sometimes the telltale signs of a rogue or spurious site are much harder to spot.

As more “silver surfers” go online, perhaps without the experience of having operated online for some time already, they may be unsure of the difference between http and https, for example, or less able to spot a problem site or the telltale signs of a spurious site, before using it and entering their card details. I believe that the Bill is welcome in helping to correct such problems, and it is a correct use of the House’s time today.

I know my hon. Friends on the Treasury Bench are determined to help small and medium-sized businesses by reducing unnecessary red tape and regulation, and the Bill helps to deliver that aim. Enforcers such as trading standards officers will be required to give 48 hours’ notice to businesses when carrying out routine inspections, saving businesses an estimated £4.1 million per year—a welcome saving. Trading standards officers will still be able to carry out unannounced inspections where illegal activity is suspected. Therefore, the new start-up businesses in my constituency, and all the growing SMEs in the black country, can go about serving their customers to the best of their ability and introducing innovative new products and services, without the worry of unexpected, unannounced and unnecessary inspections by trading standards. There is something to fear only when there is something to hide. We need trading standards to work closely and fruitfully with our small businesses, and the proposals in the Bill will help businesses on the smaller end of the scale to get on with serving and innovating.

I welcome the Bill’s Second Reading and the prospect of my constituents having their key consumer rights for goods, services and—for the first time—digital content set out in one place. As my hon. Friend the Member for Mid Norfolk (George Freeman) said, there is a 59 million man-hour saving to be addressed, as that is the amount of time consumers spend dealing with goods and services problems, at an estimated cost of £3 billion a year. The Bill will go some considerable way to saving many millions of those hours and many hundreds of millions of those hard-earned pounds.

The Economy

Chris Kelly Excerpts

Tuesday 11th December 2012 Commons Chamber

[Chris Kelly (Dudley South) (Con)]

Thank you, Mr Deputy Speaker, for calling me to speak in this important debate, not least because I was otherwise due to serve on a Public Bill Committee. I draw the House’s attention to my declaration in the Register of Members’ Financial Interests.

I will restrict my remarks to how I see the autumn statement benefiting and assisting the economy in my own region. Many businesses across the west midlands are set to benefit from the plans laid out by my right hon. Friend the Chancellor last week. The 368,000 small businesses in the region, including many in my own black country constituency, will benefit from the business bank, which brings together existing Government finance plans and uses £1 billion to stimulate the market for long-term capital. The decision to increase the annual investment allowance limit from £25,000 to £250,000 for two years, in addition to an extra £25 million per year for UK Trade and Investment’s assistance and guidance on exports, will be of great help to an area such as mine, which is crammed with small and medium-sized engineering and manufacturing firms. In addition, the scrapping of the 3p rise in fuel duty, which means that fuel prices will be 10p lower than they would have been under the plans of the Labour party, will help ease the strain of transport costs for small and medium-sized enterprises.

My right hon. Friend the Chancellor has demonstrated once again that Britain is open for business. The reduction in corporation tax to 21% from April 2014 means that the UK will have the lowest corporation tax in the G7. It is worth noting that the total amount raised in corporation tax for the year 2011-12 was £43.4 billion—20% higher than it was for Labour’s last year in office. Lower corporation tax is working. It is resulting in the higher yields that the Treasury needs, while also contributing to increased private sector investment and employment.

Prior to the autumn statement, the black country chamber of commerce, which has many members in my constituency, called for my right hon. Friend the Chancellor to support a pro-business environment. In response to the measures announced by my right hon. Friend, the chamber’s president, Paul Bennett, welcomed his actions to get British business growing:

“The Chancellor’s Statement was encouraging for businesses and many of our members concerns seem to have been addressed”.

Meanwhile, Mark Hastings, the director general of the Institute for Family Business, described several of the measures as “encouraging”. This qualified support reflects the attitudes of many of the business people whom I have spoken to recently in my own constituency—they recognise that this Government are on their side—and of those in the family business sector, in which I am involved as the founder and chairman of the all-party group on family business.

It is pleasing to see the Chancellor building on this Government’s support for British businesses. Last year, we saw an increase of 250,000 in the number of private businesses, which included 226,000 new small businesses, a good proportion of which were in the west midlands. It is obvious, but still worth pointing out, that every successful large employer in the private sector started off as a small start-up. Even JCB, which was started by the inspirational J.C. Bamford and which I have had the privilege of visiting in Rocester, was once a small enterprise in a small shed. I refer the House to my declaration in the register relating to the last election.

This Government are cutting red tape and making it easier for budding entrepreneurs in this country to set up their own businesses, and that is clearly being borne out by the figures. All of that is in marked contrast to the previous Labour Administration, who introduced the equivalent of six new regulations for every single working day they were in power. It is estimated by the British Chambers of Commerce that those new regulations have cost British businesses almost £77 billion since 1998.

Last week, the Chancellor announced further support for local enterprise partnerships, which the Government created. That is the right approach because it promotes local growth by ensuring that Government spending is aligned with the priorities of local business communities. We have an excellent LEP in the black country, which is ably chaired by the no-nonsense Stewart Towe of Hadley Industries. I am confident that the Government’s approach will help to create the conditions that will enable the private sector to get on with creating more jobs in the black country.

The Government are continuing to demonstrate that they are not afraid to take tough decisions in the face of tough economic times. A clear message is being sent out that Britain is open for business and that Britain has a pro-business Government.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Before I call the new Member for Rotherham, I remind everybody that this is a maiden speech.

Multiannual Financial Framework

Chris Kelly Excerpts

Wednesday 31st October 2012 Commons Chamber

[Mr William Cash (Stone) (Con)]

The Labour party—the Opposition—will of course vote with us this evening, not the other way round. As the hon. Member for Bolsover (Mr Skinner) correctly pointed out, exactly the same happened with the Maastricht treaty.

The amendment spoken to so ably by my hon. Friend the Member for Rochester and Strood (Mark Reckless) is absolutely right. It deals not just with the mechanics or the technicalities, but with what is really going on under the surface. The real questions are, “Where is the money coming from?” and “What is the object of this multiannual financial framework?”

I have been to many conferences in the past year in my capacity as Chairman of the European Scrutiny Committee—in Cyprus and Denmark, and, before that, elsewhere—and I have attended similar conferences with my right hon. Friend the Member for Aylesbury (Mr Lidington). They are living on another planet: that is the real problem. The main feature of that big landscape is where we are today. This is part of a picture that must be dealt with.

I know that my right hon. Friend the Prime Minister is conscious of that. He knows that Mr Barroso’s speech calling for a federal Europe, which was made only a short time ago, has put us at a crossroads. We cannot continue to assume that what was being considered before that date still applies. We are now on a different journey. They are on one planet, and we are on another. We have to make a stand, and that is what this is all about.

A letter dated 18 December 2011 from the Prime Minister and from the Prime Ministers of several other member states, included the following passage:

“European public spending cannot be exempt from the considerable efforts made by the Member States to bring their public spending under control.”

We are cutting here; we need growth. They are not cutting, but increasing. That is the point.

[Chris Kelly (Dudley South) (Con)]

I know that my hon. Friend has a great deal of empathy with the private sector. The private sector is the engine of growth in our economy and it becomes more efficient every year, but does my hon. Friend agree that in Brussels the only thing that increases is the appetite for our money?

[Mr Cash]

Absolutely. It is impossible to make any public expenditure—including our contributions to the whole of the public sector: health, education, local government, the lot—unless the money comes from reasonably taxed small and medium-sized enterprises. Yet the whole of the Commission’s paper—which is at the heart of the 2020 strategy and at the heart of why the Commission is asking for this increased amount of money, which it calls an investment for growth—contains only one reference to small and medium-sized businesses, in one line. That is the problem we are up against. We cannot give money to the public sector unless we get it from private enterprise on a reasonably taxed basis.

The Prime Minister’s letter continues:

“The action taken in 2011 to curb”—

“curb”: that is the word he uses—

“annual growth in European payment appropriations should therefore be stepped up progressively over the remaining years of this financial perspective and payment appropriations should increase, at most, by no more than inflation over the next financial perspectives.”

The situation was wrong then, and it has got worse since. That was in December 2011. We are now in October 2012, and we know what the picture is, and it is getting progressively worse. That is why we had to call for a reduction rather than merely what the Prime Minister describes as an

“increase, at most, by no more than inflation over the next financial perspectives.”

Amendment of the Law

Chris Kelly Excerpts

Monday 26th March 2012 Commons Chamber

[Chris Kelly (Dudley South) (Con)]

Thank you, Mr Deputy Speaker, for calling me to speak in this important Budget debate. It is a pleasure to follow the hon. Member for Coventry South (Mr Cunningham), a fellow west midlands Member. Before I begin my remarks, I wish to draw the House’s attention to my declaration in the Register of Members’ Financial Interests, as I am a company director.

I broadly welcome this radical, reforming Budget. We are fortunate to have a Chancellor of the Exchequer and a Treasury team who have been able, over the past two years, to steady the markets and instil a sense of confidence once again in Britain’s ability to earn its way in this globalised world and to repay its debts. My right hon. Friend the Chancellor’s emergency Budget in June 2010 was crucial in signalling to the international markets that the British Government were serious about addressing our structural deficit and debt situation. His Budgets in June 2010 and March 2011 have played a significant part in the crucial task of ensuring that Britain will not be weighed down by crippling rates of interest and spiralling costs for servicing our debts; we have shown that Britain is able to reform its economy, earn its way out of recession and pay off its debts.

Last week, my right hon. Friend reaffirmed his unwavering commitment to dealing with the debts Labour left behind and that mean that we spend over £120 million every day on debt interest. He is rightly sticking to the plan. Our country’s credibility is helping to keep interest rates low for households and businesses in my constituency and around the country. If we listened to Labour’s calls for more spending, more borrowing and more debt, we would risk a sudden loss of confidence and a sharp rise in interest rates.

One of the most important things that this Budget has done is to provide even greater support for working families on middle and lower incomes. I welcome the largest ever increase in the personal allowance, which will provide a tax cut of up to £220 for 24 million income taxpayers, from next year. Taken with previous increases, this means that the coalition Government will have taken 2 million of the lowest paid out of tax altogether, and basic rate taxpayers will be up to £526 better off. Thousands of families in Dudley South will keep more of their income in their own pockets to spend on their own priorities for their own families. I am pleased that the Chancellor has listened and decisively dealt with the cliff-edge issue in relation to the payment of child benefit while ensuring that 90% of families will still be eligible for the benefit, again helping working families in my constituency.

On more than one occasion, I have taken my right hon. Friend to visit manufacturing and engineering businesses in Dudley South. I know that he has taken a great deal of time to visit businesses the length and breadth of this country to listen to their concerns and to see at first hand some of the innovation and creativity that is happening every day in the UK economy. So I am pleased that this Budget has unashamedly backed business, large and small.

The Government are right to be simplifying small business taxes and to have cut corporation tax again. This means that we are on our way to a 22% corporation tax rate, which will be one of the lowest in the world. There is a great big “Open for business” sign now hanging over the UK. As founder chairman of the all-party parliamentary group on family business, I know that that support will be widely welcomed in the family business sector, which is responsible for employing four in every 10 people working in the private sector, representing 9.5 million jobs throughout the UK and almost a quarter of our gross domestic product.

We cannot spend what we have not earned, and this Budget will help Britain to earn its way out of the disastrous financial situation that we inherited from the last Labour Government. The Chancellor has had to make many difficult choices, including on personal allowances for pensioners, but this is a radical, reforming Budget that will help Britain to earn its way in the world. It is a Budget that rewards work, backs businesses and puts Government Members firmly on the side of those who aspire to do better for themselves and their families.

Summer Adjournment

Chris Kelly Excerpts

Tuesday 19th July 2011 Commons Chamber

[Chris Kelly (Dudley South) (Con)]

Thank you, Mr Deputy Speaker, for calling me to speak in this pre-recess Adjournment debate. We have a problem in Dudley borough: the number of roaming horses that residents have to put up with, particularly in the Brierley Hill, Brockmore and Pensnett, and Wordsley wards in my constituency. The problem of roaming horses is now so widespread that residents have set up an action group, Dudley Borough Against Roaming Horses, with nearly 600 people having signed up to the group’s Facebook page—not quite as many as the 1,500 members of my Facebook group.

The problem of roaming horses has been widely reported elsewhere in the country. Indeed, the Highways Agency reported in 2009 that more than 200 stray horses are removed from its roads across the country every year. It might be helpful to highlight the fact that the methods used to address the problem vary by type of land, depending on whether it is highway, public land or private property. Public authorities appear to interpret the rules differently, as do third-party organisations. I will concentrate on the actions of my local authority, Dudley metropolitan borough council, later in my remarks.

The Department for Environment, Food and Rural Affairs cites three pieces of legislation that can be used to remove roaming horses: the Animals Act 1971, the Highways Act 1980 and the Animal Welfare Act 2006. Other organisations advocate the use of other legislation or regulations to address the problem, including section 24 of the Town Police Clauses Act 1847.

Having researched the problem on behalf of my residents, it quickly became clear to me that different councils appear to be deploying different legal approaches. For example, Cardiff council has used antisocial behaviour orders to punish the owners of stray horses, and my own local authority has used section 24 of the 1847 Act, which states that officers are permitted to seize cattle, including horses, found on the highways. I commend Dudley metropolitan borough council for the innovative way it is trying to tackle this costly and worrying problem. I support the council, West Midlands police and the Highways Agency in using any of the methods at their disposal to protect the taxpayers of my borough and safeguard the welfare of these poor creatures, which is an issue I will return to.

There is a long tradition of horse ownership in the black country, and there are many responsible owners who legitimately graze animals and whose horses are legally insured, passported and chipped. There is also a long history of less responsible horse owners, who often tether their horses on council land so as to avoid grazing charges and food costs. Their horses are normally secured with chains and moved from site to site to feed, which is known as “fly-grazing”. I do not think that any of the owners of these tethered horses in my constituency have received or read DEFRA’s code on tethering, which has been available on its website since March.

The amount of grazing land in the borough is limited, and I am told that the council’s current waiting list exceeds 200, with little likelihood of many on the list ever obtaining grazing space. The council does have the opportunity to develop more grazing fields, but horses can be powerful animals and there would need to be significant investment in new fencing and infrastructure to release the fields for use.

The problem of stray horses and illegal grazing has been a long-standing problem in the borough. In the latter part of 2010 and early 2011 the number of stray and illegally grazing horses reported to the council increased, which in turn raised considerable concern within local communities. The cause of the problem was irresponsible horse owners abandoning their horses on open land with no regard to the potential danger to their animals or the public. Inevitably, these animals strayed while looking for food and water and got on to the local road network, causing significant upheaval.

Today I call for clear guidance to be placed on the LocalGov.co.uk website, based on best practice from across the country on how to tackle the issue, and for advice to be placed on Direct.gov.uk to advise people in my borough and across the country.

Oral Answers to Questions

Chris Kelly Excerpts

Tuesday 10th May 2011 Commons Chamber

[Mr Gauke]

My hon. Friend is absolutely right. Even now, our deficit is higher than Portugal’s and it is perfectly clear that we on the Government side are united and determined to bring that deficit down.

[Chris Kelly (Dudley South) (Con)]

T1. If he will make a statement on his departmental responsibilities.

[The Chancellor of the Exchequer (Mr George Osborne)]

The core purpose of the Treasury is to ensure the stability of the economy, to promote growth and employment, to reform banking and to clear up the mess in the public finances that we inherited so that Britain starts to live within her means.

[Chris Kelly]

The Chancellor will know that fraud and error have plagued the tax system since it was introduced. What measures is he taking to bear down on this and what financial impacts does he expect those measures to have?

[Mr Osborne]

I can today report to the House that in the past year Her Majesty’s Revenue and Customs has saved an additional £1 billion by tackling fraud and error in the tax credit system. For many years, the flaws in the shambolic administration of tax credits went completely ignored by the Labour party, causing misery for hundreds of thousands of families and costing the taxpayer billions of pounds, but we are now sorting out this mess.

Office of Tax Simplification

Chris Kelly Excerpts

Tuesday 20th July 2010 Commons Chamber

[Mr Gauke]

We will certainly encourage the OTS to take representations. Mr Whiting and Mr Jack are keen to do so and will be establishing consultative committees to provide organisations and businesses with an opportunity to have their say and more generally to engage with businesses. We believe that, in the tax area in particular, it is important that we engage with business. That has been a characteristic of this Government, and we hope to continue to do that.

[Chris Kelly (Dudley South) (Con)]

I welcome the Exchequer Secretary’s statement. Does he agree that tax simplification will lead to greater business confidence in small and medium-sized businesses, such as those in my constituency of Dudley South, which will lead to the confidence to make greater plans to create more jobs?

[Mr Gauke]

My hon. Friend is absolutely right. That is at the heart of what this is about. A strong tax system can encourage strong growth in the private sector, which can encourage the growth we need to tackle our deficit, and I hope that the OTS will make a useful contribution to that.