Riot Compensation Bill

David Nuttall Excerpts

Friday 5th February 2016 Commons Chamber

[Mr David Nuttall (Bury North) (Con)]

I rise to support amendments 1, 2 and 3, which my hon. Friend the Member for Dudley South (Mike Wood) has tabled. It is encouraging that he took the opportunity afforded to him in Committee to listen to the representations made to him and tabled these amendments for consideration this morning. They are relatively modest but important amendments. It is important that the Bill should set out clearly the time period within which claims should be made, as amendment 1 provides, so that there is no confusion and it is not left up to others to make such a determination by way of regulation. It is for the House to decide that claims must be brought within 42 days and further evidence provided within 90 days after that.

I particularly support the intention behind amendment 2. It seems perfectly reasonable that where someone’s home is rendered uninhabitable as a result of a riot, the costs of their moving into alternative accommodation should be taken into account. I am grateful to my hon. Friend for tabling amendment 2 and the consequential amendment, amendment 3.

--- Later in debate ---

[James Brokenshire]

Again, the best place to deal with that and give clarity about the operation of the Bill is in regulations. I hope that given what I have said today about the intention to introduce regulations to sit alongside the Bill, hon. Members will be reassured on this important point about charitable donations. The right hon. Member for Tottenham indicated that he thought the best place to deal with that would be in regulations. That is our judgment too, but I hope that what I have said to the House is helpful in providing clarification and setting out the how the Government will seek to operate the provisions in the Bill. Obviously, right hon. and hon. Members will be able to examine the regulations when they are published, following Royal Assent—we hope that will happen, but both Houses need to give the Bill their consideration.

[Mr Nuttall]

I appreciate the points the Minister has made. In the internet age, donations from the public often come through crowdfunding exercises. Will he confirm that the regulations will make it clear that funds raised in that way for the purposes he has just set out—I appreciate the distinction he made with respect to the purposes—will also be excluded?

[James Brokenshire]

The most important thing is that we define the charitable purpose for which contributions have been made, rather than reflecting on the manner in which those moneys have been given. It is about the fundamental purpose, although my hon. Friend makes an interesting point that people will want to examine as we introduce the regulations. I hope that my comments have helped in our consideration of the amendments.

--- Later in debate ---

I say that because there is some tension in the fact that it is the Home Office and the Met that pay out compensation, and it often arises at the point of declaration. On previous occasions there has certainly been controversy when the Home Office and the Met have not wanted to declare a riot. That tension comes up again in relation to how much compensation is paid. Of course they are reluctant to pay more than is necessary, and I understand that, because it comes out of the public purse. That is why amendment 7 would provide for greater scrutiny of the figure; how it is arrived at, what methodology and evidence are used, and whether it might not be more appropriate to lay the draft before this House so that scrutiny can take place here, as is appropriate from time to time.

[Mr Nuttall]

I am a bit confused—I am always confused, but I am particularly so this morning—by these amendments. Could the right hon. Gentleman briefly explain which of his three different proposals he would personally like to see enacted? It seems to me that he is proposing no cap, a cap of £10 million and a cap to be decided by a formula that is yet to be determined.

[Mr Lammy]

The hon. Gentleman will recall, because he was on the Public Bill Committee with me—

[Mr Nuttall]

indicated dissent.

[Mr Lammy]

Forgive me. The hon. Gentleman was not on the Committee, but if he reads the Hansard report of its proceedings he will see that there was quite a lot of debate about this figure. The Government were unable to give much detail of how they arrived at the figure. The Minister has since written to my right hon. Friend the Member for Knowsley, who chaired the Committee—its members were copied in—and given greater clarity on what the Government were told by the insurance industry and on the amount of figures that came under £1 million. I received that letter after tabling these amendments. However, the amendments are probing, because it would be quite wrong for a Bill of this kind to pass quietly through the House without discussion and scrutiny. I see the hon. Member for Croydon Central (Gavin Barwell) nodding in agreement, because his constituency was caught up in the riots. My amendments have been tabled in that spirit.

The hon. Member for Bury North (Mr Nuttall) is right: there is of course a difference between removing the £1 million cap and raising it to £10 million. I suspect that not all of my amendments will be pressed to a vote. However, I emphasise amendment 7, in particular, because it facilitates scrutiny and the need to return to this figure in future, which must be right. I do not want the House to settle on £1 million and then find in 10 or 15 years that it would leave a lot of people, particularly in London and the south-east, really short if their property were damaged in a riot.