Oral Answers to Questions

Desmond Swayne Excerpts

Thursday 24th September 2020 Commons Chamber

[Sir Desmond Swayne (New Forest West) (Con)]

What discussions she has had with the Secretary of State for Northern Ireland on the United Kingdom Internal Market Bill.

[The Attorney General (Suella Braverman)]

I regularly meet the Secretary of State for Northern Ireland to discuss important issues of common interest. The United Kingdom Internal Market Bill is an essential and landmark piece of legislation, which will safeguard and enrich our precious Union. The Bill is a prudent step to create a legal safety net and to take powers in reserve, whereby Ministers can guarantee the integrity of the UK and protect the peace process.

[Sir Desmond Swayne]

So it does not break any law, does it?

[The Attorney General]

Consideration of and voting for this Bill do not constitute a breach of the law. However, there are powers in the Bill which, if and when exercised, will operate to disapply treaty obligations at the international law level—in particular, article 4 of the withdrawal agreement, and articles 5 and 10 of the Northern Ireland protocol. Parliamentary supremacy means that it is entirely constitutional and proper for Parliament to enact legislation, even if it breaches international treaty obligations. I am glad that my right hon. Friend voted in support of section 38 of the European Union (Withdrawal Agreement) Act 2020, which made it clear that parliamentary supremacy will prevail over international law.

Arts, Culture and Heritage: Support Package

Desmond Swayne Excerpts

Tuesday 7th July 2020 Commons Chamber

[Caroline Dinenage]

As I say, we will be setting out in the next few days and weeks exactly how the package will work,  how people can apply for the money and what the restrictions will be on the amount that can be applied for.

[Sir Desmond Swayne (New Forest West) (Con)]

Has the Minister listened to “The Archers” recently? It is suicidal. Will she reflect on the fact that the majority of us are more likely to die by our own hand than we are from the virus?

[Caroline Dinenage]

I will reflect very hard on that. I am a great fan of “The Archers”, obviously.

Telecommunications Infrastructure (Leasehold Property) Bill

Desmond Swayne Excerpts

2nd reading & 2nd reading: House of Commons & Programme motion
Wednesday 22nd January 2020 Commons Chamber

[The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport (Matt Warman)]

I beg to move, That the Bill be now read a Second time.

With apologies to T.S. Eliot, it is obvious that the naming of Bills is a difficult matter, but this Bill’s title does not do it justice. The Government are committed to delivering the infrastructure that this country needs, and the Bill is the first step on that road. To continue to channel T.S. Eliot, we know that if we do not deliver that infrastructure, too much of this country will be a digital wasteland.

[Sir Desmond Swayne (New Forest West) (Con)]

The Minister is right: this is the first part of a much greater endeavour. An increasing number of younger people find that they can do without a landline at all, so can he reassure me that this great, expensive endeavour will not be overtaken by the development of new technology, particularly as regards 5G, that will render it obsolete?

[Matt Warman]

I can absolutely assure my right hon. Friend that our approach to connectivity is technology-agnostic, and 5G is very much part of the solution, rather than something leading to the exclusion of connectivity. He is right to imply that we aim to go significantly beyond current demand to pre-empt the sort of problem that would occur if we did not build far in advance.

The Prime Minister and this Government have been unwavering in their commitment to the delivery of high-speed, reliable, resilient connectivity to every home and business as soon as possible. For the United Kingdom to remain at the forefront of the global economy, our businesses and consumers must have access to the tools they need to thrive. Already, our superfast broadband programme covers over 96% of the country and has brought connectivity to more than 3 million premises that would otherwise have been bypassed by commercial deployment.

Online Pornography: Age Verification

Desmond Swayne Excerpts

Thursday 17th October 2019 Commons Chamber

[Matt Warman]

I sympathise with what the hon. Lady seeks to achieve, but we can do more by going slightly slower. As I have said, we will respond to the consultation by Christmas and bring forward legislation for prelegislative scrutiny in the new year. I hope that she will work with us on that. We will, of course, seek to bring forward this part of that agenda much more rapidly than the whole package, because, as she says, this is hugely important. Getting it right is important, but getting it enacted quickly is also important.

[Sir Desmond Swayne (New Forest West) (Con)]

Does the Minister recall the nerve required to reach for Health and Efficiency and the looks at the counter as it was put in a paper bag? What is out there now makes H&E look like a nursery rhyme. His approach really is going to be comprehensive, is it not?

[Matt Warman]

I am afraid I am too young to recall precisely the experience to which my right hon. Friend refers—and I am sure he was speaking on behalf of others, rather than himself. However, he is absolutely right that what is out there on the internet now pales into insignificance compared with everything that was printed for newsagents. That is precisely why we have to go so much further.

Oral Answers to Questions

Desmond Swayne Excerpts

Thursday 11th April 2019 Commons Chamber

[The Solicitor General]

The hon. Gentleman is right to raise this deeply concerning issue. I am happy to report that there have been a number of successful prosecutions of gangs who engage in this despicable and criminal behaviour. That is as a result of a change of culture that means the victims of these crimes are taken far more seriously than they were even a few years ago. So there is progress.

[Sir Desmond Swayne (New Forest West) (Con)]

3. If he will make an assessment of the effect of social media on the administration of justice.

[The Solicitor General (Robert Buckland)]

The response to the call for evidence on the impact of social media on the administration of justice was published on 5 March this year. We concluded that, whereas at present social media are not having a widespread impact on the trial process, this may not remain the case if the issues identified are not addressed. The Government are responding in a number of ways, including a new gov.uk webpage to support the public in understanding how they can responsibly comment on criminal trials in social media.

[Sir Desmond Swayne]

Do users, who appear to have an opinion on everything, have any idea what the law actually is?

[The Solicitor General]

I do sometimes wonder. It should be as plain as a pikestaff to anyone that the criminal trial process has to have integrity and be based on the evidence heard in court. That is why the new contempt online webpage sets out clear and accessible information for the public on what might be considered contempt. I reassure my right hon. Friend that the law officers take robust action where there is evidence of contempt.

Leaving the EU: Mobile Roaming Charges

Desmond Swayne Excerpts

Thursday 7th February 2019 Commons Chamber

[Jeremy Wright]

The hon. Gentleman expressed a commendable interest in my diary for yesterday. Let me remind him that I was having meetings on the subject of online harms, which he and I had discussed on what I thought was a cross-party basis some time before he made his speech yesterday. I was also spending some time discussing problem gambling with the banks and with the all-party parliamentary group on gambling related harm, which is led by his hon. Friend the Member for Swansea East (Carolyn Harris).

I know that the hon. Gentleman cares about both those subjects and would wish me to spend time on them, but he need not worry, because I have also been spending some time on this subject. Having done so, I can tell him that it will be discussed by this House because this is an affirmative statutory instrument. The Government have set out their view that it should be an affirmative statutory instrument, which will give the House an opportunity to debate this subject, so the hon. Gentleman or one of his colleagues will be able to discuss the matter in some detail when that debate is reached.

The hon. Gentleman says that we are caving in to the mobile phone operators, but the reality is that when we leave the European Union—that is what is going to happen, because the Government and the Opposition, if I understand their current position correctly, intend to respect the outcome of the 2016 referendum—it will not be possible for the UK Government to force our rules and expectations upon EU mobile phone operating companies. So if those companies choose to charge British mobile network operating companies at a wholesale level, one of two things will happen: either that cost will be passed on to those who are using their mobile phone abroad, or it will be spread across all mobile phone users on that network. That is the choice.

The decision we have made is to ensure that consumers are given the best possible protection in the event of leaving the EU with no deal. I have made it quite clear that that is not the Government’s intention, however. We worked very hard to get a deal, and we would be grateful for the hon. Gentleman’s help on that, but it is important to recognise what we can do and what we are doing. We are making sure that those elements of the current EU regime that can be transferred into domestic law are transferred into domestic law. Making sure that consumers cannot spend more than the amount that is currently provided for in EU law without understanding that they are doing so is an important consumer protection, as is letting people know how much of their data they have already used. That is what we can do, and that is what we should do in the event of no deal.

If the hon. Gentleman is concerned, as I am sure that we all are, to avoid some of the unpleasant consequences of no deal, the good news is that he can help. He and his colleagues can vote for a deal. We are still waiting for the Opposition to take a responsible position on avoiding the no-deal consequences that they come to the House to complain about.

[Sir Desmond Swayne (New Forest West) (Con)]

Is not a competitive market the best answer?

[Jeremy Wright]

Of course, we have a competitive market, but that is perfectly compatible with providing consumer protections. Where there are sensible consumer protections in place under EU law and we can transfer them into domestic law, that is what we should do. In this case, that is what we are doing.

Oral Answers to Questions

Desmond Swayne Excerpts

Thursday 31st January 2019 Commons Chamber

[Jeremy Wright]

As I have set out, we expect the BBC to honour that commitment. We made it clear that we expected the BBC to take on responsibility for that concession, and it agreed to do so. That was clear to all in 2015. While the hon. Gentleman is on the subject of promises, perhaps he or one of his colleagues can explain what Labour’s view on this is. Labour Members criticise us for passing that commitment on to the BBC. Will the Labour party in government take it back? If so, how will it pay for it?

[Sir Desmond Swayne (New Forest West) (Con)]

With the exception of God’s grace, nothing should be free. It distorts markets and misallocates resources, doesn’t it?

[Jeremy Wright]

As ever, I admire my right hon. Friend’s ideological purity. It is important that we make sure the BBC continues to provide an excellent service to all those who watch television. That is what it is committed to doing, and it has agreed to take over responsibility for a very specific concession. It is one of many concessions, of course; the others remain entirely unaffected.

--- Later in debate ---

[The Attorney General]

The hon. and learned Lady, who is a lady of great distinction in the legal profession, knows quite well that I am bound by the Law Officers’ Convention. I realise why she is trying to tempt me to give fuller answers, but I cannot disclose either the fact or the substance of any advice that I may have given. As for her substantive question, I suggest that she address it to the Secretary of State.

[Sir Desmond Swayne (New Forest West) (Con)]

10. Whether he has had discussions with the Secretary of State for Justice on reforms to the oversight of solicitors.

[The Solicitor General (Robert Buckland)]

I have had regular meetings with the Secretary of State for Justice, in which we have discussed a range of policy matters including regulation of the legal professions. Legal services in England and Wales are independently regulated in accordance with the framework set out in the Legal Services Act 2007. Solicitors are regulated by the Solicitors Regulation Authority, which prosecutes solicitors and firms where necessary.

[Sir Desmond Swayne]

If the SRA cannot and will not compensate the EcoHouse investors, it is ripe for reform, is it not?

[The Solicitor General]

My right hon. Friend tempts me down a path leading to the SRA’s discretion with regard to compensation. I am grateful to him for raising an important issue that concerns many colleagues in the House. I think it best that we take these matters up not just with the Ministry of Justice, but with the SRA itself.

Oral Answers to Questions

Desmond Swayne Excerpts

Thursday 13th December 2018 Commons Chamber

[The Solicitor General]

The CPS in Northamptonshire and the east midlands, like in all other regions, acknowledges that it should never rest on any laurels it might gather. I urge my hon. Friend to meet the chief Crown prosecutors and staff to focus on particular areas where he thinks the CPS in Northamptonshire and the east midlands needs to make progress. Recent quarterly and monthly figures show that in many areas, such as burglary, it has been above average, but I am sure it would welcome his constructive input.

[Sir Desmond Swayne (New Forest West) (Con)]

8. What recent assessment he has made of the effectiveness of the CPS in prosecuting crimes involving corrosive substances.

[The Solicitor General (Robert Buckland)]

Corrosive substance attacks are unacceptable. There is no place in society for these horrendous crimes. Last month, the CPS successfully secured the conviction of nine men for carrying out a violent attack in which a corrosive substance was squirted at bystanders who tried to stop an assault in the street.

[Sir Desmond Swayne]

What account is taken of gangs in this context?

[The Solicitor General]

My right hon. Friend is right to raise the sad connection with gang offending. Sadly, corrosive substances are sometimes used as weapons by gangs in retribution and as a means of enforcement. The CPS guidance identifies that phenomenon and encourages prosecutors to apply for criminal behaviour orders to prevent such gang-related offending.

Oral Answers to Questions

Desmond Swayne Excerpts

Thursday 1st November 2018 Commons Chamber

[Jeremy Wright]

As the hon. Lady will know, rules already exist around the handling of money in relation to criminal activity, and it is important that we have as much transparency as possible. I will consider her specific point and, if she will forgive me, get back to her on it.

[Sir Desmond Swayne (New Forest West) (Con)]

What has been the impact of the reduced rent to small clubs arising from revisions to the electronic communications code? That did not happen on the Secretary of State’s watch, and it was not intended, but it has been a disaster, has it not?

[Jeremy Wright]

I cannot agree with my right hon. Friend. With the electronic communications code, we have attempted to ensure that property owners cannot prevent the roll-out of new infrastructure that is needed to ensure that this country has proper coverage for mobile and broadband, and that will have to continue. We of course want to ensure that people are properly remunerated, but they cannot hold the whole process to ransom.

Oral Answers to Questions

Desmond Swayne Excerpts

Thursday 21st June 2018 Commons Chamber

[Matt Hancock]

Yes; the hon. Gentleman is a man after my own heart. The outcomes from the NCS are incredibly positive, and that will always be at the forefront of our minds.

[Sir Desmond Swayne (New Forest West) (Con)]

When we conceived the NCS, the ambition was that it would be so good that it would become universal. Does that still hold?

[Matt Hancock]

I would like it to become universal, but we are not requiring it to be universal because we want people to want to be on the programme. However, I think the message is increasingly getting out there that this should be done.