8 David Davis debates involving the Department for Education

Oral Answers to Questions

David Davis Excerpts
Monday 17th April 2023

(1 year ago)

Commons Chamber
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Gillian Keegan Portrait Gillian Keegan
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I pay tribute to all our dedicated teachers. All of us across the House will agree that we cannot have a world-class education system without world-class teachers, and I am committed to making sure that we recruit and retain the best teachers. Obviously, we have had intensive talks with the unions and we offered them a one-off payment of £1,000 and an average of 4.5% for the period from September 2023 to 2024, when inflation is expected to be way below 2%. It is really disappointing that they have rejected that offer. It is also disappointing that they claim that it was not fully funded or affordable to schools, because we have confirmed that it is, and the Institute for Fiscal Studies has confirmed that as well.

David Davis Portrait Mr David Davis (Haltemprice and Howden) (Con)
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T3. The Department for Education has announced that it intends to subsidise the so-called Oak National Academy by £43 million in the coming years, much to the dismay of some of the educational software sector. Did the Department carry out a full assessment of the impact of that subsidy on competition and innovation in the sector before it made the decision, and if it did so, will it publish that study?

Oral Answers to Questions

David Davis Excerpts
Monday 14th March 2022

(2 years, 1 month ago)

Commons Chamber
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Lindsay Hoyle Portrait Mr Speaker
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Including rugby league.

David Davis Portrait Mr David Davis (Haltemprice and Howden) (Con)
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Some of the most rapid progress in the world is being made by schools in all countries that use information technology and artificial intelligence to support classroom tuition. Is the Department investigating how we could use that?

Nadhim Zahawi Portrait Nadhim Zahawi
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I know that my right hon. Friend is passionate in this area. It is not about replacing great teachers; it is about enabling teachers to do their job in a much more efficient way. We are certainly looking at that; I will say more in the schools White Paper.

Higher Education (Freedom of Speech) Bill

David Davis Excerpts
Gavin Williamson Portrait Gavin Williamson
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I apologise for causing such offence to the right hon. Gentleman by referring to him as “the hon. Gentleman”. It was not right to ignore the fitting status that he holds in this House. I am sure he will not take too much offence by that. In terms of what we are tackling, we are talking about principles and the need for people to feel able to speak freely and challenge ideas. One of the great challenges we face on campuses up and down the country is that so many people are concerned they cannot speak out and give their views because they may be censured by those academic institutions.

David Davis Portrait Mr David Davis (Haltemprice and Howden) (Con)
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In response to the point made by the right hon. Member for North Durham (Mr Jones), had Darwin been suppressed, that would have affected 0.0001% of debates, but it would have changed the course of history.

Gavin Williamson Portrait Gavin Williamson
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My right hon. Friend is absolutely right. So much of the legislation that goes through this place is the nuts and bolts for things that the Government must do to ensure good government and the delivery of all the things that we wish to see. However, we must not be blind to the fact that this place is also about principle, and the principle of free speech needs to be defended. There are unfortunately too many instances where people feel as if they cannot speak as freely as they wish.

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David Davis Portrait Mr David Davis (Haltemprice and Howden) (Con)
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Before I turn to the substance of my speech, I want to take on a matter raised by the hon. Member for Stretford and Urmston (Kate Green). She was calling, “Where’s the data in this?” There has already been one set of answers with respect to the chilling effect, which we cannot measure, but the issue here is also quite important in terms of the importance of free speech.

I am a scientist by training. All the transformations in science—every single one—have been a challenge of an existing paradigm. They have often been opposed, often by the Church; we heard about Darwin, but there was Kepler and Copernicus and others at the same time. There have always been challenges to existing science. That has been a thousand times more important than anything we can measure, and we cannot judge it in advance. I just make that point about the importance of free speech. My right hon. Friend the Secretary of State said that free speech is a fundamental principle. That is why it is a fundamental principle and why we cannot simply go on a percentage here and a percentage there.

This country—this Parliament, in fact—has for over 300 years enshrined our right to free speech in law. The 1689 Bill of Rights became a symbol of hope for the rights of people everywhere. It is the most fundamental of freedoms, and it became a symbol everywhere. In 1948— we talk about holocaust deniers; that was the most sensitive time for these sorts of arguments—it was enshrined as article 19 of the universal declaration of human rights, which said:

“Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”

Today that right is under threat. I am amazed that the Labour party has not recognised that, but let us see how we get on. It is under threat in the very institutions where it should be most treasured—namely, our universities. I will return to some facts on the matter in a minute.

Freedom of speech only matters where it is controversial, when it is challenging. That is why the greatest characterisation of free speech is the one attributed to Voltaire, who said:

“I may detest what you say”—

I think that was the original phrasing—

“but I will fight to the death for your right to say it.”

I generally try not to detest or even dislike my political opponents, although there is one Labour Member who attacked J. K. Rowling in the most disgraceful terms. I would not for a second want to see him cancelled, but I want to see him here, debating the issue, because he would lose the debate. That is our protection in terms of free speech—not obliteration, but challenge.

Voltaire understood that creativity and progress in a society are dependent on acts of intellectual rebellion, dissent, disagreement and controversy, no matter how uncomfortable, but today the cancel culture movement thinks it is reasonable to obliterate the views of people it disagrees with, rather than to challenge them in open debate. The interesting element of the latter part of my career has been watching the change to this.

Social media has had an extraordinary impact. It has accelerated the growth of online lynch mobs, magnified their effect and facilitated their organisation. Today there is a terrible outbreak of intolerance in modern society: the so-called culture wars, which remind me of nothing so much as McCarthyism in the United States. When I first, as it were, came of age politically, this was still in living memory—both McCarthyism and the end of Stalinism. This is like the early stages of a totalitarian repression in other countries.

Lilian Greenwood Portrait Lilian Greenwood
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I agree with the right hon. Gentleman wholeheartedly regarding the concerns about what is happening on social media. Is that not precisely why we need an online harms Bill to tackle that sort of abuse rather than the Bill we have before us?

David Davis Portrait Mr Davis
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Precisely. The hon. Lady prefaces the argument I am going to make, which is that we do need to use the online harms Bill as well, but this Bill is just a part of that.

As I said, the behaviour that we have seen in the online battles that have taken place reminds me of McCarthyism. If hon. Members think that is an exaggeration, I recommend that they read the account in The Sunday Times three weeks ago by Christie Elan-Cane of her mistreatment, or indeed by Suzanne Moore of hers. The incredible and repressive verbal violence, and threats of actual physical violence, alongside heavily orchestrated attacks on their reputations and work, were frightening in the extreme to people whose reputations were already well-established. It is therefore no wonder that ordinary people are terrified to speak out for fear of losing their jobs, their friends and their reputations. This is the “chilling” issue that we have been talking about.

The Bill is to correct a small—I grant you, it is small—but extraordinarily important symbolic aspect of this modern McCarthyism, namely the attempt to no-platform a number of speakers, including Amber Rudd, Julie Bindel, Peter Hitchens, Peter Tatchell and others. I hope it is just a first step in a programme to bring free speech back to Britain. I name them rather than enumerate them for a reason—because they are all established people. If established people with high reputations can be terrorised, suppressed or put down, how is it going to be for somebody without the defences that they have?

As the Secretary of State said, the Bill replaces section 43 of the Education (No. 2) Act—the hon. Member for Stretford and Urmston also referred to this—which imposes an obligation to take reasonably practical steps to uphold free speech on campus. The Bill replaces that with a slightly broader duty and extends it to apply to student unions as well. I think that is correct. It creates an enforcement mechanism, which was also missing before, so that students, academics and visiting speakers whose speech rights have been violated can hold higher education providers and student unions to account. Someone whose speech rights are breached by a university can lodge a complaint with the director for freedom of speech, who will have the power to investigate it and, if the complaint is upheld, fine the institution in question and compensate the victim. The students, academics or speakers will also be able to sue for denial of free speech. It is important that these mechanisms work—that is why this is important as an adjunct to the existing legislation—because the suppression of free speech in universities has a chilling effect on free speech in all of society. It is the pinnacle of free speech in our society, so if it is removed there, that facilitates and legitimises removing it everywhere else.

To come back to the point that the hon. Member for Nottingham South (Lilian Greenwood) raised with me, it is important that we follow this up in other areas. In the online harms Bill, we should protect free speech from casual suppression by commercial platforms. We should look hard at the effect of organised online intimidation and seek to make it less easy, perhaps by removing anonymity from perpetrators. The hon. Member for Stretford and Urmston talked about anti-vaxxers. I am very pro-vaccine, for fairly obvious reasons. However, in the name of suppressing anti-vaxxers’ propaganda, quite a lot of legitimate scientists who had objections to the exact mechanisms of lockdown, raised concerns about blood clots and so on found themselves suppressed online. We have to recognise that this is not an easy dividing line to draw.

Managed free speech is a very hard idea to promote, pursue and make work. Modern communications are a major force for either good or evil. We should make sure that we facilitate the right one, and this Bill is just the first step in that important process.

Educational Settings

David Davis Excerpts
Wednesday 18th March 2020

(4 years, 1 month ago)

Commons Chamber
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Gavin Williamson Portrait Gavin Williamson
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It will not be suitable for them to meet, but there is an important aspect for the whole voluntary sector as to how it can look at playing an important role, contributing in many different ways to this national endeavour to deal with the crisis facing our whole nation. There will probably be a substantive role for many such organisations to look at playing within some school settings as, of course, those organisations will have individuals who are DBS-checked.

David Davis Portrait Mr David Davis (Haltemprice and Howden) (Con)
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One of the categories who will have most difficulty with this decision are the parents of children at special needs schools. As the hon. Member for Ashton-under-Lyne (Angela Rayner) pointed out, some of them are residential. Is any particular provision being made to support those parents?

Gavin Williamson Portrait Gavin Williamson
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We recognise that a small number of children will be in a special school that has a residential setting. In a number of those cases, it will be important and essential for that setting to remain open, and we will be looking at those individually to see how best we support them and, critically, how we ensure that they have the right type of staffing, as they will suffer the effects of the spread of this virus, as will other educational establishments.

Oral Answers to Questions

David Davis Excerpts
Monday 20th January 2020

(4 years, 3 months ago)

Commons Chamber
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Michelle Donelan Portrait Michelle Donelan
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I am more than happy to meet the hon. Member, who has done a great deal of work to raise the issue, and take learnings from him. When it comes to SEND, our focus is not on the condition but on the child’s individual needs. I want to understand what the hon. Member thinks we could do better to help children.

David Davis Portrait Mr David Davis (Haltemprice and Howden) (Con)
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The Secretary of State started topical questions by describing the improper release of 28 million records of students and schoolchildren. That serious breach of privacy and data protection was made even more serious by the fact that the data appears to have been used to get even more young children hooked on gambling. One problem in this policy area is that the companies involved view the fines as just the cost of doing business. Through the Secretary of State, may I say to the Information Commissioner that I hope the fine in this case is many multiples of the profit made? I hope the Secretary of State will have his Department sue the company concerned for breach of practice.

Gavin Williamson Portrait Gavin Williamson
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We take the abuse of this information incredibly seriously. We have referred the matter to the Information Commissioner and we hope that the Information Commissioner takes the most strident action so that such breaches never occur again.

Education and Local Government

David Davis Excerpts
Tuesday 14th January 2020

(4 years, 3 months ago)

Commons Chamber
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David Davis Portrait Mr David Davis (Haltemprice and Howden) (Con)
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The first thing to say is that I will not focus solely on education today. As you know, Mr Deputy Speaker, I always focus on my favourite line in the Queen’s Speech, which is the last one:

“Other measures will be laid before you.”

It gives us the option of talking about whatever we like. I should also, en passant, like to say a personal thank you to the Secretary of State for his announcement of the extra funding for special needs. He may know that I have a special interest in this, a personal interest, and this funding will go to a very important sector.

This Queen’s Speech was the longest ever Queen’s Speech I have known in terms of duration. At the beginning of the debate on the Queen’s Speech before Christmas, my hon. Friend the Member for North East Derbyshire (Lee Rowley) said that these had been “troubled times” for Parliament. But that is always the case when this country faces a point of inflection and a change of historic position. Our nation now faces a reset moment on a par with 1945, when the Attlee Government came in, and with 1979, when the Thatcher Government came in. Both of them had enormous national problems to solve, and we are in the same position. Thatcher’s revolution, controversial as it was, was above all a revolution of expectations, in which the United Kingdom once more realised it was able to stand on its own two feet. In truth, we are facing something similar today.

However, in the next decade, Brexit will not be the biggest challenge to the UK Government and our nation. Fast globalisation of trade and massive technological change will create bigger challenges and bigger opportunities even than Brexit. In the past 30 years, that globalisation has raised half the world out of poverty, but that trend is not secure. We as a nation need to be ready to act, both politically to ensure that free trade remains central to the world’s economic operating systems, and commercially to seize the advantages in that for ourselves. Brexit is the catalyst in that process; it is not the outcome. Brexit by itself is not enough. To exploit the opportunities given to us by Brexit, we need to overhaul British society and the British economy. That is the challenge in front of us.

High-quality public services, education, healthcare, social support and the rule of law are vital parts of a decent society, but the Government can provide them only if they have the resources to pay for them. That is our first challenge, and the fundamental weakness in all the Opposition arguments so far today. The reason why Labour lost hundreds of thousands of votes in the north of England is that nobody believed it was able to pay for its promises. The public were right, as always, and the Labour party was wrong.

So what will dictate whether we are able to meet our own aims for our society? The key issue that determines the affluence of citizens, the delivery of public services and even the level of opportunity in society is one boring technical term: productivity. From shortly after the war in 1948, when they started measuring it, until 2008, productivity in this country—whether it was total productivity or labour productivity—grew by 2.25% a year. It bounced around a bit, but never by very much. It grew by 2.25%, year on year, every year in the 60 years from 1948 to 2008. Since 2008, it has been at 0.5%.

Mike Amesbury Portrait Mike Amesbury (Weaver Vale) (Lab)
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On that point about productivity, people in my constituency and constituencies across the country cannot get trains or buses because the infrastructure has been decimated. That is because it has not been invested in for the past 10 years or so, and that has a real impact on productivity up and down the country. How are the Government going to address that?

David Davis Portrait Mr Davis
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I will come directly to the hon. Gentleman’s question later in my speech. He is exactly right in one respect: that is a contributory factor for productivity. But he should not look just at the past 10 years if he wants to comment about our infrastructure. The most used phrase by George Osborne when he was Chancellor was to say, while pointing at Gordon Brown, that he never mended the roof when the sun was shining. That is exactly what happened through those Labour years: profligate spending—poor spending, inadequate spending —that nevertheless did not provide the services that we needed.

Now, what has been the effect of that change in productivity? What is the size of the impact? Had productivity continued at the level it had been for the previous 60 years, had we not had the financial collapse, which happened largely under the watch of the Labour Government and the earlier Clinton Administration in the US, then wages, income and the economy would have been about 22% bigger than they are today. The tax take would have been higher, the deficit would have been easier to pay off, austerity would have been more manageable and shorter. All those things stemmed not just from the crash, but from the damage to our ability to recover from the crash as productivity was allowed to collapse. This dramatic and apparently permanent reduction in productivity has had spectacular consequences across the whole of society and the entire economy, and that is what we have to solve.

The productivity problem is a universal problem. No productivity means no progress. How do we deal with that? The answers include education, skills, training, research and investment, and of course, as the hon. Member for Weaver Vale (Mike Amesbury) rightly said, infrastructure. If we are to reset our economy and our society, we must be unflinching in our analysis and in the critique of our own past as well as those of the other parties.

Clive Betts Portrait Mr Betts
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The right hon. Gentleman denigrates the efforts, policies and achievements of the previous Labour Government on productivity. Will he therefore explain why productivity went up by over 2% under that Labour Government on a consistent basis? Since 2010, however, productivity has hardly risen at all.

David Davis Portrait Mr Davis
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Productivity had been at that level for 60 years. It is not difficult to keep things the same as they were before; the really hard thing is to smash productivity down from 2.3% to 0.5%, which is what the hon. Gentleman’s Government did.

If we are to reset the economy, let us look at what we got wrong, as well as at what Labour got wrong. Take research. The past 30 years, under Governments of all persuasions, have seen the UK decline from one the most research-intensive economies to one of the least. In the past decade, China has overtaken us, and South Korea now spends three times as much as we do. The Queen’s Speech committed to establishing the UK as a world leader in science with greater investment—so far so good. In my view, we need to do even more than that in quantitative terms. In the short term, we need to double the amount of research spend not just by the Government, but by the private sector. In the longer run, we need to treble that joint expenditure, and I stress that it should be joint expenditure. We should also address the things that we have not been so good at. It is easy to put money into genetics, artificial intelligence, self-driving cars or IT—the things we are historically world leaders in—but we should also try to ensure that that money goes where it will make a big difference by improving the things that we have not been so good at.

Historically, we have not been so good at what is called translational research. That means taking a good idea from the laboratory and making a great product, which leads to a great company, which leads to more and more jobs, more wealth creation, more tax and the rest of it. We would do well to build on some of the great institutions that we currently have. The University of Sheffield Advanced Manufacturing Research Centre, which is essentially an aviation-based operation, is doing fantastic, world-class, world-beating work. We should do similar things with the Warwick Manufacturing Group. There is a great deal of work to do to encourage those operations and build on them. Maybe we should even look to build a Massachusetts Institute of Technology of the north, because that is the sort of thing that we should be considering if we are to fix our economy.

I have some sympathy with one area of Opposition Members’ comments, which is the university underpinning of the research and the response to the Augar report. I know Philip Augar very well, and I spoke to him about his review before the report. If anything, it pulled its punches. The truth is that the university tuition fees and loans scheme invented and implemented by the Blair Government and carried on by us has failed. It has done a bad job. It has delivered poor-quality education, high levels of expectations and low levels of outcome. It has landed young people—some are now middle-aged—with liabilities for almost their entire lives, putting a cap on their aspirations. It has not delivered what it was intended to deliver, which was people paying for their component, not the public advantage component. It does not work that way. It has encouraged all sorts of perverse consequences and behaviours in our universities, so we must deal with it. I would argue to the Secretary of State for Education—I know that this is wider and much bigger than just the Department for Education—that he and his colleagues should be radical and brave.

Barry Sheerman Portrait Mr Sheerman
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When we do things on a cross-party basis, we sometimes get it right. When we had that agreement on higher education funding—the Dearing report—we said that there should be a balance between who pays: the student who benefits, the employer that benefits, and the country as a whole that benefits. What went wrong was not that there was a student contribution, but it was raised too far and too fast.

David Davis Portrait Mr Davis
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That was not the only thing that went wrong. I recommend that the hon. Gentleman reads the Augar report carefully, because a lot of things went wrong, including the lack of restrictions on what universities could do. However, if he wants to approach the Secretary of State or have his Front-Bench team approach the Secretary of State to offer a joint approach, I am sure that the Secretary State will be very polite and talk it over with them over a cup of tea.

Carol Monaghan Portrait Carol Monaghan
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Will the right hon. Gentleman give way?

David Davis Portrait Mr Davis
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Yes, but this must be the last time.

Carol Monaghan Portrait Carol Monaghan
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Does the right hon. Gentleman share my concerns about the suggestion in the Augar review that the time limit on paying back should be removed? That could saddle people with university debt for life.

David Davis Portrait Mr Davis
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My point here is that we are not about tinkering with one or two rules. We should be rethinking the whole system. The hon. Lady will forgive me if I do not go down the route that she has laid for me, because we should think about rethinking the whole system.

The Secretary of State was eloquent about the achievements at school level, and he was right. While I am on my feet, I pay tribute to the Minister for School Standards, my right hon. Friend the Member for Bognor Regis and Littlehampton (Nick Gibb), who did a fabulous job of developing phonics-based education—[Interruption.] Oh, he is there on the Front Bench. He did a fabulous job on phonics—one of the great successes of all the Education Departments of the past 30 years. Of course, I take it as a given that we have done better than Labour would have and, of course, we have mostly kept up with our international competitors. However, to use a phrase that came up more times than any other in my school reports, my reaction is, “Can do better.” That was the theme or motto of my school reports, and I think we can do better here.

In the friendliest possible way, we are not doing what some of our competitors, including the Chinese, the Uruguayans, believe it or not, and the Belgians, are doing, which is seizing an opportunity. Technology is such that we ought to be re-engineering the classroom. We ought to be able to re-engineer it so that the best can do better and the least good can be pulled up to the best possible outcome. That would be great for them, great for social mobility, and great for the economy as a whole. We ought to think hard about looking closely at all the things China has done. Something like 1,300 schools are now using artificial intelligence, which is driving its teaching systems and ensuring that every child is diagnosed to find what they are good at and what they are not good at. There is much to be done there.

Productivity, however, will have to be fixed with a universal approach, and that includes, of course, investment. On an international scale, we do investment well. With all the furore and negativity about Brexit, people forget that we are still the third-highest recipient of foreign direct investment in the world—way above any European country—and we have been for years and we will continue to be. We must not damage that. When we come to the question of domestic investment, which has been up and down in recent years, we must ask ourselves what should guide our policies. We have the most productive industries in Europe by far, and the least productive. We have nine of the 25 fastest growing companies in Europe, but we have a long tail of poor performance. One notable aspect of the productivity conundrum that stands out is that it is not uniform.

The key point in this debate is that it is the same regionally, because the golden triangle of London, Oxford and Cambridge has by far the highest productivity in Europe—the average wage in that area is 90% higher than the European average—yet some regions of our economy are down with the lowest performers in the European Union, such as southern Italy and the old East Germany. I hope the Scots Nats forgive me for including Scotland as a region in that context.

We have to do something about that. Where productivity is low, jobs are scarce and, of course, wages are low, which is a fundamental problem that this Parliament needs to attack. It argues for targeted policies like free ports and, to come directly to the point made by the hon. Member for Weaver Vale, for a great focus on—forgive me for the phrase—unglamorous, smaller infrastructure projects designed to sort out problems that are on the deck now. We must de-bottleneck the whole economy, because that is much more likely to be effective than grand vanity projects, and everyone knows what I am talking about. We can do that because we will have very low interest rates for the foreseeable future. If that is not enough, perhaps we should cancel High Speed 2 to pay for it.

A strategy of modestly sized infrastructure projects—road, rail, air and broadband—will help but, again, it will not be enough by itself. We need to make it more attractive to stay in the regions. We need to turn more of our regional towns and cities into magnet towns and cities, places that attract talent, money and enterprise, and it can be done. If we look around the world, there are dozens of examples. From Bilbao to Pittsburgh, and from Denver to Tel Aviv, cities have transformed their futures. We must ensure that our towns and cities can do the same.

Finally, house building has simply not kept up with the huge increase in population over the past 20 years. Year after year, the combination of a slow planning process, nimbyism and speculative land hoarding has limited the availability of housing. This has simultaneously led to higher house prices, smaller homes—our homes are now half the size they were in the 1920s, and they are the smallest in Europe—massively lower rates of home ownership, and severe rent poverty.

It is hard to solve that in London and the crowded south-east, but it can be solved in the provinces, making them more attractive in the process. The Government are actively thinking about garden villages and garden towns, and we should step up that programme. If we allowed every planning authority in the country to nominate one garden village or garden town of between 1,500 and 5,000 houses, which is big enough to be viable for a school and shops, and so on, we would not solve, but we would seriously mitigate, our housing problem. We would make it attractive for people to live in places other than the south-east. Again, that would majorly improve productivity by attracting talent back out to the provinces.

The problem of productivity is a tough one to tackle but tackle it we must. Research, investment, education, infrastructure, magnet cities and garden villages all have a contribution to make in simultaneously improving the lives of our citizens and helping us to solve this fundamental problem. If we do not solve it, we will not be able to afford to solve any of the others.

If we do all of that, we will have a very good chance of making the Prime Minister’s promise of a golden future a reality for all our citizens.

None Portrait Several hon. Members rose—
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Trade Union Bill

David Davis Excerpts
Nick Boles Portrait Nick Boles
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The hon. Lady makes a good point—[Interruption.] My hon. Friend the Member for Salisbury (John Glen) suggests that submissions should be inscribed on vellum, and my right hon. Friend the Minister for the Cabinet Office has a particular enthusiasm for that means of communication, but I prefer the more modern kind, so I suggest that an online submission—perhaps even by WhatsApp—might be appropriate.

Turning to the reserve power to cap facility time, the Government do not agree with the Lords amendment.

David Davis Portrait Mr David Davis (Haltemprice and Howden) (Con)
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As my hon. Friend knows, I am in favour of electronic voting, but the route that he is taking is the correct one. The one real fear out there, which can be put paid to right now, is that this approach is designed simply to delay the onset of online voting. Will he tell the House that, when the Minister receives the report, it will be dealt with with appropriate dispatch?

Nick Boles Portrait Nick Boles
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I thank my right hon. Friend for his contribution on this and other important matters. He has made a significant contribution to the improvement of this Bill. On his particular question, the amendment that we propose agrees with the noble Lords that this review should be commissioned within six months and then reported to Parliament. I have made it clear that we have no objection in principle to e-balloting. If the review suggests that it is safe to embrace, we will proceed with it. I think he will have noted that the amendment specifically suggests that we should be able to introduce pilots. One issue with the existing provisions is that it might not be possible to do a pilot without going for a full application. Such pilots might well be an appropriate phase after the review has been completed.

Let me return now to facility time and the facility time cap. The Government do not agree with the Lords amendment and, in consequence, I am moving amendment 17, which brings back the reserve cap, but with safeguards that respond to the concerns that were expressed in our debates and that led to the deletion of the clause in the other place and were the subject of quite forensic inquisition in both Houses.

Together with the publication requirements, it is my view that a reserve power to cap facility time to a reasonable level delivers our manifesto commitment to

“tighten the rules around taxpayer-funded paid facility time for union representatives.”

I shall reiterate what I said when this House was previously considering the Bill. We are not seeking to ban facility time. That has never been our intention. Our strong preference is that transparency alone should be enough to change practices in the public sector, with employers voluntarily reducing their costs where they are found to be spending more on facility time than is reasonable.

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Kevin Brennan Portrait Kevin Brennan
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Obviously I cannot comment on how long the Minister will remain in his post—we will see what happens in the forthcoming reshuffle. However, I did recognise the movement the Government have made, although I made it clear that their amendment to their lordships’ amendment is unnecessary and that the whole matter could have been dealt with in a much more straightforward manner. However, we are where we are, having received these amendments from the Lords, and those are all that we can discuss today.

Ultimately, it is inconceivable that any Minister, having received a report on how e-balloting could be introduced safely, would then deny trade union members the opportunity to participate in a ballot using modern electronic communications. The only possible reason for Ministers at that future point to reject an expert report outlining the appropriate way to introduce modern technology into ballots and to offer the opportunity for easier participation in a democratic vote would be a desire to suppress turnout.

David Davis Portrait Mr David Davis
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The hon. Gentleman comes right to the point. He does not have to rely on the good will of this Minister, who I am sure will be in the Cabinet in six months. The reason I asked the Minister to outline at the Dispatch Box the Government’s intent on receipt of the report was that, if another Minister were ever tempted not to follow the explicit policy line we have now, the hon. Gentleman and I could hold that Minister to account in this Chamber.

Kevin Brennan Portrait Kevin Brennan
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I do not know whether future Prime Minister Gove will appoint the Minister to the Cabinet—we shall have to wait and see—but the right hon. Gentleman is exactly right. That is why the Government’s amendment is unnecessary and dilutes the effect of accepting the rest of this Lords amendment. However, I am seeking to put on record the fact that, should any future Minister take another path, having had a clear recommendation in the report, one could only interpret their intentions as less than honourable.

Trade Union Bill

David Davis Excerpts
Monday 14th September 2015

(8 years, 7 months ago)

Commons Chamber
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David Davis Portrait Mr David Davis (Haltemprice and Howden) (Con)
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I will be a lot brisker than the right hon. Member for Kingston upon Hull West and Hessle (Alan Johnson). I hope I will be able to get through what I want to say in three or four minutes. If I do it briskly enough I will irritate everybody in this debate, because there are fallacies on all sides. I was not going to declare an interest, but the contribution by the hon. Member for Glasgow South West (Chris Stephens) has provoked me. I do not have a financial interest, but my grandfather was blacklisted.

Chris Stephens Portrait Chris Stephens
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I merely quoted the right hon. Gentleman’s comments about Franco.

David Davis Portrait Mr Davis
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The reason those comments resonate with me is that my grandfather, who brought me up, was as a young man blacklisted and unemployed for 17 years because he was an organiser in the coalfields in the north-east. The House will understand that I am a little sensitive to some of the impingements on civil liberties that can come out of industrial relations.

It is a particular pleasure to follow the right hon. Member for Kingston upon Hull West and Hessle. I keep calling him my right hon. Friend. He was a fabulously good trade union leader. As we just heard, he is a great debater, but he and I have also served occasionally on the same side in negotiations. Every single time, we managed to get an outcome that was helpful to the workforce and to the companies we were dealing with. That does not mean, however, that he has everything right here.

I have been very helpful to the Labour party in some of the comments I have made, but I will say this: there is an issue when a monopoly—it does not matter whether it is a private or public sector monopoly—goes on strike. The victim is then the public. It is not the workforce, because they tend to get their money back in overtime, and it is certainly not the owners, because their market share does not go away and they do not lose anything. The public, however, have nowhere else to go. I have some sympathy with much of Labour Members’ criticisms of the Bill, but they have to address this issue: how do we deal with a problem where action by a trade union, without proper and sufficient support from its membership, discomforts the public very badly?

Mhairi Black Portrait Mhairi Black
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Will the right hon. Gentleman give way?

David Davis Portrait Mr Davis
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No, I am going to be very brisk.

The word “discomfort” is a very soft word to use. Not being able to go to work, to hospital or to school is more than a discomfort.

I would like to come on to my primary criticisms of the Bill. The right hon. Gentleman referred to the proposals relating to picketing. I am particularly offended by the idea that a picket organiser needs to give his name to the police force. I have discussed this with the Minister and know that this provision has been included in previous legislation. I am ashamed to say that I missed it last time, otherwise I would have voted against it. This is a serious restriction of freedom of association. It is not the same as getting the organiser of a big demonstration to give his name to the police. There is all the difference in the world between 500,000 people clogging up London and half a dozen pickets shivering around a brazier while trying to maintain a strike.

This issue is incredibly important, and we do not want to get on to a slippery slope. I say to the Minister that I will be seeking—and I am not alone—to alter the measure during the Bill’s progress. Doing that will improve the Bill; it will not make it worse or take away anything fundamental. It will, however, remove the suggestion, made time and again by the Opposition, that this is somehow a vindictive anti-union Bill. It is not. This should be a Bill for the people, not against the unions. That is what fits with our approach.

I also want to raise the issue—it is in consultation at the moment, but because the consultation has been fast it may turn up as a Government amendment later—of restricting the actions of unions on social media. This proposal strikes me as both impractical—how on earth would it be done?—and asking for judicial trouble. There will be judicial review if this line is pursued. It has been argued that the measure is there to stop bullying. Well, fine—then pass a law to stop bullying and intimidation, but make it affect everybody, not just trade unions. We already have quite a lot of laws to prevent intimidation.

They are two critical elements and weaknesses in the Bill. I say to the Minister that I will seek to prevent both of them making it through to Third Reading. I will vote for the Bill today, but I am afraid that if it still contains those measures on Third Reading, I will vote against it. I say again to him that I doubt I will be alone.

None Portrait Several hon. Members
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rose—

--- Later in debate ---
Andrew Bridgen Portrait Andrew Bridgen
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My hon. Friend makes a point that has been made often. I think we also saw the influence of the union movement in the recent Labour leadership elections and the selection of Front Benchers.

Other sensible measures in the Bill are clauses 7 and 8, which set an expiry date on industrial action ballot mandates and extend the notice period that unions must give employers from seven to 14 days. The latter will give more time to reach settlements, which can only be a good thing for all parties concerned, while giving those adversely affected, such as commuters and parents, time to make other arrangements, whereas the former is a common-sense measure given the present situation of having effectively rolling mandates that can last for years and might be ongoing long after the members who originally voted for them have left employment.

Clause 9, on picketing, has engendered a number of comments and I understand that there are concerns about the level of police involvement. There is, however, an issue of intimidation in the trade union movement. One needs only to think back to the incident with Unite officials at the Grangemouth oil refinery in 2013, in which a mob was sent to protest outside a family home with banners, flags and a giant inflatable rat, which led to a country pub and even a charity fun run being disrupted.

David Davis Portrait Mr David Davis
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My hon. Friend makes a good point, but my simple question is: why not deal with that through a general anti-intimidation law rather than a specific union law?

Andrew Bridgen Portrait Andrew Bridgen
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My right hon. Friend has made that point and it is worthy of consideration. I am sure that he will bring his knowledge of the subject to our discussions of the Bill as we proceed.

That incident was linked to a Labour party candidate selection row and was perpetrated by union officials. That serves only to highlight how intimidation tactics have recently been employed by a limited number of trade union activists, and those tactics have no place in this country, as my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) agrees.