Health and Care Bill

Debate between Edward Argar and John Hayes

Report stage
Monday 22nd November 2021 Commons Chamber

[Sir John Hayes (South Holland and The Deepings) (Con)]

It was my hon. Friend the Member for North East Bedfordshire who inspired my intervention. I just want the Government to make it clear that they are not contributing to a strange paradox which seems to prevail in modern society, that of being simultaneously more puritanical and more prurient. We are prurient in that we let the tech giants corrupt our children in all kinds of ways, and puritanical in that we are censorious about the jokes people tell, the language they use, and how much ice cream—or indeed Christmas cake—they eat.

[Edward Argar]

I am grateful to my right hon. Friend. It has been a while since he intervened while I was at the Dispatch Box, so this has been a pleasure. I have never seen him as in any way a puritan; I suspect that he is rather more a cavalier in his approach to life.

My hon. Friend the Member for North East Bedfordshire has also tabled amendments to schedule 16 which would insert in the Bill an exemption from the advertising restrictions for brand advertising. I am grateful to him, but I can reassure him that the Bill already delivers that exemption, and I therefore believe that his amendments are not necessary to achieve the effect that he seeks. We made that clear in the consultation response published in June this year, and in speeches made in Committee.

My hon. Friend has also tabled new clause 14. As I am sure he and other Members are aware, the Government consulted on different approaches for restricting online advertising in 2019, and considered alternatives submitted through the consultation process. However, it was felt that the alternatives, including the proposal from the Committee of Advertising Practice to use a self-regulatory mechanism based on targeting, were sufficiently similar to the policy options previously consulted on. These were not sufficient to meet the objective of the policy, namely to protect children from advertisements for less-healthy food and drink.

Children’s Funeral Fund

Debate between Edward Argar and John Hayes

Wednesday 1st May 2019 Commons Chamber

[Edward Argar]

As ever, my hon. Friend puts his point simply but eloquently, and he is absolutely right about the prism through which we should be looking at this matter.

The scheme that we are envisaging will not just bring England into line with broadly comparable arrangements in Wales and Scotland. I am keen that we go a bit beyond that where we can. The children’s funeral fund will complement other measures to support grieving parents, including the social fund funeral expenses payment scheme and the Parental Bereavement (Leave and Pay) Act 2018, which was enacted last September. But I do understand that, alongside the welcome for the fund across both sides of this House, hon. Members and others clearly and rightly want to see the scheme in place as soon as possible, and to be reassured of the continued commitment to and progress towards that.

As my right hon. Friend the Chancellor of the Duchy of Lancaster said on 6 February at Prime Minister’s questions, it is important that we get this right. We have therefore been working hard across Government to identify the most effective way to deliver the fund. For all the clear simplicity of what it seeks to do, it is none the less a complex and challenging policy legislatively and in delivery on the ground, bringing together a number of Government Departments, but it is a challenge that the Government and I have willingly accepted.

[Sir John Hayes (South Holland and The Deepings) (Con)]

My hon. Friend knows—as do you, Mr Speaker—that, inspired by the hon. Member for Swansea East (Carolyn Harris), I have been a champion of this fund and have indeed highlighted funeral poverty more generally. He speaks about the complexity across Government, and I understand that, but there is an absolute need for clarity where parents are concerned. When people have lost a loved one, particularly a child, they are vulnerable, and they need a very clear indication, as does the funeral industry, of exactly how this will work in practice. Can he give us an assurance that that will be the case?

[Edward Argar]

I am grateful to my right hon. Friend. I should, in recognising the contributions made by Members across both sides of the House, recognise his contribution to this campaign and this debate, and indeed that of my right hon. Friend the Member for Chingford and Woodford Green (Mr Duncan Smith), who has taken a very close interest in it. My right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes) has, I believe, just become chairman of the all-party parliamentary group on funerals, so he will continue to be active on this. He is absolutely right. We do need to get the scheme right. We need to make it effective and legal, but as simple as we can. We are working to devise a comprehensive publicity programme to ensure that both the funeral sector and, of course, bereaved families are fully informed and fully understand how the fund will work, and how they can access it, in advance of its launch.

--- Later in debate ---

[Edward Argar]

I cannot give a detailed date. The hon. Gentleman, as a savvy Whip, will read into this what he will. I have said that this will require a legislative vehicle, and given my determination to do this for the summer and given that the House would need to be sitting to deliver on that, that might give him an indication of my intention.

[Sir John Hayes]

I want the Minister to know that my right hon. Friend the Member for Chingford and Woodford Green (Mr Duncan Smith), myself and, I hope, the hon. Member for Swansea East, will be going to see the Treasury Minister next week. I have just texted him to tell him.

[Edward Argar]

I am grateful to my right hon. Friend for updating the House on that.

Paupers' Funerals

Debate between Edward Argar and John Hayes

Thursday 5th July 2018 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Edward Argar)]

It is a pleasure to be responding to my first debate at the Dispatch Box with you, Madam Deputy Speaker, in the Chair, who were presiding when I made my maiden speech, and to be responding to my right hon. Friend, and indeed my friend, the Member for South Holland and The Deepings (Mr Hayes).

My right hon. Friend spoke with his famed eloquence and passion, but also with typical compassion, on a hugely important issue about which, in our compassionate and decent society, we should all care. As he said, a funeral plays a huge part in helping all of us, at one of the most difficult points in our lives, come to terms with loss and grief. This issue was also more broadly raised in a debate in Westminster Hall last October by the hon. Member for Mitcham and Morden (Siobhain McDonagh).

Public health funerals are likely to become necessary when either, sadly, a deceased person dies alone with no family or friends to organise a funeral or because the bereaved family does not, or is for various reasons unable to, make funeral arrangements. In either situation, the relevant local authority has a statutory duty under section 46 of the Public Health (Control of Disease) Act 1984 to make arrangements for the disposal of the body. To respond to my right hon. Friend’s points, it is important to highlight that the 1984 Act contains no statutory requirement for the local authority to make any arrangements beyond that, nor is it prescriptive of how they deliver on their obligation nor does it contain provision for regulations for statutory guidance or instruction on how they must do so. However, I hear my right hon. Friend’s point, and I have asked my Department to clarify and confirm that my understanding of that position is correct.

In a humane and civilised society, it is reasonable, and indeed proper, to expect that the deceased person and, where they can be involved, their bereaved family are treated with the dignity and compassion they deserve. I am sure that that is what happens in many local authority areas. For example, I have recently heard of a council where officials routinely attend public health funerals themselves—I believe that this is the case in the City of Westminster, among many others—to ensure that the deceased person is not alone in that final act.

However, the Government and I, like my right hon. Friend, are deeply concerned at the alleged practices of some local authorities, such as refusing to tell bereaved families where and when the funeral is taking place or refusing to return their loved one’s remains following cremation. Media reports—my right hon. Friend alluded to the report in The Sunday Times in May—suggest that that may be an attempt to deter future reliance on the local authority’s obligation to step in if other arrangements cannot be made. We all appreciate that local authorities should be mindful of public money, providing a decent funeral but ensuring that care is taken with that public money, but the key thing is that word “decent”. I am deeply concerned that, if true, the reports suggest completely unacceptable behaviour that would be putting bereaved families through unnecessary additional stress and insensitive treatment at an already extremely difficult time in their lives and when they are, in many cases, already managing on a low income. This is about sensitivity, decency and doing the right thing, and that should permeate the approach. I urge all local authorities to reflect on those words.

The legislation and lack of centralised control and powers to mandate is a reflection of the fact that public health funerals are a cross-cutting issue, that local authorities are best placed to determine local priorities and that this matter has sat with local authorities for many decades. It is a pleasure to be here answering on the behalf of the Ministry of Justice today, but colleagues in the Department for Work and Pensions, the Department of Health and Social Care and the Ministry of Housing, Communities and Local Government all have a role to play. Historically, the Government have not centrally collated information on the number and cost of the public health funerals that councils manage annually. However, a series of freedom of information requests in recent years appear to show a consistent rise in both elements. The most recent of these requests, published by ITV News last month, was based on responses from 300 councils across the UK. It indicated that there has been a 70% increase in the number of public health funerals in the past three years, to around 15,000 last year, at a cost to local authorities of around £4 million in the last financial year.

As I have alluded to, local authorities are independent from central Government in providing their services and are responsible to their own electors and for managing their budgets in line with local priorities. That is how it should be and, as a former councillor, I recognise the importance of that local accountability and local decision making. However, that does not obviate the need for those local authorities to reflect on their obligations with the moneys they have given to them to ensure that this area is not neglected. It is absolutely right that local priorities should determine local spending, but I urge local authorities to reflect on my words about decency.

As my right hon. Friend alluded to, the Government have acted to address the financial pressures that death and bereavement can put on both families and local authorities. On 1 April, my right hon. Friend the Prime Minister announced her intention to establish a children’s funeral fund for England, which all Members would warmly welcome, with the intention that, at such an incredibly difficult and distressing time in their lives, bereaved parents will not have to worry about the essential costs of burying or cremating their child. As the House will know, arrangements for similar funding have already been put in place by the Welsh Assembly Government, and the Scottish Government have recently announced their intention to do the same.

This difficult but important issue has, of course, been championed by the hon. Member for Swansea East (Carolyn Harris). Although she is not in her place today, I take the opportunity to pay tribute to her for her work, for her tenacity and for her courage in doing so in the light of her own tragic experience. She is an hon. Lady of great decency, commitment and compassion. This House is the better for her presence, and her constituents are lucky to have her representing their interests.

The hon. Lady has continued in her work to support those for whom death and bereavement bring unmanageable financial pressure. On 8 June she co-ordinated and sent a cross-party letter to the Prime Minister, supported by a significant number of hon. Members, calling for the establishment of minimum standards in the provision of public health funerals by local authorities. This action was prompted by concern about the media reports that gave rise to today’s debate, and I understand my right hon. Friend the Prime Minister is responding to that letter.

Public health funerals are not needed in the vast majority of deaths. I have mentioned the figure of 15,000 public health funerals a year, which represents around 3% of the total annual number of deaths in the UK. It is right that, where a family are in a position to take responsibility for the cost of funeral arrangements, they should do so. However, there are times when state support is appropriate and necessary, and we are committed to supporting vulnerable people going through bereavement who, depending on their situation, may need to draw on different elements of support.

That support, as my right hon. Friend the Member for South Holland and The Deepings alluded to, includes the provision of funeral expenses payments to help people on qualifying benefits with the cost of arranging a funeral. Such payments make a significant contribution to the cost of a simple, respectful, decent funeral, covering the necessary costs of burial or cremation and in addition up to £700 for other funeral expenses.

[Mr Hayes]

I am sure the Minister is just about to announce it, and I do not want to steal his thunder because he is a fine new member of the Government, but I called for the cap to be lifted. He may want to make that announcement now and make a big impact, or he might want to reflect and write to me about it very soon.

[Edward Argar]

My right hon. Friend is typically beguiling in attempting to persuade me to announce changes to policy from the Dispatch Box. However, the funding offered from the funeral expenses payments scheme and the social fund budgeting loan—he has referred to other measures taken by the Government, such as changing the rules so that additional contributions may be received without deductions being necessary from that fund—provides a level of support while, crucially, maintaining a fiscally viable fund.

I hear my right hon. Friend’s comments about the 2003 cap on that second element, and I will ensure that the Under-Secretary of State for Work and Pensions, my hon. Friend the Member for North West Hampshire (Kit Malthouse)—the Department for Work and Pensions administers the fund—is made aware of my right hon. Friend’s comments and of the case he has made today. I sense my ministerial colleague may well be writing to him in response to that specific point.

In conclusion, I wish to thank my right hon. Friend for providing this hugely valuable opportunity to discuss, once again, such an important and sensitive issue. It is of course a truism that death touches us all. For many of us, the funeral arrangements are something that can be planned for and managed, but for some they are something for which the local authority and local government must take on responsibility, in a sense representing the local community. I believe that many councils do so honourably and carry out their duties with utmost respect for the dignity of the deceased person and their family. However, as I have said, it is of deep concern that some allegedly do not. I conclude by exhorting those few to show the compassion and sensitivity any of us would wish to be shown were we to find ourselves in those circumstances. I also reiterate the clear commitment of the Prime Minister, this Government and myself, as a Minister, to work with colleagues to ensure that the system of public health funerals continues to provide that decency and decent send-off we would all wish for.

Question put and agreed to.

Haulage Permits and Trailer Registration Bill [Lords]

Debate between Edward Argar and John Hayes

2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons
Monday 14th May 2018 Commons Chamber

[Mr Hayes]

As the hon. Gentleman will remember, in an earlier phase of my celebrated ministerial career, when I was apprenticeships Minister—I expected at least a titter when I said that, but clearly people take it very seriously, which I am actually rather relieved about—we looked particularly at smaller businesses and their commitment to training and introduced a grant scheme for small businesses that took on apprentices. I think there is a case for looking at that again, particularly in sectors with the most pressing demand—and haulage might be one of them—but I will say no more than that, because I do not want to commit my right hon. and hon. Friends on the Front Bench to anything they do not want me to commit them to; I simply endorse his thoughts.

The Bill does two things: it provides powers that will support Britain’s hauliers to continue operating internationally after the UK leaves the EU; and it gives the Government the necessary framework to introduce new administrative systems if needed after exit. It provides the kind of flexibility I have described and, as has been said, under provisions in part 2, puts in place a trailer registration system in line with the Vienna convention, which, as you know, Madam Deputy Speaker, came to pass in 1968. It is a UN treaty designed to facilitate international road traffic and increase road safety by establishing uniform traffic rules, and has been signed and ratified by 75 countries. The Bill will allow us to apply it more comprehensively.

I do not want to delay the House any further, because I know that others want to speak—

[Edward Argar (Charnwood) (Con)]

Don’t stop! Do go on!

[Mr Hayes]

No. [Hon. Members: “Shame!”] I really feel that it is only fair to others to give them the opportunity to emulate my style and content.

Cardinal Newman—who, in my experience, is given insufficient attention during debates on road haulage—[Laughter]—said:

“Ten thousand difficulties do not make one doubt”.

Of course there will be difficulties in the process during the period following our departure from the European Union. It will be a cathartic process, and all kinds of challenges will have to be met. However, that does not of itself make an argument for not taking the right action now; it does not of itself add up to the profound doubts that some seem to have. I have confidence in the capacity, skills and determination of those in the industry, working with the Government, to continue to deliver what they currently do so well.

Let me end by mentioning an important haulier in my constituency with whom I discussed these matters this morning. That gentleman, Mr Robin Hancox, runs a business called FreshLinc. His fleet of vehicles brings fresh produce—food and flowers—from the continent to this country. He is determined that his business will continue to work post Brexit. He recognises that that will present some new challenges, but he is confident that the Government are doing the right thing in taking the necessary action to make the process as seamless as possible. I am confident too, which is why I can enthusiastically say that I not only endorse the Bill, but am willing, ready and able to support it.

--- Later in debate ---

[Edward Argar (Charnwood) (Con)]

I might not be able to emulate the knowledge and experience of my right hon. Friend the Member for Scarborough and Whitby (Mr Goodwill), the eloquence, erudition and elegance of delivery of my right hon. Friend the Member for South Holland and The Deepings (Mr Hayes), or the positivity of my right hon. Friend the Member for Clwyd West (Mr Jones), but I will equally seek to avoid the pessimism of the hon. Members for Middlesbrough (Andy McDonald) and for Kilmarnock and Loudoun (Alan Brown). I will seek to address the positives of this important piece of legislation, which is, as Members have said, a sensible preparation for different Brexit eventualities and for the delivery of a smooth Brexit for the people and businesses of this country.

The Secretary of State has been absolutely clear that he expects the UK to secure a good deal, and I share his positivity on that. He is right, however, to bring forward a precautionary contingency Bill. It is the action of a responsible Government to prepare for every eventuality. Indeed, it is also the action of a responsible Secretary of State, and I pay tribute to him for that. Of course, I hope that many of the Bill’s powers prove unnecessary, but it is right that we have them, and the regulation-making powers will allow the Secretary of State to create the regulatory architecture to cater for various scenarios.

My right hon. Friend and others have been clear about the importance of the haulage sector both to our economy and to each of us in our day-to-day lives. Lorries may not always be popular, but they are hugely important in making this country function. For the sake of brevity, I will not recount the statistics referred to by many Members, but they set out just how important the sector is to our economy. Not only is contingency planning important and responsible, but the economic imperative for each of us in our daily lives and for our economy is clear. The UK played a key role, starting in 1988 and continuing through the 1990s, in driving forward the liberalisation of haulage in Europe, and it is right that we are now acting to ensure that that continues. Baroness Sugg set out clearly in the other place our country’s reliance on the industry, particularly for foodstuffs.

At present, hauliers can move freely within the EU with the Community licence, and a standard international operator’s licence is also required for that. Alongside that system runs the European Conference of Ministers of Transport multilateral quota permit scheme. While not without its uses—it is extremely useful—the ECMT quota is small by comparison with the volumes of journeys and hauliers operating within Europe. The Road Haulage Association has expressed reservations about it being too restrictive. While useful, it is unlikely to address the long-term needs of the industry and the country. On our exit from the EU, the Community licence scheme will no longer be available, hence why this Bill is necessary and important. It must not only cover non-EU agreements and any permit-based deal but provide for other eventualities.

[Mr John Hayes]

The RHA has been quoted at length and repeatedly during this debate, but it has also said that it wholeheartedly supports the Government introducing contingency measures. While it wants seamless transport of the kind that we have all spoken of, the RHA recognises my hon. Friend’s point about the Government’s wisdom in bringing forward these measures.

[Edward Argar]

My right hon. Friend is correct. The RHA has adopted a constructive, engaged and positive approach, as he will know from his dealings with it when he was a successful Transport Minister. The Bill will also provide the Secretary of State with new powers to allocate permits and to charge fees, and with enforcement powers for different offences.

The trailer registration scheme is an obligation that derives from the UK’s ratification—albeit slightly belated—of the 1968 Vienna convention on road traffic, which we had signed but never ratified and which built on the 1909, 1926 and 1949 conventions. The ratification of the convention now is part of our responsible preparation for all eventualities. I suspect the main reason why it was so important to do it now is found in paragraph 3 of article 3, which states:

“Subject to the exceptions provided for in Annex 1 to this Convention, Contracting Parties shall be bound to admit to their territories in international traffic motor vehicles and trailers which fulfil the conditions laid down in Chapter III”.

That will help to provide for the continued free flow of cars and commercial vehicles so that traffic can continue as before, allowing the UK to issue international driving permits.

In order that we can comply with the convention and secure the benefits of it, it is important that the registration of trailers is brought forward. The Department has been clear that it proposes mandatory registration for commercial trailers over 750 kg and all trailers over 3.5 tonnes used for international purposes, but not for domestic use. Such a reasonable and measured approach will ensure that caravans, horseboxes and so on are not necessarily caught by the scheme. However, I note that that is not specifically detailed on the face of the Bill, although the Minister in the other place made the point clear. The Bill also enables the Secretary of State to make regulations for such a scheme to be brought in.

On the subject safety, it is a pleasure to follow the hon. Member for Bristol South (Karin Smyth), who has done so much in this place with her “Tow Safe for Freddie” campaign, following the tragic death of Freddie Hussey. She has been passionate and determined in her pursuit of that cause, as I know some of their lordships were. I hope that the Minister, in his usual thoughtful and sensitive way, will pay due heed to what their lordships and the hon. Lady have said and will address her comments in measured, sensible tones.

I welcome this sensible piece of contingency planning by the Secretary of State—I pay tribute to him for his foresight—and the enabling framework that it provides. I suspect that there may be little actual change and that the powers may prove largely unnecessary following the negotiation of a successful deal, but it is right that we plan for all eventualities and ensure continued liberalised traffic and haulage for the future. That sensible approach reflects not only pragmatism but the Government’s clear and focused determination to secure a good deal for Britain, which is in sad contrast to the chaos and contradiction that characterise the Opposition’s policy as we deliver our exit from the EU. I again commend the Secretary of State for his foresight and sagacity, and I am pleased to support the Bill.