UK Telecommunications

Debate between Geoffrey Clifton-Brown and Dominic Raab

Tuesday 28th January 2020 Commons Chamber

[Dominic Raab]

I thank my right hon. Friend for that. We have taken a sensible, sober decision based on rigorous analysis, and we will rightly defend it as such with whoever is interested to know the basis for the decision. Equally, there is an important piece of work to do, as hon. Members have expressed, in relation to making sure that we and other Five Eyes partners do not find ourselves in this position again.

[Sir Geoffrey Clifton-Brown (The Cotswolds) (Con)]

I welcome my right hon. Friend’s statement, but he must recognise that there are considerable fears about this decision. In order to allay those, will he run a Government information campaign to deal with the technical issues—the oversight by the cybersecurity centre, and the difference between the core and the periphery—and to detail the stringent worldwide regulatory powers he is going to put in place?

[Dominic Raab]

I thank my hon. Friend, and we will certainly look at both those points.

Iran

Debate between Geoffrey Clifton-Brown and Dominic Raab

Monday 13th January 2020 Commons Chamber

[Dominic Raab]

I thank the hon. Gentleman for his support for our diplomatic efforts. I was in Washington last week and had various conversations with the National Security Adviser and Secretary of State Mike Pompeo. Notwithstanding that we do not agree with the US on maximum pressure, for example, the US has always been clear that there is a diplomatic way forward and that the door remains open. President Trump has said that, President Macron has said it, and the Prime Minister has said it. Again, the choice is for Iran to make.

I understand the hon. Gentleman’s point about the visa. I understand that it was not refused but, in any event, it is important throughout the process to ensure that we keep open the opportunity for dialogue and a diplomatic path forward to a negotiated solution.

[Sir Geoffrey Clifton-Brown (The Cotswolds) (Con)]

Does my right hon. Friend agree that this moment marks the beginning of an opportunity, if Iran wishes to take it, for Iran to co-operate with the international community on the downing of the Ukraine International Airlines aircraft? Several nationalities were involved, including, unfortunately, a number of Britons and, indeed, many more Iranians. Will my right hon. Friend therefore tell the House precisely what discussions have been had about a proper international investigation into the downing of the aircraft, including the handing over of the flight recorders to proper international investigators?

[Dominic Raab]

My hon. Friend is absolutely right. In fact, I was speaking with my Canadian counterpart in Montreal on Thursday. The Canadians suffered an appalling loss of life, and they are leading some work on visas and the repatriation of bodies. We are working together with them, all those affected and, indeed, our wider partners to ensure a credible, full and transparent investigation, because although we understand that Iran has accepted responsibility, we still do not know why the incident happened and all the details of how it happened. For the British victims, the Canadian victims, the Ukrainian victims and, above all, the Iranian victims, we deserve to know the answers to the questions and the truth behind why this appalling avoidable tragedy happened.

Hong Kong

Debate between Geoffrey Clifton-Brown and Dominic Raab

Thursday 26th September 2019 Commons Chamber

[Sir Geoffrey Clifton-Brown (The Cotswolds) (Con)]

Thank you, Mr Speaker. Might my right hon. Friend consider raising with Carrie Lam, when he next has a conversation with her, an issue that has been raised with me by a number of young people, including the demonstrators: social mobility in Hong Kong? For the ordinary person, even if they have actually got a good degree, it is very difficult to get a job that is well enough paid to better their standard of living from that of their parents.

[Dominic Raab]

I thank my hon. Friend. He raises a very important point, which is that the protests that we are seeing have been fuelled by the economic/social concerns that, in any mature democracy, would find expression through the democratic institutions. I think he is highlighting, in a very specific way, why having political dialogue leading to the democratic autonomy that is reflected in the Basic Law would be valuable and important, not just for the individuals raising those issues, but for Hong Kong as an autonomous entity within the one country, two systems model, to address those issues in a way that is constructive and in the long-term interests of the people of Hong Kong.

Draft Third Parties (Rights Against Insurers) Regulations 2016

Debate between Geoffrey Clifton-Brown and Dominic Raab

Tuesday 12th April 2016 General Committees

[The Parliamentary Under-Secretary of State for Justice (Mr Dominic Raab)]

I beg to move,

That the Committee has considered the draft Third Parties (Rights against Insurers) Regulations 2016.

It is a great pleasure, Mr Davies, to serve under your chairmanship for what I think is the first time.

The draft regulations are to be made by the Secretary of State under the power in section 19 of the Third Parties (Rights against Insurers) Act 2010, as amended by the Insurance Act 2015. They can be made only if they have first been approved by both Houses of Parliament. They were considered and approved by the other place on 22 March. The purpose of the power in section 19 is to make provision adding or removing circumstances in which a person is potentially within the scope of the 2010 Act.

The draft regulations will add to the list of circumstances in which the 2010 Act may apply to corporate and other bodies that are subject to certain sectoral insolvency regimes or, with limited exceptions, have been dissolved. When the changes have been made, the 2010 Act will be able to be brought into force without adversely affecting people who are within the scope of the 1930 third parties legislation that is to be replaced by the 2010 Act, but are not within the scope of the 2010 Act. The reforms to be introduced by the 2010 Act are supported by insurers and claimants alike. The benefits of the legislation apply to insurance of all kinds and will be particularly beneficial in cases of long-tail industrial diseases, such as mesothelioma. To set the draft regulations in context, let me explain briefly the principles underlying the third parties legislation.

Third parties legislation has existed since the 1930s. It is so called because the claimant is a third party in relation to the contract between the insurer and the insured. The current legislation is the Third Parties (Rights against Insurers) Act 1930, which applies to England, Wales and Scotland, and the Third Parties (Rights against Insurers) Act (Northern Ireland) 1930, which applies to Northern Ireland. The purpose of the 1930 Acts and indeed the 2010 Act is to protect the interests of claimants against insured persons who have a liability to the claimant, but who no longer have effective control of their assets. Typically, this occurs if the insured person is insolvent.

The basic effect of the third parties legislation is to transfer to a third party to whom an insured has incurred a liability the contractual rights of the insured against the insurer as regards that liability. This has the effect that the proceeds of the insurance policy are paid to the claimant not the general creditors of the insolvent insured, which is particularly important when insurance is compulsory otherwise the purpose of having compulsory insurance would be negated. To put it crudely, the aim of the legislation is to prevent creditors from trumping victims. That is the basic point: a dry technical detail that is difficult to get one’s head around.

To trigger the application of the 2010 Act, an insured must both incur a liability to a third party against which it is insured and undergo an insolvency or analogous event specified in the 2010 Act. Unfortunately, following enactment of the 2010 Act, it was found, at least in some respects, to have a narrower scope than the 1930 legislation. This was partly a result of the terms used in the drafting of the 2010 Act and partly because of developments in insolvency law following the financial crisis of 2008.

The operative provisions of the 2010 Act have therefore not yet been brought into force and will not be until these defects have been remedied. It is this remedial process that is so essential to realising the benefits of the 2010 Act, which is intended to extend and improve the protection conferred by the 1930 legislation. That is the point of the regulations. Part of the remedial process was effected by amendments to the 2010 Act made by the Insurance Act 2015 and the draft regulations will complete the process.

Let me now describe the working of the amendments to be effected by the draft regulations. First, they extend the list of circumstances where the 2010 Act may apply by adding the sectoral insolvency or administration procedures listed or referred to in the provisions to be inserted in the 2010 Act by regulation 3 of the draft regulations.

Those additions cover the possibility of insolvency or administration under special legislative regimes that generally follow, but are distinct from, procedures under the Insolvency Act 1986 in a wide range of important business sectors where company failure has the potential to damage the public interest or cause market contagion, for example, the kind of things that might follow the collapse of a financial services, postal or energy utility company.

Secondly, regulation 4 extends the scope of the 2010 Act in relation to dissolved bodies, which do not have effective control over their rights and assets. The 2010 Act currently applies to dissolutions under sections 1001, 1002 or 1003 of the Companies Act 2006, but not to other types of dissolution. Regulation 4 broadens the scope of the application of the 2010 Act to include those other kinds of dissolutions, to ensure they are all covered.

The proposed coverage of dissolutions generally will, however, not extend to the dissolution of unincorporated partnerships. Our view is that that exception is sensible, as technically at least a partnership dissolves each time a new partner leaves or is added.

[Geoffrey Clifton-Brown (The Cotswolds) (Con)]

I am sure that in relation to regulation 4 my hon. Friend was coming on to explain the point made in paragraph 7.9 of the explanatory memorandum.

“Unincorporated partnerships are excluded from the dissolution provisions in regulation 4 and the provisions of regulations 5 and 6 because they dissolve whenever there is a change in membership (for example the retirement of one partner).”

The provisions are supposed to cover dissolutions in the sense of bankruptcy. The question I put to my hon. Friend is: what happens if an unincorporated partnership goes bankrupt? He will probably tell me that partnerships are jointly and severally liable, which they are, but what happens in the event that the partners themselves go bankrupt?

The explanatory note says:

“Regulation 4 inserts new section 6A in the 2010 Act, extending its coverage to all dissolved corporate and unincorporated bodies except when the body in question is an unincorporated partnership or is treated as not having been dissolved as a result of subsequent events (the latter may still be “relevant persons” by virtue of another provision).”

That last part is what makes the situation unclear. What is the position with unincorporated partnerships?

[The Chair]

I call the Minister, after that very long intervention.

[Mr Raab]

That was almost worthy of a separate speech, and perhaps my hon. Friend might wish to give one.

[Geoffrey Clifton-Brown]

Do not encourage me.

Sale of Puppies and Kittens

Debate between Geoffrey Clifton-Brown and Dominic Raab

Thursday 4th September 2014 Commons Chamber

[Geoffrey Clifton-Brown]

I agree, but as the Chair of the Select Committee, my hon. Friend the Member for Thirsk and Malton (Miss McIntosh), said, legislation on pet shops is already in place. The thrust of this debate is on new legislation, but I say to the Minister that we should better enforce existing legislation, because then we might all get on a lot better.

Poor puppy farms are responsible for many health problems, including infectious diseases such as parvovirus, internal and external parasites and a range of breed-related and inherited diseases such as heart disease, epilepsy and glaucoma. It is crucial that puppy farms are not only properly licensed, but properly scrutinised—the powers are there to scrutinise them—so that we can root out the ones that operate with inappropriate conditions. As I have said, we need to enforce existing legislation better.

Secondly, the breeding of dogs for specific desirable traits can lead to serious genetic health problems as a result of inbreeding and closed gene pools. The body shape of some dog breeds can also cause immense suffering. Under the Animal Welfare Act 2006, it is illegal to beat a dog with a stick, but there is nothing to stop a breeder mating dogs to produce offspring that will then suffer from health problems.

Thirdly, I recommend that all breeders adopt puppy contracts, which are produced by the RSPCA, the British Veterinary Association and the Animal Welfare Foundation. Too often, buyers are not aware of the possible genetic problems related to poor welfare and breeding conditions.

Fourthly, the Animal Health and Welfare Board for England, which was set up by this Government, could be in a perfect position to assist with the welfare of dogs. However, its performance to date has not met the desired level. The board should take a more active interest in the welfare of dogs, which it does not do at the moment. I urge the Government to give it a role in devising light-touch regulation, ideally based on the Dog Advisory Council’s recommendations on regulations under the Animal Welfare Act so that we can see active improvement in the welfare of dogs.

The Dog Advisory Council, under Professor Sheila Crispin’s chairmanship, was funded entirely through the generosity of patrons, principally the Dogs Trust, the RSPCA, the Blue Cross and the PDSA. It operates with a budget of only £25,000, yet the Government give £225,000 to the Farm Animal Welfare Council. There seems to be a slight imbalance within the Department for Environment, Food and Rural Affairs in the treatment of farm animals and companion animals. I hope that the Minister will take those facts back to his Department. If nothing else, we are a nation of animal lovers, and we need to take more seriously the welfare of companion animals such as dogs and cats.

Obviously, it is welcome that micro-chipping will be mandatory from April 2016, but I urge the Minister to bring the date forward. We need a comprehensive list of registered dogs as soon as possible, and I see no reason to delay this for another two years. Currently, more than 100,000 dogs are stolen, abandoned or lost each year. If lost, the owner can suffer huge emotional turmoil. If a dog is abandoned, it is a crime. The urgent introduction of micro-chipping will help us to reduce dramatically the numbers of stray dogs on our streets.

[Mr Dominic Raab (Esher and Walton) (Con)]

I thank my hon. Friend for so generously giving way. I know that time is running short, but I hope that he will get an extra minute as recompense. I agree with him that this is about the enforcement of existing laws. Is not one of the key issues inspection? What we need are random inspections and a zero-tolerance approach where there are clear breaches of the standards already in place.

[Geoffrey Clifton-Brown]

My hon. Friend is exactly right. We should enforce existing legislation with random inspections so that the owners and operators of puppy farms do not know when the inspectors are coming. That will hopefully ginger them up to improve their standards.

The Minister will also need to address an amendment made to the Deregulation Bill in Committee which seeks to remove the requirement under the Breeding of Dogs Act 1973 for local authorities, when deciding whether to grant a dog breeding licence, to have regard to the need for dog breeding records to be kept in a prescribed form and to specify licence conditions to secure that objective. The Dog Advisory Council has written to the Cabinet Office and DEFRA Ministers asking them to reconsider the decision to repeal the relevant provisions as a matter of urgency, as not to do so would further undermine the effectiveness of the existing legislation.

Madam Deputy Speaker, you have been generous with the time. This is an important debate. I hope the Minister will take away with him the fact that we are a nation of dog lovers. We need to enforce the existing legislation. There is too much cruelty in the dog world in this country.