Local Audit (Public Access to Documents) Bill
Debate between Edward Leigh and Christopher ChopeFriday 24th March 2017
(7 years, 8 months ago)
Commons ChamberRead Full debate Local Audit (Public Access to Documents) Act 2017 View all Local Audit (Public Access to Documents) Act 2017 Debates Read Hansard Text Amendment Paper: Consideration of Bill Amendments as at 24 March 2017 - (24 Mar 2017)
Mr Chope
I am told by my hon. Friend the Member for Bury North from a sedentary position that the Committee lasted only 11 minutes. I am sure that he will be able to explain further in due course.
Currently, a person who is registered as an elector in a local authority area has the right to inspect and have copies of a wider range of accounts and related documentation under section 25 of the 2014 Act and therefore has no additional benefits under section 26. Amendment 2 addresses the issue of electors in other local authority areas, who have no such rights unless they can show that they are “persons interested” under section 26. At no time, in my submission, has it been more important for electors in other local authority areas to be able to see what is going on elsewhere. Following the abolition of the Audit Commission, which provided easily accessible local authority data, it has become more difficult to make comparisons, despite the importance of comparative data for accountability and policy making.
Sir Edward Leigh (Gainsborough) (Con)
I chair the Public Accounts Commission, and we have been looking at the accountability of local government. My hon. Friend makes a good point: the National Audit Office, which audits all central Government Departments—a massive task—is now effectively the auditor of local government. Although I favour the reform, my hon. Friend is right to raise the fact that there is undoubtedly much less detailed inspection of local government audit and finance as a result.
Mr Chope
My hon. Friend speaks with great knowledge and experience on this matter. The amendment is, in a sense, supported by my hon. Friend the Member for Calder Valley (Craig Whittaker). On Second Reading, he intervened on the Minister to ask,
“might not the Government—in the interests of honesty, openness and accountability—consider…opening things up completely, well beyond the intention of the Bill, so that anybody can access this information?”
The Minister, my hon. Friend the Member for Nuneaton (Mr Jones), said,
“I shall come on to that point a little later and explain why the balance is right.”—[Official Report, 25 November 2016; Vol. 617, c. 1211.]
Unfortunately, apart from asserting that the measures in the Bill were proportionate, the Minister never got on to that important point. I hope that the Under-Secretary of State for Communities and Local Government, the hon. Member for Brigg and Goole (Andrew Percy), will be able to address that shortcoming.
I was somewhat perplexed by a comment made by my hon. Friend the Member for Brigg and Goole, who was the Minister in Committee on 7 February:
“I am reminded of Margaret Thatcher, who in her maiden speech introduced the Public Bodies (Admission to Meetings) Act 1960, which was in a similar vein; it was about opening up local government to journalists and other interested parties.”––[Official Report, Local Audit (Public Access to Documents) Public Bill Committee, 7 February 2017; c. 4.]
With the greatest respect to my hon. Friend, I think that the core of Margaret Thatcher’s Bill was ensuring that the public had access, which is what I seek to achieve with this amendment. We need more open, public access, just as the late Baroness Thatcher wanted the public to have access to local authority meetings. Her references to journalists in the 1960 Act were mostly about ensuring that accredited representatives of newspapers who attended such council meetings were provided with reasonable facilities for taking their report. I do not think it is fair to pray in aid our distinguished former Prime Minister as a supporter of the Bill, but not amendment 2. I suspect that the noble Baroness would have been a strong supporter of the amendment.
The amendment is highly relevant in the current climate, in which many councils seek to reorganise themselves into new structures—you know that as well as anybody does, Mr Speaker. At district council level, Buckinghamshire, Dorset, Lincolnshire, Oxfordshire and Kent are all toying with that idea, and I have no doubt that many others will do so. At present, it is difficult for a local taxpayer to get hard access to information about what is happening in another council, despite the fact that that local council may aspire to take over the assets and income of the council in which the taxpayer is resident.
I will illustrate that point with an example from Bournemouth. In speaking of Bournemouth, may I say how proud those of us who live near Bournemouth are of the way in which my hon. Friend the Member for Bournemouth East (Mr Ellwood) conducted himself on Wednesday? That was an example of public service at its best, and I fear that what I am about to say compares very unfavourably with his conduct.
Sir Edward Leigh
I want to speak directly to my hon. Friend’s amendment in terms of understanding what other local authorities are doing. I see the Minister sitting in his place. We have had hugely controversial arguments in Lincolnshire about whether to have a mayor, and I and others managed to defeat that. There is now a proposal—it is only a rumour—that North Lincolnshire Council may want to take over or merge with West Lindsey, which I represent. As an elector of West Lindsey, I have absolutely no way of knowing what is going on in North Lincolnshire. I think that if that is being discussed in private, electors in West Lindsey, who have a crucial interest in that, should have a right to know what is going on.
Mr Chope
My hon. Friend makes a good point, and it is in essence what I have been saying about the position in Bournemouth. If Bournemouth is to take over or merge with Christchurch in a unitary authority, the people in Christchurch need to know the nature of Bournemouth Borough Council’s debts and liabilities and how it conducts its proceedings, particularly in planning. One of the key losses in such a merger would be the loss of Christchurch Borough Council’s control over its own greenbelt and planning policy. That is one of the biggest concerns that my local residents have. They fear that they will lose control over the quality of their local environment, which they currently control through local planning policy.
The amendment seeks to ensure that anybody can get access to such information, rather than just limiting it to journalists. Obviously, the information to which I referred earlier will become available only when the audit for this financial year is conducted, and that may be rather later in the day than most people would wish.
Mr Chope
My hon. Friend has tried, probably very successfully, to torpedo my amendment. I accept the implied, or even indeed the express, criticism that he has articulated. However, I would fall back on the general common-law interpretation of “politician”, which is probably the best way of dealing with that, without specifically having to define it in the amendment.
Amendment 4 would clarify the law by making it clear that “persons interested” also includes non-domestic ratepayers. I raise that issue because it was the focus of the court case of R. (on the application of HTV Ltd) v. Bristol City Council, reported at EWHC 1219. Paragraph 48 of the judgment of Mr Justice Elias on 14 May 2004 said that he had
“reached the conclusion that the interest which the claimant has as a non-domestic ratepayer is sufficient to bring it within the concept of ‘persons interested’.”
In that case, Bristol City Council had argued to the contrary, citing in support the changes to non-domestic rate legislation in the Local Government Finance Act 1988. With forthcoming changes—the introduction of the 100% retention of business rates, and the pooling of business rates across local authorities—it is worth using this opportunity to clarify and put on the record that the existing legislation should expressly incorporate the rights of non-domestic ratepayers. That is the background to amendment 4.
Amendments 5 to 7 are alternative ways of limiting the term “journalist” in the Bill to real journalists. It is noteworthy that section 1(4)(c) of the 1960 Act provides that
“duly accredited representatives of newspapers attending for the purpose of reporting the proceedings for those newspapers shall…be afforded reasonable facilities”.
The National Union of Journalists website sets out what is needed to establish that someone is an accredited journalist. An accredited journalist must have
“Employer Identification: Business card, employer I.D. badge, or letter of assignment on corporate letterhead. (Letterhead must identify media outlet name, address and phone)”
and
“Proof of Assignment: Sample by-lined article published within the past 6-months, or current masthead that includes the reporters name & title, or official letter of assignment from a media outlet.”
Those are necessary, for example, for a person to be admitted to a press conference as an accredited journalist. It seems to me that if we are to extend such rights to journalists, we should encourage those journalists to be accredited, rather than amateur journalists.
Sir Edward Leigh
Why? We are moving into a completely different digital age in which people can set up blogs and Facebook pages. This is just inevitable, and my hon. Friend is slightly living in the past when he talks about the NUJ and journalists having to be accredited. He is just trying to put his finger in the dam, and it is not going to work. We need to have complete openness and complete transparency.
Mr Chope
That is the first time that anyone has suggested I am living in the past. To take my hon. Friend’s point, if we are to give privileged access to journalists—our hon. Friend the Member for Aldridge-Brownhills is seeking to give journalists privileged access compared with other members of the public—those journalists need to be qualified in the sense that they understand the law, not just people who are prejudiced or not objective and who do not have the standards that we normally expect of journalists. My feeling is that if we are to give them special privileges, they should be duly accredited.
As I have said, I have expressed that point in alternative ways: we could also refer to them as professional journalists. As you may know, Mr Speaker, there is a society called the Society of Professional Journalists, which requires a professional journalist to adhere
“to a strict code of ethics so as to maintain and preserve public trust, confidence and reliability”—
I am sure my hon. Friend the Member for Gainsborough (Sir Edward Leigh) thinks it important that journalists should adhere to a strict code of ethics—
“To ensure this the process of ‘gate keeping’ is upheld within mainstream media. This relies on all experienced and trained journalists and editors to filter any nonfactual information from news reports before publication or broadcasting.”
I do not want to go into the whole issue of fake news, but it is probably now more important than ever for us to ensure that there is some basis for the reports put forward by journalists, and how can that be policed unless by a body such as the National Union of Journalists or the Society of Professional Journalists?
Sir Edward Leigh
My hon. Friend speaks with authority and knowledge, so this intervention is a genuine request for information. We have the Freedom of Information Act 2000. I would like to hear from him—I suspect the House would like to hear it, too—how the ability of a member of the public to get information about local authorities relates to his or her freedom to get information about central Government.
Mr Chope
I do not hold myself up as an expert on the Freedom of Information Act, but local authorities are subject to it, just like any other public body. Freedom of information depends on being able to know what question to ask. Quite often, it is only when one looks at the accounts, or documents relating to the accounts, that we know what question to ask. Freedom of information powers can be more potent because they can be exercised at any time and the local authority is under an obligation to respond within, I think, 20 days or a reasonable period. They can be more potent, but the base information that enables people to understand what questions they really want to ask can probably be ascertained only by inspecting the documents.
Mr Chope
My hon. Friend may make a fair point. One problem is that some councils are really open and transparent. They receive very few freedom of information requests because they make information available. I will come on to an example where that has not been happening, and even councillors say, “Will I have to make a freedom of information request to get information from the chief executive of the council on which I serve?” That situation is intolerable. A lot depends on the culture of a council.
I was first elected to Wandsworth council in 1974—this is going back a long way—in the aftermath of a big corruption scandal. Immediately prior to 1974, the housing committee chairman of the Labour council had been sentenced to a term of imprisonment for receiving corrupt payments from someone called T. Dan Smith. After that, the culture in Wandsworth changed: everything was open. Tender documents were open, so everyone could see what was happening. It is a pity that that transparency is not the norm in so many councils throughout the country.
Amendment 12 would remove the restriction in section 26(4)(a) of the 2014 Act on the entitlement of a person
“to inspect…any part of any record or document containing information which is protected on the grounds of commercial confidentiality”.
There is an interesting interaction between the freedom of information rules and the rules relating to a council’s access to documents under the powers in the 2014 Act. The amendment does not go the whole way—it would not remove the restriction on copying—but it was inspired by a recent set of events in Christchurch. Local people wanted to get to the truth of an extraordinary episode.
You will remember, Mr Speaker, that we had an Adjournment debate about beach huts in Christchurch just before the summer recess. During that debate, I drew the House’s attention to an extraordinary state of affairs. Christchurch borough council had entered into an agreement with an organisation called Plum Pictures to develop overnight residential beach huts as part of a competition organised by the Channel 4 programme “Amazing Spaces”. It did not need to obtain planning permission. There was a big stink about it all, and—partly, I think, as a result of the Adjournment debate—the contract was aborted. The council’s scrutiny committee then started an inquiry.
Despite the recommendations of the committee, which reported two or three weeks ago, the councillors have still not been shown a copy of the original contract, although it had been negated. The council is citing commercial confidentiality. I wrote to its chief executive on 3 August last year asking to see a copy of the competition and access agreement with Plum Pictures, but I have still not received a response. I had been waiting for the result of the scrutiny committee’s inquiry, but the chief executive is apparently not obliged even to comply with its recommendations.
On Second Reading, my hon. Friend the Member for Eddisbury (Antoinette Sandbach) said:
“Clearly, the aim of the Bill is to throw the light of transparency on council proceedings where taxpayers’ money is being spent. In that regard, it is vital that commercial confidentiality is not used as a tool to hide documents and that these proceedings become more open.”—[Official Report, 25 November 2016; Vol. 617, c. 1203.]
I know that amendment 12 has the support of colleagues who participated in that debate.
Amendment 13 complements amendment 12 by enabling past as well as current contracts to be looked at. Amendment 14 would remove the definition of commercial confidentiality from the Bill so that it relied on existing common law. There is a mass of documentation about common-law commercial confidentiality, linked with the rules relating to freedom of information. In view of the time, I shall not go into the details now, but it seems to me that if we want the Bill to achieve its objective, there is no point in maintaining the ability of councils to impose a complete closedown by asserting that information is commercially confidential—which is all that has to happen.
The amendments would enable a member of the public to look at the document concerned, although not to copy it, and then to make his or her own assessment of whether it was commercially confidential, and whether it was in the public interest for it to be made more widely available. I think that the current tight drafting, and the restrictions on any material that is, or may be, commercially confidential, is a big weakness in the Bill.
I said at the beginning of my speech that I would keep the most radical amendment until the end. Amendment 10 would extend the right to inspect documents relating to the accounts of a health service body. I do not understand why, at a time when there is so much public concern about what is happening in various branches of the NHS—whether it be trust hospitals, clinical commissioning groups or other organisations—we are not allowing members of the public to have access to the relevant documents. We know, for example, that some NHS chief executives and other staff and administrators have received massive pay-offs. At the end of the day, the costs are not just borne by the national taxpayer but are taken out of local budgets, because they are allocated to clinical commissioning groups such as the one in Dorset.
I ask my hon. Friend the Member for Aldridge-Brownhills this question: why should not local people, including local journalists, be assisted by the Bill? On Second Reading, the Under-Secretary of State for Communities and Local Government, my hon. Friend the Member for Nuneaton, said:
“by giving journalists the right to access recent accounting information from a range of local public bodies, the Bill will assist them in ?their investigations”. —[Official Report, 25 November 2016; Vol. 617, c. 1210-11.]
Sir Edward Leigh
My hon. Friend is on to a very good point. We are dealing with a powerful issue, and there is not really enough time for us to discuss it today, but let me explain what I want the Bill to do. Again, I am addressing the Minister, because I think that the Government must get a grip on this. I want a culture that enables all members of the public—not just members of the National Union of Journalists, not just cliques, not just councillors, not just Members of Parliament—to have access to the accounts of not only those who work in local government and health services but those who work in academies, where huge salaries are often paid. That is what should happen in a modern age.
Mr Chope
I hope that the Minister will be able to respond to what my hon. Friend has said. I know that health is not his direct responsibility, but I am sure that he will have been briefed by his colleagues, because he obviously had notice of the amendment.
Surely this is an opportunity for the Government to demonstrate again to the public of the United Kingdom that they are on their side and will do everything in their power to ensure that there is proper scrutiny and accountability in relation to bodies that consume so much public resource. In my area, there continues to be a big conflict over a proposed merger between Poole hospital and the Royal Bournemouth. Eventually, during the last Parliament, I was able to persuade the Competition and Markets Authority that the merger should not be allowed to go ahead.
However, I have been told that covert discussions are taking place, and that the two hospitals are trying to persuade the authority to change its normal rule—that a merger cannot proceed within the next 10 years—in this particular instance. However, it is all happening under the radar: Joe Public does not know about it. That strikes me as another example of the sometimes cavalier way in which some of our local health organisations are operating.
Points of Order
Debate between Edward Leigh and Christopher Chope
Mr Chope
In a section headed “Making Commitments on the Floor of the House”, paragraph 23.42 of the Cabinet Office guide to making legislation, published in July 2015, states:
“Parliament will hold Ministers to any commitments they make on the floor of the House which are recorded in Hansard. Ministers must, therefore, take care during debates not to make any commitments for which they do not have collective agreement”.
My point of order, Mr Speaker, is how can Parliament hold Ministers to those commitments that have been made on the Floor of the House?
Briefly, the background is this. In recent days, my right hon. Friend the Secretary of State for Communities and Local Government and the Under-Secretary of State for Communities and Local Government, my hon. Friend the Member for Nuneaton (Mr Jones), have told me, the leader of Christchurch borough council and the mayor of Christchurch that they do not regard themselves as bound by the commitment made by the Government to the House on 7 December 2015. On that day, I asked the then Secretary of State:
“Will my right hon. Friend give the House an assurance that amendment 56 will not be used by the Government to force change on any local authority?”
The Secretary of State replied:
“I will indeed.”—[Official Report, 7 December 2015; Vol. 603, c. 822.]
That is pretty clear, and my hon. Friend the Member for Gainsborough (Sir Edward Leigh) received a similar commitment. How can we hold the Government to account for the commitments that have been made?
European Convention on Human Rights
Debate between Edward Leigh and Christopher Chope(8 years, 6 months ago)
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Mr Chope
The hon. Gentleman has made his point very well. However, I am concentrating on what the Home Secretary said. She seemed to be announcing a Government policy that the United Kingdom should leave the convention but stay in the EU. Her speech led to an urgent question, which was granted by Mr Speaker, and I—and other people who were present on that occasion—could not understand how we were going to be able to deliver the Home Secretary’s agenda on human rights if we remained in the European Union and subject to the EU charter of fundamental rights.
Questions were raised by Members during those exchanges, and it became clear that the Home Secretary—and, indeed, the Government—were indeed rather muddled about this. One of the questions that was asked was whether membership of the European Union required us to be a party to the European convention on human rights. The Home Secretary was not answering the urgent question. The Attorney General answered, as a Law Officer. He said:
“It is not…in any way clear that membership of the European Union requires membership of the European convention on human rights…there are considerable legal complexities”.—[Official Report, 26 April 2016; Vol. 608, c. 1291.]
My hon. Friend the Member for North East Somerset (Mr Rees-Mogg) then cited article 6.3 of the treaty on European Union, which states:
“Fundamental rights, as guaranteed by the European Convention…shall constitute general principles of the Union’s law.”
He went on to refer to the fact that the Commission had said that any member country of the European Union that sought to disengage from the European convention on human rights might have its voting rights suspended.
Then, as so often happens in this House, my hon. Friend the Member for Wellingborough (Mr Bone) asked a really pertinent question. He said:
“Can a country remain in the European Union and still come out of the convention? What is his legal opinion on that?”
The Attorney General replied:
“As I have suggested, the legal position is not clear.”
He went on to say that he did not
“have the time to go into all the ins and outs of that particular question now, but I suggest it would also be wrong to say that it is clear in the opposite direction.”—[Official Report, 26 April 2016; Vol. 608, c. 1301.]
So that was what the Government were saying about this particular matter.
This morning, I heard the Prime Minister chiding Brexiteers for having no clear comprehensive plan for life outside the EU, but that was a classic case of the pot calling the kettle black. As I have just said, the Prime Minister and the Government have no clear plan for life inside the European Union if there is a remain vote on 23 June. They do not know what will happen to their human rights agenda. There are many other examples beyond that.
It is a failure by the Government not to address this issue up front, and to leave it hanging in the air pending the referendum. We have had some quite clear advice from lawyers of great distinction. For example, Lord Woolf said:
“You can legally reconcile the doctrine of the sovereignty of Parliament with the European Convention on Human Rights. You cannot do that with regard to the European Charter, because the position there is that you can trump a statute.”
Lord Woolf was being quoted there in the House of Lords paper 139, which was published today. We now have a situation in which the Home Secretary seems to be arguing that we would be more secure if we left the convention on human rights but retained European law relating to fundamental rights.
I should like to give the House some examples of how EU law is undermining our security. In The Sunday Telegraph yesterday, it was reported that six Algerian terror suspects with links to Osama bin Laden and al-Qaeda were to be allowed to stay here after a 10-year battle in the courts. I think that the Under-Secretary of State for Justice, my hon. Friend the Member for Esher and Walton (Mr Raab) has made the point that the number of people fraudulently trying to gain entry into the United Kingdom has almost doubled in a year. That is because those people realise that we do not have the power to turn them away at our borders if they are waving a European Union identity document.
I was speaking at a conference on European freight security last week, at which it became apparent that we are not allowed to X-ray lorries in Calais to see whether they contain illegal migrants because it might be damaging to the human rights and health of those illegal migrants. That is another example of how human rights laws undermine our ability to keep our borders secure. Another example is that we are not allowed to take DNA samples from migrants who refuse to give their fingerprints when they enter the European Union, which is expressly prohibited by the Eurodac regulations.
Then we have the example, which came out a couple of months ago, of Abu Hamza’s daughter-in-law. We found out that she was his daughter-in-law only through a freedom of information request. An advocate-general in the European Court of Justice said that it was in principle contrary to European Union treaties to remove the lady from the United Kingdom, notwithstanding the fact that she had been convicted and sentenced to a year’s imprisonment. It was subsequently revealed that she had been convicted of attempting to smuggle a Sim card to Abu Hamza while he was in a high-security prison, but even that grave crime was insufficient to allow the courts to remove her from the United Kingdom because of the intervention of the European Court of Justice, which exercised its powers under the EU’s fundamental rights laws.
I cannot understand how the Home Secretary can consistently argue that we should stay in the European Union when the logic of everything she said in her speech was that we should be leaving the EU. It is potentially misleading for members of the public to think that they can have their cake and eat it by leaving the European convention on human rights while still remaining subject to the European Court of Justice.
Sir Edward Leigh (Gainsborough) (Con)
Perhaps all these complexities explain why so little progress is being made on our manifesto commitment to leave the European convention on human rights. When the Minister replies, I hope that he will make it clear that the Government have not gone cold on that.
Mr Chope
I hope that the Minister will be able to respond to that. We had a debate towards the beginning of this parliamentary Session in which the Minister made it clear that the Government intended to bring forward a consultation document on this sooner rather than later. I think he envisaged that that would be before Christmas, but it then became after Christmas and now it is after the referendum. They were talking about a consultation document, so why can we not have even a discussion? I fear that it has been kicked into the long grass on the instructions of No. 10, because it was realised that it would lead to lot of awkward questions. The Government have demonstrated throughout the course of the referendum debate that they are quite happy to ask hypothetical questions and complain when people are unable to answer them, but they are unwilling to respond positively to the questions that people are asking them.
Foreign National Offenders (Exclusion from the UK) Bill
Debate between Edward Leigh and Christopher Chope(8 years, 8 months ago)
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Sir Edward Leigh (Gainsborough) (Con)
I am very grateful to you, Madam Deputy Speaker, for calling me to speak on this important Bill. The House will be relieved to hear that my comments need not be very long, because my hon. Friend the Member for Kettering (Mr Hollobone), with his characteristic courtesy, skill and devotion to the procedures of this House, has made such a comprehensive case in favour of the Bill that I cannot for the life of me understand why anybody would oppose the entirely common-sense proposals that he is elucidating this morning.
As we have heard, this issue is of enormous importance. Some 10,000 of our prisoners in custody are foreign nationals, but only about 1,000 recommendations for deportation are made each year. That is even more surprising given that this has been a matter of national debate for so long. There is immense public interest in this issue. Only this week, Rod Liddle, who is not an hon. Friend but a well-known journalist, wrote a most interesting article in The Spectator on precisely this subject. This is a not just a matter for a quiet Friday morning in the House of Commons, but a subject that is constantly discussed all over the nation.
Rod Liddle, in his inimitable way, portrayed the problem we are dealing with. We have heard that there are all these people gumming up our prisons who are not deported, but at last, apparently, the Home Office had decided to get tough in the case of Myrtle Cothill, a
“South African widow aged 92 who wished to see out her final days with her daughter in the UK.”
But the Home Office said “tough luck, Myrtle” and told her she had to get on the next plane and leave the country.
Last week, I mentioned the case of a leading American Shakespearean scholar, who was frogmarched to the airport by the Home Office because he had stayed a few days longer. What the public cannot understand is why so many good people are being kicked out of our country, not least Myrtle Cothill—although after a national campaign and a huge petition, the Home Office finally relented—and yet all these convicted criminals are not being deported, at a massive cost to our taxpayers of up to £1 billion.
Mr Chope
Following our debate on this subject last week, I have received correspondence from people who are not my constituents but who know people—for example from the United States—who are being picked on in most unsatisfactory circumstances. It seems that the Home Office is going for the soft-touch people.
Sir Edward Leigh
That is the problem. Is the Home Office going for soft-touch people? We had that debate last week with the Under-Secretary of State for Refugees. He gave a skilful performance from the Dispatch Box, but he could not really deny my hon. Friend’s impeccable case. Indeed, the Minister admitted that there are more than 30,000 illegal asylum seekers who cannot be deported, on top of the people we are talking about today, and all that has to do with the Dublin convention and the Human Rights Act 1998.
There was a firm pledge in the Conservative party manifesto to deal with article 8 of the European convention on human rights. There has been massive controversy and publicity about that, and I cannot understand why we are still waiting. I hope that when the Minister replies to the debate, she will tell us what has happened to our reform of human rights legislation, because this is a matter of great public interest.
Rod Liddle gave some interesting examples of such cases, and others have been enumerated in other newspapers. Let us consider the case of Baghdad Meziane. Baghdad is a convicted al-Qaeda terrorist, with links to the appalling people who committed that atrocity in Paris recently. As Rod Liddle states:
“He was convicted in a British court of raising money for al-Qaeda (and also of the ubiquitous credit-card fraud) and sentenced to 11 years in prison. At his trial the judge pointed out, perhaps unnecessarily, that Meziane was a very dangerous man and recommended deportation once his term of incarceration had expired.”
But no. This “very dangerous” and unpleasant man, was actually released from prison five years early and allowed to return to Leicester. He was not put on the first available plane to Algiers, whence, despite his name, he originates.
“Baghdad argued that to deport him would contravene his human right to a normal family life.”
Therefore this man, this dangerous individual, has been released back into our community in Leicester because he claims a right to family life, and despite lengthy legal battles, all our debates, and the Home Secretary’s attempts at legislation, in Leicester he now resides.
Sir Edward Leigh
Like my hon. Friend, I, too, am a lawyer. We are only doing our jobs. Give us unclear law and a client to represent, and we will put forward our best case. It is up to the Government to give us clear law. Judges have been known to reconsider deportation on appeal if they feel that it is a punishment disproportionate to the crime committed. That even happened in the case of a crime that resulted in death, in Gurung v. the Secretary of State for the Home Department. If the law is unclear, we open up all sorts of possibilities for lawyers to drive a coach and horses through what we are trying to achieve.
Sir Edward Leigh
That is an interesting point. As usual, the common law of our country, developed more than 1,000 years ago, has an enormous amount of common sense. Perhaps we should worry less about bringing in more laws and more about enforcing present common law.
I will come to the end of my speech in a moment, to allow others to speak. To be fair to the Government, they have tried to do something because of the massive public debate. When the Minister responds to the debate, I suspect she may say that the Bill is not necessary because there is already legislation to deal with the problem. Is she shaking her head, or she is nodding? It is not fair of me to interpret her sedentary signs. However, that is a common response from Ministers.
Let me end on this point. Section 32 of the UK Borders Act 2007 provides:
“The Secretary of State must make a deportation order in respect of a foreign criminal”
if they have been convicted of an offence and sentenced to at least 12 months’ imprisonment. The Act specifies that in those circumstances the deportation of persons will be
“conducive to the public good”
for the purposes of the Immigration Act 1971. Section 33 of the 2007 Act, as amended, identifies six exceptions to automatic deportation. In addition, section 3(6) of the 1971 Act provides that non-British citizens over the age of 17 are liable to deportation from the UK if they are convicted of an offence punishable with imprisonment and their deportation is recommended by the court, although the 2007 Act has somewhat curtailed the scope for criminal courts to make recommendations for deportation. A person cannot return to the United Kingdom while a deportation order remains in force against them, although they can apply for the order to be revoked.
I am sorry to have read out those points. I do not want to sound too much like a Minister—[Hon. Members: “No!”] God forbid. But one would think, would one not, that the law was clear, given the 2007 Act, coupled with the Immigration Act 1971 and recent pronouncements by the Home Secretary? One would think that clear powers were available to Ministers to deal with the problem and deport these people. However, that is simply not happening. There are still 10,000 of them in our prisons, and many of them are living in our communities having left prison and not been deported. I am worried about what is happening on the ground. We have in power for the best part of six years, and this has been an issue of public debate for many more years, so I should like the Minister to explain why we are still waiting for action.
The problem involving the European Union has already been mentioned, but I want to say something about European economic area nationals. The scope to deport EEA nationals is restricted by European law. Specifically, directive 2004/38/EC—often referred to as the free movement of persons directive or the free movement of citizens directive—sets out the circumstances in which an EEA national with a right to reside in another member state, or the family member of an EEA national, may be expelled. The directive does not specify any particular sentence thresholds that must apply to expulsion cases. Instead, it requires that expulsion must be proportionate and based exclusively on the personal conduct of the individual concerned and the level of threat that they pose to public policy or public security. Previous criminal convictions cannot, in themselves, be grounds for expulsion, nor can expulsion be justified on general prevention grounds. Furthermore, more demanding grounds are required to deport EEA national offenders who have resided in a host member state.
In November, in a letter to Donald Tusk, the Prime Minister set out the United Kingdom’s demands for reform in the area of immigration and social benefits, which included a demand to:
“Crack down on abuse of free movement, e.g. tougher and longer re-entry bans for fraudsters”
—this is the Prime Minister speaking, not me—
“and those involved in sham marriages, stronger powers to deport criminals and stop them coming back”
—some of that is in bold type—
“addressing the inconsistency between EU citizens’ and British citizens’ eligibility to bring a non-EU spouse to the UK, and addressing ECJ judgments that have made it more difficult to tackle abuse.”
Moreover, in the Conservative party manifesto, on which we all stood and which we wholeheartedly endorse in every single respect, we said:
“We will negotiate with the EU to introduce stronger powers to deport criminals and stop them coming back, and tougher and longer re-entry bans for all those who abuse free movement”.
Why is there so much dissatisfaction with politicians? Perhaps it is partly because, despite what we sometimes say in letters to high officials of the European Union or in our manifestos—we stated specifically in the Conservative party manifesto that we would deal with this problem and deport these people, and that a negotiation was taking place—we are still discussing this issue on a Friday. I predict that we will not secure the Minister’s agreement to this Bill, or to a Bill like it, but the matter is urgent and should be dealt with.
Illegal Immigrants (Criminal Sanctions) Bill
Debate between Edward Leigh and Christopher Chope(8 years, 8 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Mr Chope
I would indeed like to see such a process, but for deportation rather than extradition. The Bill specifically states that if illegal migrants are convicted, the courts should recommend deportation as a matter of course, but that is, at present, very much the exception. As a consequence, as soon as people arrive in this country—although they may have come here by means of subterfuge, with false documents and so on—they think that if they are caught, they will effectively never be deported.
We know that, currently, a mass—tens of thousands—of what are described as failed asylum seekers are in this country, and have not been deported. The figures, which I have somewhere, suggest that the number of deportations of failed asylum seekers is at a 10-year low, yet we know that the number of people seeking asylum last year was at a record high. Why are so few of those people being deported? I think that it is because the Government are not taking seriously the need to deter, and to enforce the existing law in the 1971 Act. Given those figures relating to failed asylum seekers, how can the Government say that their focus is on “removal…rather than prosecution”, because removal is less quick and less costly? The facts do not seem to bear that out.
So what are the facts? We know that of those who have come here illegally, fewer were subjected to enforced removal last year than in any of the previous 12 years for which we have statistics. In 2004, 21,425 people were subjected to enforced removal, under a Labour Government. My hon. Friends often say that during that period, the Labour Government were a soft touch when it came to illegal migrants. I see that the Minister is nodding. Last year only 12,056 people were subjected to enforced removal, the lowest number for 12 years. The Government sometimes arrange what are known as “assisted voluntary returns”, which often means the provision of an air fare to enable people to leave. The number of assisted voluntary returns last year was also at its lowest level for 12 years, at just 1,635. That information comes from the most recently published Home Office immigration statistics, relating to 2015.
Public anxiety about illegal immigration is at an all-time high, but the Government’s effectiveness in tackling it is, in my submission, at an all-time low. There are scarcely any prosecutions and the number of enforced removals has been substantially reduced. In the face of these facts, what are the Government doing? As recently as Monday this week, the noble Lord Bates, the Home Office Minister of State—
Mr Chope
My hon. Friend says that he is a great man, and I am sure he is. His time in this House happened to coincide with a time when I was not a Member of Parliament, so I do not know him very well. In the other place on Monday, he said in answer to a question from another great man, whom I do know, Lord Green of Deddington, that
“the Prime Minister, the Home Secretary and others have been working hard…to increase the discomfort for those who are in this country illegally.”
What an extraordinary use of words—
Sir Edward Leigh (Gainsborough) (Con)
Sir Winston Churchill once said:
“We have our own dream and our own task. We are with Europe, but not of it. We are linked but not combined. We are interested and associated but not absorbed…If Britain must choose between Europe and the open sea, she must always choose the open sea.”
The open sea between Calais and Dover is the subject of this debate. Traditionally, the sea has been an opportunity for us British people to take our values across the world. The sea has never really been seen as a threat to this island nation, except in terms of armed conflict. There is a different threat now, which is why the Bill, albeit only a private Member’s Bill, is very apposite. It is important that we debate it and that the Government take these arguments seriously and reply to them, because, frankly, in terms of illegal entry into this country, the system is out of control. There is widespread public disquiet about that. It is not good for the reputation of this Government, or any Government. It is not good for relations between different communities. It is not good for respect for the system of law.
People cannot understand why there are no consequences for causing massive, criminal disruption. If someone decides illegally to enter the channel tunnel, which is a very dangerous thing to do in any circumstances, and they cause massive disruption, delaying train after train, delaying hundreds of people going on holiday or returning, or, even more important, preventing people from getting to business appointments, and if someone actually walks through the entire length of the channel tunnel, what people cannot understand is why, when they are caught, having caused that massive, criminal disruption, there apparently are no consequences. They are not even returned, it seems, to France. It brings the whole system of law into disrepute. It is not good for our relations with France either, but I will deal with that in a moment.
A constituent, Mr Denby, runs a very successful haulage business, which he built up from nothing. He is an entrepreneur, creating jobs. Let us say that one of his lorries arrives in Lincoln, the back of it is opened, and out jump half a dozen illegal migrants, and Mr Denby rings the police. Are the migrants prosecuted? For all the trouble that they have caused, are they taken to court? Are they given, perhaps, a modest prison sentence but then deported? No. They are taken off to a comfortable hostel in Boston and they stay in this country forever. It is like a child’s game. People arrive in this country illegally. When they get to Dover, they shout “Home” and apparently there is nothing the police can do about it. The whole system is brought into disrepute.
If we were just talking about a few dozen, or even a few hundred people a year, we could perhaps live with it, but my hon. Friend the Member for Christchurch (Mr Chope) mentioned the statistics and I shall mention a few as well. We are talking about potentially thousands of people, and the whole system being brought into disrepute. The Bill is particularly apposite because the whole issue of juxtaposed controls, by which someone can have their passport checked on the French side of the channel if they are trying to enter England, is front-page news today, given President Hollande’s remarks yesterday.
How extraordinary that the President of France, the President of a friendly country—everybody knows how francophone and francophile I am: there is no more francophile or francophone person in this House—should say that if the British people exercise their democratic right in a referendum to leave the EU there will “be consequences” in Calais. He did not actually mention Calais—I think he said he did not want to be too alarmist—but the interpretation of all his remarks is that if we were to leave the EU, he would move the borders.
Sir Edward Leigh
It is very kind of my hon. Friend. I have devoted 30 years of my life to trying to improve relations between our country and France. We are the closest of allies. In two world wars, the blood of hundreds of thousands of British people was spilt, and it drained away in the precious soil of France to save their liberties. I think that is well recognised by French people. It is, in my view, not acceptable for a leader of a foreign country, particularly a friendly country, to say that if the people exercise a democratic right there will be consequences.
Sir Edward Leigh
That is perfectly okay if these “consequences” are phrased in terms of a friendly question. Although it is not the subject of today’s debate, one friendly debate that we could have is on the question: if a country leaves the EU and wishes to access the single market, to what extent does that country have to take migrants? If the debate takes place under those circumstances, I take back entirely what I said, because that would be a friendly debate. But there is the possibility, especially given what the Prime Minister said a couple of weeks ago, that alarm bells are deliberately being rung, and Downing Street might indeed be orchestrating that. Some people say that it is right to ring these alarm bells, but there is a fear that our border will be thrown open.
We all know this is a toxic issue; it is pointless to deny that. It is far more toxic with the general public than arcane debates about the single market and business regulation, and even the sovereignty of Parliament. This is the important point—the consequences point—and it is desperately important for the referendum. If it is felt that anybody can walk across the continent, as they are in their tens of thousands, from Iraq, Syria and Afghanistan—of course we sympathise individually with the desperate plight of these people—and can arrive in Calais, get on a cross-channel ferry, arrive in Dover and, because of the present state of the law, will not be returned, because apparently neither the Bill nor anything like it will be passed, there are indeed consequences.
I happen to think that the existing law has an entirely wrong-headed point of view on this issue. We have the treaty of Le Touquet. It is nothing to do with the EU. I do not think it would be in the interests of most countries, and it would not surely be in the interests of France, to encourage more people to walk across France in the hope of getting to England. I believe that the treaty of Le Touquet would stand, but certainly it is a debate that we need to have. I believe also that it would stand anyway because, as I understand it—although I defer to the Minister, who deals with these issues every day and is presumably much more expert in the law—it is very difficult to enter the United Kingdom illegally on an aeroplane. Before boarding, your passport and ticket are checked, and if they are not in order you are not allowed to board.
Let us say we were to leave the EU—or even that there was no treaty of Le Touquet. Surely, before anyone was allowed on the channel tunnel train or the cross-channel ferry, the ticket collector would check their ticket and passport, and if they were invalid, would not let them board. I believe that the vague undercurrent of threats of “consequences” in terms of law and practice is complete rubbish.
Mr Chope
My hon. Friend is making an excellent point. Is it not correct that the carrier liability to which he refers does not apply to, for example, Eurotunnel, but it would need to apply to Eurotunnel, which has French majority ownership, and to the cross-channel ferries in the future in the same way as it currently applies to all airlines?
Sir Edward Leigh
Absolutely. I think that would be very simple to arrange, and it would be in the interests of both Governments. I do not think for one moment that France would abrogate the treaty of Le Touquet, first for the reason I have given, which is pure self-interest, and secondly because, as President Hollande kindly said—this is where I support what he said—we are close allies, and we would continue to be close allies even if Britain left the EU. It is inconceivable that the very first thing he would do would be the deeply unfriendly act of abrogating the treaty of Le Touquet. My hon. Friend makes the vital point about carrier liability, which seems to work extremely well for aeroplanes, and I cannot see why it should not work entirely properly and conveniently, and in a proper administrative way, for ferries and for the channel tunnel. That has dealt with that point. [Interruption.] My hon. Friend the Member for Tonbridge and Malling (Tom Tugendhat) laughs, but if he wishes to question my arguments—
Sir Edward Leigh
That is absolutely right. Some have put their lives on the line as interpreters for the British Army in Afghanistan and some, God forbid, may be living in the jungle in a shack. The Minister could make a good point about preventing illegal entry by people who put their lives at risk by trying to jump on a train. I do not know what the procedures are; presumably, the people mentioned in my hon. Friend’s intervention could find a British immigration official and try to enter legally. My hon. Friend makes a good point.
My hon. Friend’s first point was very apposite too. Why are there all these attempts at illegal entry into the UK? It is because getting a job in France is so difficult and joining the benefits system there is so complex. Those things are probably even more difficult in places such as Italy. That is why people will do anything and take any risk to try to jump on the train, put their lives at risk and cause disruption for hundreds of different people. That is why we need the Bill: so that they know that it is simply not worth it.
If the Government took the steps that my hon. Friend the Member for Christchurch suggests, I hazard a guess that the camp would dissolve. The whole issue would go away and our relations with France would improve immeasurably. People would simply make a perfectly rational and good decision, asking themselves what, if they knew that they were going to be caught, was the point of causing all the anguish in trying to get out of France and putting their lives at risk. Many might think that they would never be caught, but that brings us to the debate about ID cards and all the rest of it; presumably, that is another reason why they want to come here. At least if they knew that they would be sent back if they were caught, that would solve the problem to a certain extent.
Mr Chope
We all sympathise with the problems of the French authorities in Calais, but does my hon. Friend agree that one solution would be for the French to come out of the Schengen area? They could then control the border between them and, for example, Italy, and that would deter people from coming to their country illegally.
Sir Edward Leigh
The Schengen area is not as open as it was. Last summer, I was driving from Italy to France. I noticed that although there were no border checks between the two countries, there were loads of gendarmes checking every single coach and car at the first péage, where people pay the tolls for the motorway. My hon. Friend should not be too starry-eyed about the Schengen area; all sorts of controls are gradually building up all over Europe and I quite understand the position of the French Government, of whom I make no criticism at all.
The numbers are extraordinary. In November 2014, the answer to a parliamentary question gave some details about the costs and impacts of juxtaposed controls in France:
“In 2013/14 the number of clandestine people detected at juxtaposed controls in France by Border Force and other agencies was around 18,000—a rise of over 60 percent from around 11,000 in FY2012/13.”
I suspect that the figures are far worse now than they were even a year ago. The annual cost of the Border Force at the port of Calais per fiscal year is also quite extraordinary: in 2013, it had risen to more than £17.5 million.
The independent chief inspector of borders and immigration published a report on the inspection of juxtaposed controls in 2013. He found that people found hiding in freight vehicles were no longer being fingerprinted at Calais or Coquelles owing to limited detention facilities. The Government’s response to the report agreed with his recommendation to review this policy. However, the Home Affairs Committee noted in March 2015 that clandestine migrants caught in Calais or Coquelles are still not fingerprinted by the UK authorities, unlike at other juxtaposed controls. They are handed over to the French police, who will release them.
As we know, this is a sort of game. No matter how many times people try, there is no criminal sanction or disbenefit—the migrants simply try again and again. The director general of the Border Force told the Home Affairs Committee that the number of individuals attempting to enter the UK is significantly less than the number of attempts. As the Home Affairs Committee report said,
“Sir Charles explained that the 30,000 attempts”—
the numbers are staggering—
“to enter the UK through the juxtaposed ports last year do not represent 30,000 individuals”.
He said that many are trying again and again and again. Nevertheless, the Home Affairs Committee was critical of the UK and French authorities’ approach to the problem. Some of its comments are tough and interesting. It says:
“The number of interceptions by Border Force and PAF, the French Border Police, highlights the sheer scale of the problem. And yet we have seen no evidence that France or the UK is pursuing a policy of processing and deporting the individuals found at Calais. We find it bizarre that there are thousands of attempts to enter the UK illegally through Calais, at great cost and inconvenience to business and leisure travellers, transport companies, and hauliers, and yet the people who are caught are simply released back into the French countryside.”
Extraordinary!
“Nothing in this process appears to serve as a disincentive to returning to Calais and trying again and again, and there is no evidence it has affected the number of migrants living in the Calais area. It appears to be an admission of stalemate and something must be done to break this cycle.”
The Committee goes on:
“It is apparent that extra security slows the traffic, creates queues”—
as I go back and forth to the Council of Europe, I am well aware of this—
“and can increase the vulnerability of the lorries to infiltration by migrants. Improvements in security must be combined with improvements in managing the traffic flow.”
That, surely, is the point.
We can build as many fences or walls as we like, but we cannot manage the migrant flow unless the Government make real, cogent and serious attempts, first, to get rid of the incentive through something like my hon. Friend’s Bill, and, secondly, to impose some sort of sanction. These people are desperate—we should show compassion to them because they come from appalling places—and will keep trying again and again. There is the physical risk, but in terms of the law there is no risk at all.
The Home Affairs Committee goes on to say:
“It is important that improvements in security at one site do not simply displace clandestine activity to another site.”
That is why we cannot deal with this problem simply with fences. It continues:
“Much of the investment from the UK Government appears to have gone into improving security around the Port of Calais ferry terminal, rather than the Eurotunnel terminal at Coquelles.”
That was the case when the Committee wrote the report; I agree that things have moved on since. It concludes:
“If the Government accepts there is a security problem at both sites, then it should contribute to security measures at both sites.”
I accept that the Government are trying now to address the problem, but only in terms of improving the fences and security. My contention, and that of my hon. Friend, is that we also have to deal with the pull factor.
This illegal migration into this country is very serious in terms of public policy. Some people might say, “Maybe we want more immigration—maybe these people provide low-cost cheap labour”, and all the rest of it. I would argue that the ready availability of cheap labour reduces the need for employers to modernise their economy, and that for too long Governments have relied on open borders and cheap wages to keep the economy afloat. The problem with this large-scale migration—illegal migration is the worst aspect—is that it is totally unsustainable in the long run in terms of the economy, public policy and public opinion.
The Chancellor has signalled his intention that we end this model and move towards a low tax, high wage society. Lord Rose, the head of the remain campaign, admitted before the Treasury Committee this week that if Britain leaves the EU and immigration within the EU falls, then wages will rise. Of course, we heartily welcome a pay rise for the lowest-paid workers in Britain because that means more disposable income for them to spend or save as they see fit. The more immigration there is, particularly the more illegal immigration, the more consequences there will be.
Untrammelled immigration was introduced in 1997 for social reasons. The then Government gambled on newly arrived immigrants and their offspring being reliable Labour supporters—not always the case—so they adopted the Brechtian policy of abolishing the people and electing another version. Unfortunately, this kind of bad, poorly thought out policy was backed by certain aspects of the business community. The debate has moved on, in the Conservative party and in the Labour party, and there is now widespread public support for a really tough, firm and compassionate immigration policy. Serious efforts by Government to train the population into a different point of view have failed.
Before we dismiss this as just a temporary blip, let us look again at some of the figures. They are extraordinary. As long ago as 2005, the Home Office produced a study. I have been unable to find a more recent study, and one might ask why not; I see the Home Office Minister here. The study estimated the number of unauthorised migrants living in the UK in 2001. It measured the discrepancy between census estimates of the total lawfully resident foreign-born population, based on migration records. It concluded that in April 2001 the total unauthorised migrant population, including failed asylum seekers, living in the UK was approximately 430,000, within a range of 310,000 to 570,000 people. We should note that this estimate does not include the children of unauthorised migrants born in the UK. That study was produced in 2005, and I would like to have a more recent one. This is a really important issue in terms of good race relations and all the other aspects we are talking about.
In 2009, the London School of Economics published a study commissioned by the Mayor of London that updated the earlier Home Office figures in order to estimate the unauthorised migrant population at the end of 2007. The study produced two estimates—one for the number of irregular migrants and another for the number of irregular residents. The first figure is comparable with the earlier Home Office estimate, while the second includes the children of unauthorised migrants born in the UK. The study concluded that at the end of 2007 there were approximately 533,000 irregular migrants living in the UK, within a range of 373,000 and 719,000—so it is getting worse. There were approximately 618,000 irregular residents living in the UK, within a range of 470,000 to 863,000. If the public were aware of these figures—there is already public concern—they would be truly alarmed. The study found that the majority of the irregular resident population was living in London, with a central estimate of 442,000 irregular residents living in the capital—about 70% of the estimated irregular resident population at the end of 2007. These figures are truly extraordinary.
Mr Chope
My hon. Friend has recited some of the detailed research that the House of Commons Library has done on this. Does he accept that the implication of this research must be that by now there are well in excess of 1 million illegal migrants in this country—in fact, millions of them—and that it is about time the Home Office took an interest in trying to ascertain the exact numbers?
Sir Edward Leigh
Yes. I personally think—I put this in a half-hearted way to the Prime Minister in his statement a couple of weeks ago when I asked him why he was banging on about Polish immigration—that we are obsessing too much about east European migration. That is legal and understood. We have a fair idea of the numbers coming in, although there is a lot of dispute about the national insurance figures, which suggest that those numbers are far greater than is admitted by the Government. This matter has also been raised in Prime Minister’s questions.
In this House we are obsessing too much about the Prime Minister’s renegotiation and what he achieved and did not achieve, and forgetting what is in our control. It is argued that the Government can do nothing about migration from eastern Europe, unless of course we leave the European Union, but the issue of illegal migration is surely under our control, and it is now running at staggering levels. The people want to know what the Government are doing about it. What are they doing to find these people? My hon. Friend talked about the level of deportations. I think, off the top of my head, that he said that there were 12,562 deportations last year. Is that not an extraordinarily low proportion of the hundreds of thousands that I have been mentioning?
This is not just a matter of figures.
Sir Edward Leigh
That is precisely what I am asking. We now want an up-to-date study from the Home Office, but because we have such weak exit controls, the Government seem to have very little idea of what is going on.
Questions have been asked about this. On 18 January 2016, my hon. Friend the Member for Romford (Andrew Rosindell) asked
“the Secretary of State for the Home Department, what procedures are in place to ensure that illegal migrants to the UK are returned to their country of origin; and whether people deemed by her Department to be illegal migrants are only able to appeal that decision from their country of origin.”
That seems to be a very fair question. To be fair to the Home Office, I will give the answer provided by the Minister for Immigration:
“The Home Office continues to take action at every opportunity to prevent immigration abuse, pursue immigration offenders and increase compliance with immigration law including arresting and returning illegal migrants to their country of origin.”
Yet another Immigration Bill is making its way through the House, but I do not think there is any point in passing more Immigration Acts if we are not enforcing the existing ones. The Minister’s answer continues:
“The Immigration Act 2014 simplified the appeals system so that an appeal right only arises where a claim raising fundamental rights is refused, namely asylum, humanitarian protection and human rights claims. The Home Office has the power to require an appeal to be brought only once an individual has left the UK where the claim is clearly unfounded and where a person liable to deportation makes a human rights claim and it would not cause serious irreversible harm or otherwise breach human rights to require them to appeal from overseas.
The Immigration Bill seeks to extend the power to require an appeal to be brought from overseas to all human rights claims where an appeal from overseas would not cause serious irreversible harm or otherwise breach human rights. Similar provisions are set out in the Immigration (European Economic Area) Regulations 2006”.
Will the Parliamentary Under-Secretary of State for Refugees explain the deficiencies of the existing Immigration Act 2014 in processing illegal migrants, and how would the new Immigration Bill make any difference?
Sir Edward Leigh
Absolutely. The Parliamentary Under-Secretary of State can respond to that point.
The whole issue of migration, particularly illegal migration, is—I am sure that nobody would disagree with this—one of the most serious crises we face in Europe today. It makes it much more difficult to create a sense of community and cohesion in our democracy. Scandinavia is often held up as a paragon of social cohesion, but its countries’ economies and their whole sense of the community of the nation are now under threat as never before. That Nordic model is based on high taxation combined with strong, high-quality service provision. If there is more and more illegal migration, and if the Government do not even know what is going on, it is much more difficult to create homogeneity among the population, which has been one of the keys to the success of the Nordic model.
People in our country, and even more so in Scandinavian countries, were content to pay high taxes because they obtained high-quality services and knew that those services were going to their own people, who were here legally. However, if we add very high levels of immigration to the mix, and if hundreds of thousands of people are here illegally, that relationship of trust between people—who were prepared to pay high taxes because they knew that everybody else was doing so and they were getting high-quality services in return—starts to break down.
The debate instituted by my hon. Friend the Member for Christchurch this morning is not just about statistics; it is about the very bedrock and nature of society. Society is a contract, is it not, between the people? We know who the people are, we know where they live and we know they pay taxes—we all pay taxes and get public services in return. However, when literally hundreds of thousands of people are living in this country illegally and the Government have no idea who or where they are, and only 12,000 are being deported every year, trust in the immigration system and the trust on which society relies gradually break down. That is why my hon. Friend’s Bill is excellent and the Government need to respond to it.
EU Membership (Audit of Costs and Benefits) Bill
Debate between Edward Leigh and Christopher Chope(8 years, 9 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Mr Chope
Absolutely. That is another side of this very important argument.
I referred extempore to what the Government were reported to have said yesterday about the disparity between the figures, but let me now give the exact figures. A total of 630,000 EU citizens registered for national insurance numbers entitling them to work or claim benefits in Britain last year, yet it is said that there were only 257,000 new EU migrants. Incidentally, 209,000 of those national insurance number registrations came from residents, or citizens, of Romania and Bulgaria.
Jonathan Portes, of the National Institute of Economic and Social Research, sought an explanation for this extraordinary disparity, but was told that the Government were not prepared to give more details because
“it might prejudice the outcome of the EU referendum.”
Mr Chope
Well, it depends what the answer was, does it not?
This illustrates the problem that we have with the unequal use of resources and statistics. Having refused to answer the simplest of questions from me last June, the Treasury is now refusing to inquire further into what is, on the face of it, an extraordinary disparity, while at the same time making the scaremongering assertions to which my hon. Friend the Member for Kettering (Mr Hollobone) has referred.
The purpose of my Bill is to introduce some objectivity and independence into the whole process of evaluating the costs and benefits of our membership of the European Union. My right hon. Friend the Member for Chichester (Mr Tyrie), the Chairman of the Treasury Committee, has launched an inquiry into the economic costs and benefits. He is doing a lot of good work, and I look forward to the publication of the report, but, having read much of the oral evidence, I note that the answer given by a great many experts, whether pro or anti-EU, is that it is extremely hard to be sure one way or the other.
During the forthcoming referendum campaign, we might be well advised to note the information that is set out so ably in House of Commons Library briefing paper 06091, which was published in January this year. According to chapter 6,
“There is no definitive study of the economic impact of the UK’s EU membership or the costs and benefits of withdrawal. Framing the aggregate impact in terms of a single number, or even irrefutably demonstrating that the net effects are positive or negative, is a formidably difficult exercise.”
Why is that?
“This is because many of the costs and benefits are subjective or intangible. It is also because a host of assumptions must be made to reach an estimate. If the UK were to leave the EU, assumptions must be made about the terms on which this would be done and how Government would fill the policy vacuum left in areas where the EU currently has competence. If the UK were to remain in the EU, assumptions would need to be made about how policy in the EU would develop.”
That is a very important point. We often hear—and we heard from the Prime Minister this week—words to the effect that there will be no leap in the dark if we decide to stay in the European Union; it will all be as plain as a pikestaff. However, the House of Commons Library briefing clearly states that we do not know how policy in the EU would develop if we chose to remain:
“Estimates of the costs and benefits of EU membership are likely to be highly sensitive to such assumptions.”
If the Government, whose current robust line is that we must at all costs stay in the European Union, start presenting figures and data, how shall we be able to assure ourselves that those figures and data are objective? I think the answer is that we shall not be able to do that, because the figures and data will come from a biased source.
Mr Chope
As my hon. Friend the Member for Gainsborough (Sir Edward Leigh) suggests, North America has its own North American Free Trade Agreement, which brings Canada, Mexico and the United States together. However, as Donald Trump and many others would bear witness, under that there is no free movement of people between Mexico and the US or between Canada and US, but there is still a free trade agreement.
Sir Edward Leigh
More than that, Canada has an agreement with the EU on trade and there is no free movement of EU nationals into Canada.
Mr Chope
I am not commenting on that, but we will have plenty of £30,000 sums to spend when we leave.
Clause 5(b) talks about taking into account our
“competitiveness and ability to trade freely (including consideration of the UK’s restricted ability to negotiate trade agreements and to engage in free trade with other countries)”.
I have already covered that. Subsection (c) then deals with the issue of
“national security and defence (including the UK’s ability to decide which non-nationals should be allowed to reside in the UK)”.
That is a very big subject and I suspect some of my colleagues will wish to go into it in a bit more detail. At the moment, we do not have any control over non-nationals from the EU coming into our country. The figures published yesterday show a massive increase in net migration—it was again more than 300,000 in the year to September 2015.
We all supported the Prime Minister and the Conservative party manifesto on the promise in 2010, in a pledge repeated during the last election campaign, that we would bring net migration in the UK down to the tens of thousands. I looked today in the press to see what the Prime Minister’s response was to the latest net migration figures, which show that more than 300,000 people came in that year period, 257,000 of whom came from the EU. If we were going to get the figure down to the tens of thousands and even if we prevented anybody from coming to this country from anywhere other than the EU, we would still have to reduce the number of people coming from the EU by about two thirds—from 257,000 to just less than 100,000. With the most heroic assumptions, how is it possible to say that the very modest measures contained in the package that came back from the negotiations in Brussels could ever deliver a reduction of 157,000 EU migrants a year?
Sir Edward Leigh
I would be delighted to visit my hon. Friend’s constituency. Perhaps I could sail there in my boat from the constituency of my hon. Friend the Member for Christchurch, where it is moored. But obviously we are deeply serious about this, because the last 30 years have been a traumatic experience for our fishermen. It is a matter of immense importance. Again, we need an independent audit.
Mr Chope
Bearing in mind what my hon. Friend said about Ministers, is there not an issue with the fact that the fishing Minister, who has all this expertise and is keen that we should leave the EU, will not have the support of his civil servants in doing what needs to be done to ensure a strong and independent UK fishing industry after we leave?
Sir Edward Leigh
Exactly. It is extraordinary, given that we have this great industry and are a proud island race, and that much of our past and present is tied up in our fishing fleets, that the fishing Minister has already been put in purdah by his own civil servants and cannot talk about this subject at all. It beggars belief.
Apparently, the Government are not going to do any independent analysis over the next four months of what leaving the EU would mean for fishing. Presumably, at some stage or another, a Minister will make a claim—perhaps a fairly wild claim—and there will be no comeback, because the fishing Minister has been put in the corner, like a naughty boy with a dunce’s hat on his head, and told to keep silent. It is amazing. This is the most important decision we are going to make—yet silence.
In trying to answer the Minister for Europe, who asked, “Why don’t the leave people give an alternative vision?”, I have talked a bit about fishing and agriculture, but what about trade? I have quoted Winston Peters, a former Deputy Prime Minister and Foreign Secretary of New Zealand—no slouch—who has talked in public about leaving behind the “betrayal” of 1973. Yes, we did betray them. We betrayed our friends in New Zealand and Australia, who, in two world wars, had come to our aid. He says there is the exciting prospect of recreating free trade between Australia, New Zealand and the United Kingdom. It is an exciting prospect. My hon. Friend the Member for Shipley made a good point about the declining proportion of world trade taken by the sclerotic, over-regulated and overtaxed EU. There is another world out there—the world of the burgeoning growth of China and India.
I will go into more detail about the Government’s case in a moment, but I would be quite happy for them to say, “This is all just pie in the sky—a romantic illusion—and it’s not going to happen. You wouldn’t have any influence on the world trade body, because you’d just be one voice out of 130.” Well, we have very little voice at the moment, because we are one vote out of 28—at least we would be there on our own—but I accept that the Government can make these arguments. Given the importance of this issue, however, surely we want at least some independent analysis, so that the people, before they cast their votes, know what the realistic prospects are of a United Kingdom outside the EU being able to negotiate good trade deals with the rest of the world. But we have nothing.
That was my introduction, Madam Deputy Speaker. I now want to go into more detail about the history of this independent audit and analysis. People now argue—there is some lazy thinking on this—that way back in 1957 when the treaty of Rome was being signed, we were casual in our decision not to join it. A sort of myth has been created, particularly by my personal friend, Michael Heseltine, now Lord Heseltine, and others that this was an enormous wasted opportunity. Actually, people in government at the time were attempting a reasonable audit and analysis of what joining the treaty of Rome would mean. This debate has therefore been going on for a long time.
One cause of worry in 1957 was article 3 of the European Community treaty, which would
“eliminate…customs duties and quantitative restrictions on imports and exports”
between member states, establish a common tariff and “common commercial policy” and
“abolish obstacles to freedom of movement for persons, services and capital”.
When we were having these debates in 1957, the view taken by the then Conservative Government was that that was a risk too great and particularly, showing the importance of objective analysis, too great a risk to the Commonwealth.
My personal view is that that was a right conclusion. Unfortunately, during the 1950s and ’60s, there was a lack of confidence in our future as an independent nation. We should bear it in mind that we were dealing with a generation scarred by the second world war—I accept all the arguments about that. The hon. Member for North West Durham (Pat Glass), who is going to reply to this debate on behalf of the Labour party, spoke most movingly yesterday about the scars of two world wars, and I can understand how that was an influence on people at the time. As I said, there was a lack of confidence, not just about peace in Europe, but about our own nature and the resilience of our manufacturing and service industries. That led directly to Harold Macmillan’s failed bid to join the then European Economic Community.
As we know, of course, we eventually joined the European Economic Community. What then happened after we joined it? We were told at the time that it was going to be primarily a trading mechanism. The British people were never really made to understand and appreciate that under articles 2 and 3, it was much more than that. This was effectively the end of the sovereignty of this House. It was completely different from any other treaty that we had ever signed. Those arguments were made by Tony Benn, Michael Foot and Enoch Powell at the time. To its credit, Labour tested this in the referendum, and the British people decided to join.
Let me move on to the treaty of Nice. Although there had been a reasonably detailed debate, as I mentioned, in the mid-1950s about the benefits or otherwise of joining, this is where I believe the debates got rather weaker and there was less and less independent cost-benefit analysis of whether we should take this ever closer union further.
Article 3 of the treaty of Nice created an explicit common policy in fisheries, when it had previously been included under agriculture. An environmental policy was also created. Under the guise of strengthening competitive industry through the promotion of research and technological development, the EU acquired competence. The EU was authorised to establish and develop trans-European networks. I was here and I may be wrong, but although I certainly know that no independent analysis was done, I am not aware how much analysis of any kind was done on the costs and benefits of these very important matters that furthered the integration of Europe and our involvement in it. The treaty of Lisbon completed the process by making all remaining pillar three matters subject to EU justice-making procedure.
There was a steady increase in the area of EC and EU activity, and thus a steady increase in the number of pieces of legislation until the 1990s. Until we set up the Scrutiny Committee—which is now under the distinguished chairmanship of my hon. Friend the Member for Stone (Sir William Cash)—there was very little analysis of the vast plethora of legislation that was pouring out.
In a paper published by the Robert Schuman Centre, Professor Carol Harlow, of the London School of Economics, noted:
“On the regulatory side, an average of 25 directives and 600 regulations per annum in the 1970s rose to 80 directives and 1.5 thousand regulations by the early 1990s”.
In a study of the evolution of European integration, EU academics Wolfgang Wessels and Andreas Maurer observed that the increase in legislation had been accompanied by an increase in the EU’s institutional structures and sub-structures. While all that was proceeding apace, there was virtually no debate in the House of Commons or, I suspect, within the Government.
My hon. Friend the Member for Christchurch and I were Ministers at the end of the Thatcher Government and in the Major Government. We remember going to the Council of Ministers, and we remember, as we sat there all night, a vast tide of more and more pieces of legislation which was subjected to very little, if any, independent analysis. Output peaked in 1986 with the single market legislative programme. It fell slightly after that, but it continues apace. Meanwhile, apart from the analysis conducted by the Scrutiny Committee, very little detailed analysis of what the directives involved mean for our country is available to Members of Parliament—if, indeed, they are interested, given the complexity of many of those directives.
Sir Edward Leigh
I agree with that entirely. If we were to remain in the EU, we would need—and this would require the sort of analysis that would arise from a measure such as this Bill—to create much more impressive, comprehensive structures in order to deal with the continuing tide of legislation. People who want to remain in the EU assume that it is a static organisation. We apparently have an opt-out from ever closer union, but the European Court of Justice does not refer to ever closer union because it does not need to. If we remain in the EU, this wave of legislation will go on and on and on.
Rulings by the European Court of Justice have also given rise to a number of amendments to United Kingdom laws. One of the most significant cases in this regard was the Factortame case, which concerned the UK’s obligation under EC law, and the terms of the 1985 Act of Accession whereby Spain joined the European Community, to allow Spanish fishermen to fish in UK waters within the prescribed EC quotas.
We need much more analysis, much more control, and a much more intelligent debate about what is going on, because most people in the House of Commons are blind to it. Naturally, as Members of Parliament, we are all much more interested in the great debates about assisted dying, gay marriage or hunting, or even about whether to stay in the EU or leave it, or whether to bomb Syria. We are much more concerned about those issues than about the detailed nitty-gritty of what is going on under our noses. However, it does not stop. It does not rest. The machine keeps grinding on, with very little control from Ministers and virtually no control from the House of Commons.
Let me now deal with the cost of EU membership.
Mr Chope
Before my hon. Friend does that, may I ask whether he recalls—this is an example of what he has just been talking about—that in October 2000, the right hon. Member for Leicester East (Keith Vaz), who is now the Chairman of the Home Affairs Committee, assured the world that Europe’s new charter of fundamental rights would have no greater legal standing before EU judges than a copy of the Beano or The Sun?
Sir Edward Leigh
That sort of casual statement is quite worrying, and I am grateful to my hon. Friend for telling us about it.
I was about to deal with the cost of EU membership. The following information is taken from various papers that I have been studying. The cost is set to be £3.1 billion higher over the next five years than forecast before the 2015 general election. This is not a static process, therefore. That change is due to a reassessment of the size of Britain’s economy relative to the rest of the EU, thus penalising the UK for its economic success. The bigger and more successful we get, the greater a magnet for migrants we become and the bigger the sub we have to pay, despite the fact that the deficit carries on much the same as it always has done.
Sir Edward Leigh
I have mentioned Grimsby and fishing, but my constituency also abuts Scunthorpe. What about these poor people there? They are also going to be allowed to vote on 23 June, and are being encouraged to do so. They would rather like to know the detailed costs of what the EU means for their jobs and what the possible alternatives are. This is serious stuff for them—it is not just a debate in the House of Commons; it is about their whole way of life and their town.
Sir Edward Leigh
It beggars belief that whole towns can be suffering a possible wipeout and yet we are apparently putty in the hands in the Chinese. We should have stopped this on day one, as it is so serious—this is steel we are talking about.
Sir Edward Leigh
Yes, that is the point that was made time and again during the debate yesterday. I am not sure the Government have entirely answered it to my satisfaction.
The Government seem to argue that were we to vote to leave the EU, that would be such a catastrophic snub to our EU partners that there would be a degree of vengeance. I think that is a childlike view of how policy is created in Paris and Berlin. Many people in France—I take a bit of an interest in this—have argued for many years that it would not be an absurd state of affairs for Britain to leave the EU, for all sorts of reasons. However, the Government argue that a dramatic vengeance game would be initiated.
By the way, if our European partners acted in that way, would we want to have anything to do with them? It is a ridiculous argument anyway. They would not behave in that way, because of the point made by my hon. Friend the Member for Shipley (Philip Davies)—because of our trade deficit with them, particularly with our German friends. They are intimately bound up with us in terms of trade and there is every incentive to conclude a reasonable deal.
Mr Chope
It is not just about the trade issue. The Baltic states, for example, are very dependent on our NATO presence in helping them to defend themselves against the Russian threat. They would never countenance the rest of the European Union taking it out on the UK, when the UK is doing so much to defend their interests.
Sir Edward Leigh
Perhaps I have banged on a bit too much about the economy, and should briefly touch on defence and security, as it is in my hon. Friend’s Bill and is a matter of acute concern. Apart from “Project Fear”, which is based on this false premise of a loss of millions of jobs—Lord Mandelson appears to have made that up on the back of a fag packet—which no one has ever quantified in any great detail, although we wait to hear what the Government say about that, there are all these arguments about security. David Owen, a former Labour Foreign Secretary, who has now come out in favour of leaving the EU, dealt with that matter and debunked it very well on his interview on the “Today” programme yesterday. He asked how the European Union has improved our security by creating, in an imperialist and expansionist way, a new trade association deal with Ukraine, which led directly to Russian fears of being encircled and to the annexation of Crimea and eastern Ukraine. By the way, I do not countenance, approve or support in any way what Russia has done. The fact is that the EU gave President Putin that opportunity.
In a direct answer to my hon. Friend, is it really conceivable that, if the UK decided to leave the EU, our friends and allies in the Baltic states would want to throw us into some appalling doghouse and have nothing more to do with us when their freedom and security depends so much on us? We do have the strongest armed forces in the European Union. France and Britain are the only two countries that are capable of deploying world power. The Minister who is summing up this debate has considerable expertise in this matter because, as a Back Bencher, he spent years talking about it.
Although I cannot speak for the French Government, I do regularly speak to people in France, and I can assure Members that France has no interest or desire in not continuing to co-operate in an ever closer way, in terms of an ever closer union of sovereign states, in military policy. This whole argument that, somehow, the peace and security of Europe would be endangered if we were to leave the EU does not hold water. I will not repeat all the arguments that have been made many times before about our peace and security depending not on remaining in the EU, but on NATO. That is not a point that can be directly summed up in any cost- benefit analysis, but it needs to be articulated. We Eurosceptics are not nationalists. We love Europe; we love Europeans; we love European culture; and we want to have the closest possible relationship with our friends in France and Germany.
Let us go back to some of the detailed studies of the cost-benefit analysis. I am very grateful to the Library of the House of Commons for this. In fact, we should pay tribute to it because it is one of the few bodies that has actually attempted, with its limited resources, to collate all these studies. The study by the Institute for Economic Affairs—Minford et al, 2005—“Should Britain leave the EU” estimates a range of 3.2% to minus 3.7% of GDP in ongoing costs. I have dealt with Open Europe. The 2014 study by Gianmarco Ottaviano “Brexit or Fixit? The Trade and Welfare Effects of Leaving the European Union”, the Centre for Economic Performance and the London School of Economics estimated the trade-related costs to the UK of leaving the EU as being in the range of 2.2% to 9.5% of GDP. That is their argument, but it would be nice for it to be tested. In the literature review for “Our Global Future”, the CBI—again, I am not citing people who are naturally friendly to my point of view, but we need to test the arguments—found that the net benefit arising from EU membership is somewhere in the region of 4% to 5% of UK GDP.
Sir Edward Leigh
We should have had more independent analysis of that. Conservative Members often criticise Gordon Brown, but we should never forget that he kept us out of the euro, against the wishes of his Prime Minister, Tony Blair. We were told that disaster would strike by some in the City of London, the CBI and so on, and they used precisely these arguments. Now the Prime Minister goes to the Dispatch Box and says as a great virtue that we are out of the euro, but we were told by all the powers of the establishment that not joining the euro would be a disaster, and many of the arguments used were exactly the same.
Mr Chope
Roger Bootle told the Treasury Committee on 27 October last year:
“A large number of supposedly very highly qualified people argued that there would be a mass exodus of the financial services industry if Britain were not in the euro. It did not happen. In fact, the reverse happened: it was the provincial continental financial centres that suffered, as business concentrated on London”.
Sir Edward Leigh
The Mayor of London and the Conservative mayoral candidate represent, or hope to represent, the powerhouse of the British economy. Presumably they deal with and talk to businesses in London every day, and significantly they have both decided that London would not be disadvantaged by leaving the EU.
I am not necessarily quoting people who are friends of mine, but in evidence to an inquiry by the Lords EU Committee into relaunching the single market on 27 July 2010, the Department for Business, Innovation and Skills stated that
“EU countries trade twice as much with each other as they would do in the absence of the Single Market programme”,
That is based on the argument that increased trade with Europe since the early 1980s may be responsible for UK income per head being around 6% higher.
That is fair enough. We accept that we want to recreate the single market in some form. However, the Government immediately replied, “Well, I’m sorry but the rules of the EU are absolutely clear. If you want to be part of the single market, you have to accept free movement of people.” But that is not necessarily true. For example, it does not apply to Canada. As I understand it, Canada has created a good trade deal with the EU, but I am not aware that EU nationals are allowed to travel freely to Canada without a visa—I have some knowledge of this because my wife has a Canadian passport as she was born in Montreal.
The argument about what sort of access we would have in the single market is so crucial that we must have some independent analysis. Otherwise, we are making a decision based not on facts, but on prejudice. Those of us who argue from a Eurosceptic point of view are not in any way trying to convince the British people that they should make this choice in terms of nationalism, although many will, and that is their prerogative. We are arguing that there is a perfectly good, legitimate, intellectual, rational case for leaving the EU, but we want it to be tested by the Government.
I had better sit down as I have probably wearied you, Mr Deputy Speaker. I want to end with a study, which people here will not be aware of, commissioned by the Bertelsmann Stiftung of Munich—so this is not, as far as I am aware, some sort of UK Independence party front organisation, but a well-respected German institution. It is interesting that people around Europe—Stiftung in Germany and think-tanks elsewhere in Europe—are starting to take seriously the prospect of the United Kingdom leaving the EU. They are also writing studies that could form part of the independent cost-benefit analysis we want the Government to do.
In the second and third columns of its detailed analysis of what countries pay into and get out of the EU, the Stiftung demonstrates that Germany, the United Kingdom and France are the biggest absolute net contributors, paying in about 0.5% of their gross national income. Eleven of the 28 member states were net contributors in the 2013 budget, and the Stiftung gives various detailed figures for member states’ gross contributions. In terms of net contributions as a share of GNI, we always come second to Germany.
The Stiftung says:
“Because the United Kingdom benefits relatively little from CAP expenditures (for example, it received only €3.16 billion in 2013 compared to France’s €8.58 billion), Margaret Thatcher negotiated the introduction of a ‘UK rebate’ in 1984. At its core, this contains a refund of approximately 2/3 of the United Kingdom’s annual net contributions to the EU budget. For the years 2011-2013, the rebate averaged around €4.1 billion. A correction in how the rebate is calculated was introduced in 2008, which reduces the rebate depending on the costs of the EU expansion. According to forecasts by the UK’s economic and finance ministry…the rebate will hover around an average of €6 billion”.
The Stiftung provides various detailed figures and illustrates how the UK’s net contribution has risen. It says:
“One key element of the Brexit debate is that net payments have increased sharply since the global financial and economic crisis in 2008…If the United Kingdom exits the EU on January 1, 2018, this will change how the EU budget is financed”—
that must be the understatement of the year. It continues:
“According to estimates by the UK’s economic and finance ministry”—
Her Majesty’s Treasury—
“the United Kingdom will pay a net contribution of £8 billion for fiscal year April 2017-April 2018.”
These arguments are therefore being set out in detailed papers by think-tanks throughout Europe, but here—in the most important decision this country will make, in just four months’ time—the Government are apparently telling us that they do not believe there should be any independent cost-benefit analysis of what that decision will mean for the United Kingdom. Shame on them!
Cities and Local Government Devolution Bill [Lords]
Debate between Edward Leigh and Christopher Chope(8 years, 11 months ago)
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Mr Christopher Chope (Christchurch) (Con)
I am concerned about amendment 56 and the Government’s acceptance of it, albeit subject to the proposal in amendment (a).
The reasons for my concern go back some time. Twenty years ago, before I was privileged to be a Member of Parliament, I served on the Local Government Commission, which looked at structures of local government in England, including at whether councils should switch from a two-tier structure to a unitary one. The method we adopted in those days was to invite local people and councils to submit evidence, and to hold public inquiries and hearings on the evidence. It was very much a bottom-up process. That was decided by consensus in the commission. In due course, it made recommendations to the Government, which were adopted by Parliament if changes were involved.
In Dorset, which I have the privilege of representing in Parliament, there was a lively debate about whether Poole and Bournemouth should become unitary authorities, with Dorset County Council remaining a county council and a two-tier system operating in the rest of the county. In the end, it was agreed that Poole would become a separate unitary authority, as would Bournemouth, but the remainder of the county council area would be two-tier, with Dorset County Council dealing with the main services such as education and social services, and the borough or district councils dealing with the services closest to the people.
Nothing that has happened in the 20 years since leads me to believe that people in Christchurch, East Dorset or Dorset are anything other than content with the current arrangements. When there was all this talk about the possibility of change being forced through by the Government, I was assured by my right hon. Friend the Secretary of State that nothing would happen to change things in Dorset unless it had the wholehearted consent of the councils concerned. On that basis, a half-baked proposal introduced by Poole, with support from Bournemouth, to try to set up a new unitary authority incorporating Christchurch and East Dorset, could not work. Dorset County Council understandably said that it would mean that part of its area, which enables it to provide good services and make economies of scale, would be taken away and no longer be included in Dorset county. The line, which the Secretary of State articulated to me very persuasively, was that there was no need to worry, because nothing would be imposed from the centre. It was something that would only come from the bottom up.
That is where we were until today and the inclusion of amendment 56 on the amendment paper. I assumed that the amendment did not have Government support, and I had not applied my mind to the question of opposing it. I assumed, on the basis of what I had been told, that it would be opposed by the Government. Much to my amazement, I found that a manuscript amendment had been tabled, suggesting that the Government were going to accept amendment 56, albeit on the basis that it would only be in operation until 31 March 2019, which coincides with the end of the current period for district councils. The terms of office for all the district councils that were elected last May expire at the end of March 2019.
That is the effect of the Government amendment, and they have not provided any detail about the criteria that they will use to exercise their significant power to intervene against the wishes of one or more local councils in, to take my county example, Dorset.
Sir Edward Leigh
I hope that the Minister is listening, because it is open to him to intervene on my hon. Friend, to make it clear that in areas such as Lincolnshire and Dorset we should only proceed towards a unitary authority by consent.
Mr Chope
I am grateful to my hon. Friend, so far as it goes, but basically he is saying that the Government will now decide. A few months ago the process was to be bottom-up, driven by the local councils: if they wanted change, they would be able to introduce change. Now we are told that nobody will be able to dictate, neither a borough council nor the county council, but ultimately the Government will decide. This is a significant change of Government policy, announced in the form of a manuscript amendment to amendment 56.
Sir Edward Leigh
This is an interesting triangular discussion and it is terribly important. What I think my hon. Friend is looking for, and what I am looking for—again, the Minister can intervene on my hon. Friend—is an assurance that if either Dorset County Council or one of the district councils does not want change, that would effectively be a veto, and the same would apply to Lincolnshire and other rural areas. In other words, change would proceed only by consensus. The Minister says he wants to proceed by consensus, as I understand it, and that is extremely important. Again, he can intervene on my hon. Friend.
Mr Chope
I am grateful to my hon. Friend for his intervention and for his suggestion that we might be able to find a modus operandi between the two of us, who are very concerned about this, and the Minister, who I know is doing his best to give us assurances which will enable us to support amendment 56, as amended by the Government, rather than dividing the House on it. I am happy to give way once more to the Minister if he is able to give the sort of undertaking that my hon. Friend the Member for Gainsborough was suggesting he might like to give.
Human Rights (Joint Committee)
Debate between Edward Leigh and Christopher Chope(9 years, 1 month ago)
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Mr Christopher Chope (Christchurch) (Con)
Following the hon. Member for Perth and North Perthshire (Pete Wishart), may I also pay tribute to Michael Meacher? The work he did, particularly in my experience with Parliament First, is a lasting legacy and demonstrated his great commitment to this place. One of the great things about the proposals before us tonight is that many of those being chosen to serve on this Joint Committee are people like Michael Meacher, who have independent minds. That is what this House needs on such Committees.
I suggest that we pass this motion tonight, because if we do not we will be unable to set up the Joint Committee. It is a matter of regret, given that their lordships’ House named its people back in July, that we are only now naming ours. Once the Committee is set up, the Procedure Committee could look into the issues and I am sure that it could produce a report in due course. It would be unfortunate if this situation were to be used as a stick with which to beat the rest of the United Kingdom. I say that as a member of the Scottish Affairs Committee; I have the privilege of serving under the chairmanship of the hon. Member for Perth and North Perthshire (Pete Wishart), and we had a successful visit to Dundee earlier this week.
I want to thank the Scottish National party for ensuring that we have had a debate on this important issue. We debate human rights, and the parliamentary scrutiny of human rights, all too rarely. I have had the privilege of serving in the Parliamentary Assembly of the Council of Europe for some 10 years, during which I spent two years as chairman of the Legal Affairs and Human Rights Committee. During that time, the United Kingdom had the chairmanship of the Committee of Ministers and a lot of work was done jointly with the Joint Committee on Human Rights to spread the good word across the other 47 member states of the Council of Europe on how Parliaments can scrutinise work of their Governments in relation to human rights. It is fair to say that this Parliament is an exemplar for the Parliaments in those other member countries. I have spoken about this at seminars. It is important that, when the Joint Committee on Human Rights looks at the convention, it should do so in an independent way. One consequence of that happening can be a significant reduction in the number of cases that end up in the European Court of Human Rights. I suggest that that is really important.
Sir Edward Leigh
My hon. Friend does himself a disservice. Not only has he served as a distinguished chairman of the migration and legal affairs committees of the Council of Europe but he is also the chairman of the European Conservatives group. He has done sterling work on keeping that group together. He mentioned that some time has passed since this Committee was set up in July. I presume that he has now heard that he has been reappointed, in the light of his great and distinguished work in the Council of Europe.
Mr Chope
The House is anticipating that this matter will be decided soon. I hope that it will be, because six months after a general election, the right of this Parliament to be represented in the Parliamentary Assembly of the Council of Europe will expire. I hope that our new members of the Parliamentary Assembly will be chosen soon and presented to the House. I understand that that is normally done through a written statement from the Prime Minister. I also hope that that statement will include the names of some Scottish National party Members, because even if they cannot at present participate in the work of the Joint Committee, they could play an important role in the Parliamentary Assembly—
European Union Referendum Bill
Debate between Edward Leigh and Christopher Chope(9 years, 5 months ago)
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Mr Chope
Do the figures my hon. Friend is referring to include Government expenditure? The Minister, responding to the debate on the previous group of amendments, said the Government should not be a lead campaigner in a referendum, thereby implying that it will be a campaigner and spend Government resources. Are Government resources restricted in any way?
Sir Edward Leigh
That is why this debate is important. When the Minister replies, we want further and better particulars. We really want to know whether Government expenditure will be a part of this. The Government have enormous resources through all the Government Departments and it would be unfair if there was a mismatch in total spend for both sides of the argument. The yes campaign in 1975 spent the equivalent in today’s money of £11 million, compared with £1 million by the no side. The no side in 1975 were outspent 10:1, and that simply cannot be fair. Such things may have been more accepted in those more forgiving days, but I do not think they would be accepted now when there is widespread disillusionment about politics and a widespread feeling, which may be unfair and I know the Government want to act in an entirely honourable way, that the result could be fixed by the political establishment. The political establishment, encompassed by all the leading political parties except UKIP, big business and the European Commission, could have a massive and decisive preponderance of spending.
The 2000 Act provides for an entirely different regulation to what existed in 1975. It still looks far more likely that one side will have much higher spending limits than the other, which is inimical to our sense of democratic fair play. It is possible that the voters will be—or could feel, which is just as important—overwhelmed by spending on one side. Spending caps in constituency elections are basically equal. I know this is a UK-wide referendum, but that actually makes it more important, because there is huge interest both within and outside the country. The coverage in the European press is massive and will only get greater, and the European Commission and foreign Governments are very exercised about it. It is incumbent on the Minister to tell us what he plans to do about it and how he will address the problem I have articulated. If I am wrong, I am happy to listen to the Government and to be reassured, but they have to reassure the Committee.
Aside from the inherent inequality, there are deeper concerns about the potential effects. Let us consider the results of the Scottish referendum and the following general election: one side can win a referendum, but afterwards, if people feel the arguments were not entirely fair, there can be a massive shift of opinion. If a yes result is secured through massive overspend, there is a danger—dare I say it?—of a UKIP backlash, just as we have seen an SNP backlash, and this tidal wave can overwhelm people. It is essential, therefore, that there is a feeling of fairness. We need an open debate in which both sides are funded broadly the same and can put their arguments. If the yes campaign wins by the force of its arguments, I, as a democrat, would be the first to accept that it won fair and square, but there has to be a feeling of fairness.