Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Bill Debate

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Department: Ministry of Housing, Communities and Local Government

Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Bill

Edward Leigh Excerpts
3rd reading: House of Commons & Report stage: House of Commons
Tuesday 15th May 2018

(6 years, 6 months ago)

Commons Chamber
Read Full debate Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Act 2018 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 1 May 2018 - (1 May 2018)
Pete Wishart Portrait Pete Wishart
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Let me say to the right hon. Gentleman that he may not take this seriously, and Conservative Members may not take this seriously, but I understand the importance and the significance of this English Parliament sitting in this House of Commons and I will not deride that opportunity. I stand here inviting English Members to get to their feet and to explain passionately and eloquently why they need this opportunity to debate these English-only Bills.

English Members have every right to be outraged that they have not previously had these opportunities. That is why, given that they have this opportunity today, I am fully expecting them to spring to their feet to ensure that this Parliament is properly respected. I will tell you something, Dame Rosie: Scottish National party Members fully respect the right of English Members to speak in their Parliament. We expect to hear speeches full of passion from hon. Members who have this fantastic opportunity in front of them, because we know that the English voice must be heard. It is a voice that demands its right, and today all of England will be hearing from its proud tribunes as they get to their feet in vast numbers to articulately and compellingly put that English voice. I remember why we have this Parliament, and I remember those speeches when we changed Standing Orders so that we could secure this Parliament. Can you remember, Dame Rosie, all these perfidious Scottish Members of Parliament coming down to this Parliament to make sure that that voice was going to be overridden by Caledonian votes; the hordes coming forth off that border to make sure that the outcomes were to be influenced by Scots Members of Parliament. I remember the eloquence with which that was put, why that had to be rejected, why the English Parliament was necessary, and why English votes for English laws had to be an enduring feature of this House.

Edward Leigh Portrait Sir Edward Leigh (Gainsborough) (Con)
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The hon. Gentleman protests too much. We all know that, deep in his heart, he loves being here. He loves engaging in the Union Parliament; he would be bored stiff in Holyrood.

Pete Wishart Portrait Pete Wishart
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I wholeheartedly congratulate the hon. Gentleman on being the first English Member of Parliament to speak in an English-only debate in a Legislative Grand Committee of the quasi-English Parliament who is not from the Scottish National party and is not a member of the Government. Well done to him; he is charting and pioneering a way for all his colleagues now to follow. Speak in your English Parliament and raise your English voice!

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Pete Wishart Portrait Pete Wishart
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I will leave the right hon. Gentleman to take that up with my good friend from Na h-Eileanan an Iar, who I have to say I find much more convincing when it comes to some of the great constitutional issues of the day. I am more than persuaded by my hon. Friend’s eloquence.

Edward Leigh Portrait Sir Edward Leigh
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So what is in the Bill? What is wrong with it?

Pete Wishart Portrait Pete Wishart
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I beg patience from the hon. Gentleman. There is so much to say. I have done my study on the Bill, and I think it is important. I have a list of 425 English towns where the Bill will have an impact—I have everything from Aylesbury all the way through to Witham and Wisbech—and I am going to go through every single one of those towns to speak about how some of the curtilage-related issues are being dealt with. I do not want to leave out any part of England. It is important that no part of England is left behind in these debates, and if English Members are not prepared to speak about their constituencies, it will be left to Scottish National party Members to do it. We will not shirk our responsibility to ensure that the English voice is heard. That is our job today, and I am determined that we will fulfil it.

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Let us think about having a house and using different parts of it for different purposes. That is an important distinction to make. I know that in my house I have bedrooms, kitchens and sitting rooms, so I use my house for different purposes. It is therefore quite right that, when he made the ruling, Denning was quite clear in saying that parts of a house are sometimes used for different purposes. That is an important lesson from a very important man.
Edward Leigh Portrait Sir Edward Leigh
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Is the hon. Gentleman seeking to take a leaf out of the book of the Irish nationalists in the 19th century and, by filibustering and talking complete rubbish, bore the Union to death?

Pete Wishart Portrait Pete Wishart
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I take great exception to what the hon. Gentleman has said. This is an important Bill; he may not be interested in the words of Denning LJ, but my colleagues and I are. We want to make sure that this House is aware of the weighty views of Denning LJ, whoever he may be.

So there is a general rule. It had been the practice of the Valuation Office Agency that where units of property were contiguous—that means “touching”, I believe—and in the same occupation, they received one rates bill. I think the Government have been really generous in offering examples of how all this might work. That is why, when considering a Bill such as this, it is very important that we take everything into account.

The exceptions are important. The general rule, obviously, is as well—because a general rule is a guiding principle on how we approach these issues. But the exceptions are also important because they could lead to precedents. This is where we start to get into dangerous territory. In elegant legislation, the general rule applies nearly universally. When legislation has a number of exceptions, we start to get into certain territory—I know how difficult it is for the Clerks to design legislation with too many exceptions. We have to be careful when designing legislation. When the generalities of rules and what we want to achieve in legislation tend to be universal in concept, it is important to understand exceptions and all the other things that may influence future legislation by becoming precedent.