Climate Finance: Tackling Loss and Damage

Debate between Fabian Hamilton and Ruth Cadbury

Tuesday 5th September 2023 Westminster Hall

[Fabian Hamilton (Leeds North East) (Lab)]

It is a pleasure, as always, to serve under your chairship this morning, Mr Betts. I congratulate my friend—I hope he does not mind me calling him that—the hon. Member for Dundee West (Chris Law) on securing the debate. We have always got on well and I always like listening to him. He has introduced perhaps one of the most important issues that this Parliament will ever have to contend with, but this is sadly not the first debate that I, nor my hon. Friends in this room, have attended from which Government Members have been absent. I am delighted that the Minister is here, but where are his colleagues? It is really sad. This is not a party political issue. It is a matter for us all, as parliamentarians representing our constituents, to try to stop the greatest catastrophe that faces humanity on this planet. We need to work together.

The hon. Member for Dundee West reminded us that July 2023 was the hottest month in history, and said that there is an urgent need for climate finance to fight climate change and that at COP27 an agreement was made on loss and damage finance. He said that financial redress to countries worst affected must be new and additional finance, not redirected from existing budgets. I do not think anybody can disagree with that. He also reminded us that by 2050 it is estimated that there will be 1 billion migrants looking for somewhere else habitable to live because of climate change—[Interruption.] Will they all, as the hon. Member for Dundee West asks from a sedentary position, be coming to the UK? Some might argue that; I doubt it very much, but they will be travelling across the globe, seeking refuge. It is important that we stop that happening in the first place. That would be at least one answer to the small boats challenge.

If nothing is done to mitigate climate change, it will have a devastating effect on human livelihoods. The hon. Member for Dundee West said that loss and damage funding is needed now. He was followed by an extremely powerful speech from my hon. Friend the Member for Rotherham (Sarah Champion), the Chair of the International Development Committee, which I am glad still exists even if the Department has been abolished, because we need to be reminded that development is not just a luxury. It is not something that we cannot afford to do; it is something we have to do, and in the interests not just of the most vulnerable across the world, but of all of us—even in this country. Prolonged drought, she said, in sub-Saharan Africa has put many into further food poverty, and the International Development Committee produced work on the impact of climate change, loss and damage.

We then heard from my hon. Friend the Member for Brentford and Isleworth (Ruth Cadbury), who also gave a very powerful speech, on an issue that she is passionately committed to. She mentioned her Quaker faith. In my Front-Bench role over these last few years, I have always found the Quakers to be hugely supportive, not just in fighting climate change but in peace and disarmament, the principal role that I currently hold. Sometimes, she said, it seems that charities are ahead of Governments in financing the cost of climate change. She asked what we can do in the United Kingdom to export clean green energy—a very good question, it seems to me.

We then heard from my hon. Friend the Member for Liverpool, Walton (Dan Carden), who has been elected president of the Inter-Parliamentary Union’s forum of young parliamentarians, which is an incredibly good position from which to campaign for something so vital to all people on earth, but especially younger people. He said that it was a profound injustice that those least responsible for the causes of climate change suffer the greatest damage. It should be the polluters who pay; I do not think anybody could disagree with that.

[Ruth Cadbury]

Every time I visit a school, the first and most powerful question that I am most frequently asked, as I am sure other Members are—everyone else is nodding—is: “What are you going to do to stop the climate crisis?” Young people are going to inherit the world we leave them. They continuously, repeatedly tell us to do something about it. I congratulate my hon. Friend the Member for Liverpool, Walton (Dan Carden) on his election.

[Fabian Hamilton]

I thank my hon. Friend for that intervention, because that is exactly the point. I am now privileged to have two grandsons, the youngest of whom is three and a half years old. He is not quite knowledgeable about climate change yet, but the seven-year-old is. It is something they study at school, and my hon. Friend is absolutely right. At every primary school that we visit—we all do it—the first thing they raise is: “What are you going to do to stop this planet becoming uninhabitable because of our own actions and history?” We have to answer to them. They will inherit the Earth, not us.

My hon. Friend the Member for Liverpool, Walton went on to say, as other Members did, that Africa will be the biggest continental victim of climate change globally, and—as others also said—that loss and damage support is in our own self-interest.

I again thank the hon. Member for Dundee West for securing this debate. As we know, the climate emergency is the greatest challenge the world faces. Where are the Government Members, who should also be talking about this? The UN has warned that our planet is on course for a catastrophic 2.8° of warming, in part because the promises made at international climate negotiations have not been fulfilled. As we know, this would have devastating consequences for our natural world, and dangerous and destabilising effects on all countries, not least, as I think the hon. Member and my hon. Friend the Member for Rotherham mentioned, many of the islands of the Caribbean. Indeed, the CARICOM ambassadors have lobbied me as shadow Minister for the Caribbean, which is one reason I am winding up on behalf of the Opposition today.

As we know, 2.8° of warming would usher in an era of cascading risks, as the uncontrolled effects of global heating result in more frequent extreme heat, sea level rises, drought and famine. We have seen devastating examples of extreme weather this summer, as heatwaves and wildfires have caused devastation and loss of life. As has been said this morning, this will end up hitting us in the UK as well. We are seeing its effects already, with floods and heatwaves becoming the norm, not the exception. As the SNP spokesperson, the hon. Member for Glasgow North (Patrick Grady), said just now: look outside; it is quite unseasonable. I returned from a holiday in Majorca on Friday. It is warmer here today than it was when we left Majorca. That is quite wrong.

This will end up, of course, hitting us in the UK, too. We are seeing the effects already. Global heating will hurt us all. But the truth is that developing countries and people living in poverty are the most exposed to the worst consequences of the climate emergency. At COP27 in Egypt last year, the issue of loss and damage was front and centre of the discussions. Like the UK Government, we supported the recognition of the issue of loss and damage at COP27. The agreement to create a new fund was an important step forward in recognising the consequences of the climate crisis for the world’s most climate-vulnerable countries.

This is a matter of solidarity, and the reality is that those most likely to be affected by climate change are the least able to afford to adapt to it. Every speaker today has made that point. The UK Government already support poorer countries to cut emissions and to adapt to climate change. Loss and damage, however, is about coping with its disastrous effects. This is not about mitigating or preventing; it is about helping the poorest countries to cope with the effects that have already happened.

Supporting poorer countries is not only the right thing to do, but in our self-interest. We need all countries to act on climate and reduce their emissions and the destabilising effects of climate breakdown, which will end up coming over here, including, for example, in the risk of climate refugees, as we said.

But on the necessary actions to keep global warming to 1.5°, yet again we hear the unmistakable sound of the can being kicked down the road. As a result, that is now at grave risk, as the UN has said. It appears that even those on the Government Benches do not trust their Government to act on these issues. On 30 June, the Minister for the International Environment, Zac Goldsmith, resigned, accusing the Prime Minister of being “simply uninterested” in climate action and the environment. We can see why he might think that.

It is now 14 years since a promise of $100 billion of finance was made to developing countries to help them to fight the climate crisis. There is growing recognition of the urgent need to reform how multilateral development banks and the international finance system can support climate action and unlock resources. Earlier this year, there was a major summit of world leaders on a new global financial pact, hosted by President Macron, but the Prime Minister chose not to bother turning up.

We now hear that the Prime Minister is not even planning to attend the UN General Assembly this year, where climate change will be top of the agenda, as it should be. That is a lamentable and short-sighted snub, an illustration of how the Government are squandering Britain’s potential for international leadership. That comes as the Government’s statutory climate advisers warned this month that the Government are missing their targets on almost every front. They said:

“The UK has lost its clear global leadership position on climate action.”

The Minister of State, Foreign, Commonwealth and Development Office, the right hon. Member for Sutton Coldfield (Mr Mitchell), has committed to publishing this year how the Government will meet their £11.6 billion climate finance target. During recent FCDO questions in the House, he said that he would do so “probably in September”. I therefore press the Minister present today on whether he is still committed to that and whether he will publish the ODA allocations for international climate finance in 2022-23 and 2023-24.

We need a Government who can step up on climate action, delivering cheap, home-grown zero-carbon power at home so that we have the credibility to pressure other countries to fulfil their obligations and play their part. A Labour Government would put addressing the climate crisis at the heart of our foreign policy—every single foreign policy. Central that will be Labour’s proposed clean power alliance of developed and developing nations committed to 100% clean power by 2030, just over six years away. That will be a positive version of OPEC, positioning the UK at the heart of the single most significant technological challenge and opportunity of the century. Alongside that, we will push for climate action to be recognised as the fourth pillar of the UN, increase our climate diplomacy in key states and work with international partners to press for a new law of ecocide to prosecute those responsible for severe, widespread or long-term damage to the environment.

For the sake of every human being on the planet, all the creatures that live on this planet and all of our children, including my two grandsons, Britain should never be a country that absents itself from the world stage, particularly not when it comes to the climate crisis—the biggest long-term issue we face. A Labour Government would certainly once again lead at home and abroad.

Cycling Fatalities: Ian Winterburn

Debate between Fabian Hamilton and Ruth Cadbury

Thursday 21st December 2017 Commons Chamber

[Fabian Hamilton (Leeds North East) (Lab)]

This debate is the last parliamentary business before the recess and, indeed, the last business of the year, but it nevertheless deals with an issue that is of great seriousness and grave concern to my constituents and to many others, given the number of people who have been injured or killed when cycling on our roads.

On 12 December last year, 58-year-old Ian Winterburn was cycling to work at 7.30 am, as he did every day. Ian was a keen and regular cyclist. As usual, he was wearing his cyclist’s high-visibility jacket, and all his bike lights were on. He always wore a cycling helmet. As he was passing the junction of Whitkirk Lane on the A6120 ring road in Halton, Leeds, a silver Skoda Fabia was signalling to turn right, but instead of waiting for Ian to cycle past, the driver went straight into him, knocking him off his bike and fatally injuring him. She claimed that she had not seen him. After 10 days in a coma, Ian died from his injuries on 22 December.

Cyclist Charlie Alliston was famously sentenced to 18 months in prison recently for fatally injuring pedestrian Mrs Briggs in one of two such fatal accidents last year, yet any more cyclists have been killed or badly injured by cars during the same period. Alliston’s case justifiably received plenty of media coverage, but shocking deaths such as that of Ian Winterburn scarcely receive any, and public anger towards cyclists is now at an all-time high.

The 51-year-old driver of the Skoda that killed Ian was sentenced on 20 October by Leeds magistrates court for causing death by careless driving.

[Ruth Cadbury (Brentford and Isleworth) (Lab)]

I congratulate my hon. Friend on initiating the debate. I co-chair the all-party parliamentary group on cycling, and I commend to him one of the recommendations of our report on justice for cyclists. We asked the Government to address

“Confusion and overlap between ‘careless’ and ‘dangerous’ driving”

in such cases.

[Fabian Hamilton]

I shall deal with the issue of careless versus dangerous driving and the different penalties involved. Indeed, I shall refer to the all-party parliamentary group that my hon. Friend so ably chairs, and of which I am currently the treasurer.

The driver of the Skoda was given a four-month prison sentence suspended for two years, a £200 fine, 200 hours of community service and a two-year driving ban. Her licence had been suspended previously for 14 months for drink-driving.

One of the most shocking aspects of this tragic case—apart from the loss of a much-loved husband, father and teacher—is the way that the family have been treated by the various authorities involved in dealing with the terrible and totally avoidable loss of such a valuable life. Ian Winterburn was hit at 7.30 am that day, but the West Yorkshire police crash investigation team did not arrive at the scene for more than an hour.

The police and the Crown Prosecution Service believed that the driver did not adequately defrost her car windscreen before setting off from her home nearby. There was circumstantial evidence to support that, as her windscreen wipers and car heating were on full power although it was a dry day. However, because the crash investigation team took so long to arrive, they could not confirm the state of the windscreen at the time of the accident. Of course, had they arrived sooner, there could have been proof that the windscreen was not properly de-iced. The driver would then have faced a charge of causing death by dangerous driving, which carries a considerably higher sentence on conviction than the lesser charge of death by careless driving.

There is only one crash team for the whole of West Yorkshire, an area with a population of 2.3 million. The family have asked a number of pertinent questions about that issue alone. They asked, for example, why there was only one crash team for such a large area, how many people were in that team, how many crash investigations they investigated each week and where the team was based.

It took more than three hours for the police to contact Mrs Winterburn that day to inform her about the collision. When she asked why it had taken so long, the answer was that the crash team was too busy securing the crash site and collecting evidence, which was its main priority, and that there were not enough staff to contact Mrs Winterburn earlier. As Members may imagine, this was extremely traumatic for Mrs Winterburn and her family and greatly added to the trauma they experienced upon hearing such terrible news.

But it gets worse. When the family arrived at the hospital, they spent a number of hours in the resuscitation unit, where no staff were available to keep them updated. Ian Winterburn was still wearing his cycling clothes, and it was to be another 16 hours before any member of staff gave the family information about the extent of Ian’s injuries, the prognosis or, indeed, the next steps in his treatment.

Let me move on now to the role of the coroner service. Although Ian died on 22 December, just one year ago tomorrow, it took until 10 January to obtain a death certificate. That was apparently because of a backlog over the Christmas and new year holidays, but it meant that Ian’s body had to be kept at the Leeds General Infirmary mortuary for two weeks before a funeral could take place. As Members may imagine, this added considerably to the stress and trauma suffered by the family. Presumably, people still die from unknown causes or accidents over holiday periods, and although everyone deserves holidays and time off, especially public servants, surely it is important that the coroner service does not close, except perhaps on Christmas day itself.

The Crown Prosecution Service told the family that the case against the driver who killed Ian was so serious that it would be heard in the Crown court and that they should not even attend the magistrates court hearing, which would be merely a formality and would only last for a few minutes. However, in the event, the driver was convicted, after two one-hour sessions, by the magistrates court, and no support whatsoever was given to the family.

No help was even offered to the family in the preparation of their victim statements, which of course they had little knowledge of how to prepare and no previous experience of writing. This further added to the anxiety felt by Ian’s close family, and made them lose faith in the whole criminal justice system. One of the pertinent questions asked by Ian’s daughter, my constituent Alex Wilks, who is here today, when she came to see me about her father’s death and her family’s treatment by the various authorities was, “Why is the most senior CPS lawyer in West Yorkshire only employed for two days a week?”

After the shock of the brief court case and what the family feels is the inadequate sentence for a driver who had previously been given a 14-month driving ban after a conviction for drink-driving, the family was told by the police that the coroner would now close the inquest because there had been a criminal conviction. A short while later, the coroner phoned Georgina, Ian’s widow, to tell her that there would still be an inquest and that a number of witnesses would attend it.

As we can imagine, this came as a huge shock to the family, and Alex, Ian’s daughter, rang West Yorkshire Victim Support to ask what the family should expect from the hearing, only to be told that it knew nothing about the hearing. The next day the coroner’s office rang Georgina to tell her that there had been a “mix-up” and that there would not be an inquest after all. No apology has ever been offered for the further upset caused to the family by this so-called “mix-up”.

Many Members will know that I am a keen cyclist, because I pester them every summer to donate to my annual charity bike ride, and I can often be seen arriving at the Palace of Westminster in my hideous, brightly coloured lycra on my carbon racing bike; indeed you, Mr Speaker, have generously seen me off on some of my cycling jaunts.

I am also an officer of the all-party group on cycling, which last July published a report on cycling and the justice system. We took a huge amount of evidence from cycling groups, lawyers, the police, the CPS, Transport for London, local authorities and many others. Among our conclusions were the following recommendations. The police must ensure that a higher standard of investigation is maintained in all cases where serious injury has resulted. That includes eyesight testing, mobile phone records and assessments of speed, drink and drug driving. We received many examples of the police failing to investigate properly, or even to interview witnesses or victims. Too often, weak investigations have undermined subsequent cases. I hope that the Minister will want to comment on this.

We also recommended that all police forces should ensure that evidence of common offences submitted by cyclists or other witnesses using bike-mounted or person-mounted cameras or smart phones should be put to use and not ignored. Too often, these bits of evidence are ignored. The confidence of cyclists that their safety is a priority for the police will be undermined if such evidence is dismissed and no action is taken. In some cases, just a written warning could be enough to change bad behaviour.

The length of time required by the police to serve a notice of intended prosecution for a road traffic offence is currently just 14 days, and that must be extended. That was one of our strong recommendations. We believe that that period is too short to enable cases to be adequately processed. In some cases, it could enable offenders to escape justice altogether.

We also said that there was confusion and overlap between careless and dangerous driving, a point echoed by my hon. Friend the Member for Brentford and Isleworth (Ruth Cadbury), so bad driving often does not receive the level of punishment that the public feel it should. New offences introduced over the past few years have started to plug some of the gaps in the legislation, but many problems remain, particularly when cyclists are the victims. We believe that the Ministry of Justice should examine in more detail how these offences are being used, including the penalties available for offences of careless and dangerous driving.

The police and the CPS should ensure that victims and bereaved families are always kept adequately informed throughout the process of deciding charges. This is done in many cases, but we have heard of victims being ignored and informed only at a much later date that cases have been dropped or that guilty pleas for lesser offences have been accepted.

[Ruth Cadbury]

I am a member of the Justice Committee, and one of the issues that we have heard about—which applies not only to cases such as this one—is that the cutbacks in the Courts Service and the Ministry of Justice mean that there are fewer people to carry out these important administrative tasks. In too many cases, administrative failures mean that justice is not being served, either for the victims or for their families, because there are not enough people to make the kind of contact that is, as my hon. Friend says, so important at times like these.

[Fabian Hamilton]

Again, I thank my hon. Friend for her helpful intervention. I think that the first part of my speech clearly showed that the family of Ian Winterburn are just such a family. They had appallingly bad service from the CPS; they were not kept informed at all. They were given no assistance; there was no family support whatever. I do not know whether that was the result of cutbacks or of bad organisation and training. I think my hon. Friend probably knows more than I do about that, because she is a member of the Justice Committee, but I will leave it to the Minister to respond to that point.

The final recommendation in our report involves the fact that the number and length of driving bans appears to have declined, with a 62% fall in driver disqualifications over the past 10 years. That is double the fall in convictions for driving offences. Furthermore, very large numbers of drivers are escaping disqualification on reaching 12 points or more on their licence. The Ministry of Justice should examine the reasons behind the decline in the use of the penalty of disqualification and in particular the effect of the so-called exceptional hardship scheme.

I know that our report, which was published seven months after Ian Winterburn was killed, will ring many bells in the minds of his family, who still grieve for him every day. The family would like answers to a number of more specific questions, notwithstanding the recommendations I have just read out, so will the Minister answer the following questions? What is the current status of the review of guidelines for causing death by careless driving? Is a review even being carried out? Why do drivers who have caused death not face mandatory custodial sentences? How many complaints does the Ministry of Justice receive about the coroner service every year? What training is given to the coroner service staff? Who holds the coroner service to account? Is it the Ministry of Justice or is there any form of local accountability? When was the last review of the coroner service, and what were its findings? Finally, when will the coroner service website be improved to offer more and better information to grieving and unsupported families, which seems a simple, straightforward reform?

In conclusion, if we truly care about our environment and about the growing public health crisis, surely we must do far more to encourage cycling, both as a healthy activity and as a way to reduce carbon emissions and congestion, but tragedies such as the death of cyclist Ian Winterburn do nothing but discourage the public from cycling. We need to make cycling far easier and much, much safer, and part of that task is about ensuring that when terrible fatal accidents do occur, the appropriate administration of justice can be relied upon. We all need the assurance that cycling is a safe activity and a good way to move around our towns and cities for everyone who is capable of using a bike. Meaningful answers to and action from the Winterburn family’s pertinent questions, born out of tragedy and grief, would be a good start.