Duties of Customs

Debate between Graham P Jones and Tom Brake

Ways and Means resolution: House of Commons
Monday 20th November 2017 Commons Chamber

[Tom Brake]

Indeed, and it might be a growth industry. When I was in Northern Ireland, the people who were taking me around pointed out a number of large homes and suggested that they might have been acquired through not entirely legitimate means. The Government might be reopening that way of doing business. We also know what has happened with regard to common agricultural policy payments, and with cattle or fuel being transferred from one side of the border to the other within a shed. That long-standing problem has the potential to become an even greater one, courtesy of what the Government propose.

[Graham P. Jones (Hyndburn) (Lab)]

If we are outside the customs union, it suggests that there will be a hard border, but if we follow the Government’s logic that that will somehow be mitigated and we will have an open, frictionless border, surely the border will simply have to be around Great Britain—it will have to be at the Scottish and Welsh ports. Does the right hon. Gentleman agree that if Northern Ireland is treated separately, that will cause a constitutional problem?

[Tom Brake]

Absolutely, and that is why I believe that the question of Ireland and Northern Ireland is the most challenging of the three. The Government could and should have resolved the question of EU citizens 15 months ago by simply saying to them, “You have the right to remain.” The settlement bill is clearly very difficult politically for the Conservative party, because many of its Members are on record as saying, “We won’t give the EU a single penny; in fact, they owe us loads of money,” so they now have a difficult political position to adopt if they say that they support a payment. We do not know how much that will be, but one figure that has been mentioned is £40 billion, and an interesting article in The Sunday Times a couple of weeks ago, which seemed to be flying a kite, referred to £53 billion. Although that question could be resolved at the cost of some political pain, no one has put forward any solution to the issue of Ireland and Northern Ireland that does not involve some sort of control. That might be ad hoc control, and it might not be directly at the border, but some sort of control will be required.

Yemen

Debate between Graham P Jones and Tom Brake

Thursday 12th January 2017 Commons Chamber

[Tom Brake]

I understand that, but some Opposition Members would challenge the Minister on whether their use, in any circumstances, can be deemed legal. It is regrettable that he is arguing, in effect, that their use can be considered legal in some circumstances, because most people would consider their impact to be indiscriminate.

[Graham Jones]

I am following the right hon. Gentleman’s argument and he knows that I am going to make a counter-point. The state of Qatar is involved in the Gulf Co-operation Council mission in Yemen, so does he think that we should suspend our sales of coastal defence systems to it?

[Tom Brake]

I had anticipated the hon. Gentleman’s line of inquiry, but the focus of my remarks is on what the Saudis are doing, the use of cluster munitions and whether there is sufficient evidence to call for a suspension of arms sales and sufficient support for an independent inquiry, which the hon. Member for Liverpool, West Derby (Stephen Twigg) called for in his opening remarks. I believe that there is.

Will the Minister explain the basis on which the Saudi Arabians refused in 2010 to swap their cluster munitions for the more precise Paveway III bombs? I understand that the Ministry of Defence offered a free swap with no cost implications, so what is the Government’s understanding of why the Saudis refused to take up that offer?

My final point relates to the joint incidents assessment team, to which, as I made clear in an earlier intervention, the Government have provided advice on how to investigate matters of international humanitarian law. One of the JIAT members is Mansour al-Mansour, a Bahraini judge who played a significant and unfortunate role in a series of trials in Bahrain about which it has been said:

“A pattern of due process violations occurred at the pre-trial and trial levels that denied most defendants elementary fair trial guarantees.”

Does the Minister think that that person and, possibly, other members of the JIAT are suitably qualified to adjudicate on the issue of civilian casualties in Yemen? Clearly, the credibility of the JIAT must depend on the credibility of its individual members.

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[Graham Jones]

I wish this debate were longer, as I could speak for two hours on this issue. [Interruption.] My hon. Friend the Member for Liverpool, West Derby is right; I have had a good go at going for three hours. The hon. Member for Torbay (Kevin Foster) is right, however. The proposal in that constitutional settlement was for a six-state federated Yemen, and President Saleh walked away from that; he walked away from the talks at Geneva because he did not want a federated state. He wanted to do what he was doing before: milk the state for himself. That is the problem, and all the while the people are suffering.

The Saudis are trying to get aid in. We have donated £100 million, which I am pleased about, but that is a fraction of what Saudi Arabia donates, yet we are trying to castigate the Saudis.

This conflict has been presented as Saudi Arabia against the people of Yemen: what an absolute load of garbage. The Saudis are operating under a UN mandate; five members of the GCC and four members of the Arab League are operating under that mandate, and Saudi is one component of that. It is the biggest component; I do not deny that. The Saudis are also guilty, it appears, of doing some awful things, and they should be held to account; nobody is saying anybody should be exempt from the law. But we must never take our eye off the ball: people are suffering in Yemen, and we must try to get to the end result of relieving that suffering. That is the primary purpose, and I am never going to slip away from that. I am not going to be taken on to some hard-left, loony left or right-wing bandwagon about arms sales to Saudi Arabia if that impacts negatively on the people in the region. I stand here unequivocal: I am here to help the people of Yemen, and I want to see the best outcome for them.

[Tom Brake]

Is the hon. Gentleman aware, however, that after the strike on the funeral in which I think 140 people died, even the UK Government were quoted as saying they were going to review their policy towards arms exports to Saudi Arabia? I wonder whether he has had any feedback on what that review has stated.

[Graham Jones]

There is an issue there; there is a concern—a well-meaning and genuine concern—that the speed and efficacy of Saudi’s investigations into some of the things they have done is not up to the required standard. However, as has been explained by many Members, they have attempted at least to come to this place, to speak with foreign powers, and to allow coalition partners who supply military equipment, as well as the British, to go in and be involved in looking at what is going on and in training. They have tried to a degree—although we do not know to what degree—to be open and transparent.

Deregulation Bill

Debate between Graham P Jones and Tom Brake

Monday 23rd June 2014 Commons Chamber

[Tom Brake]

Again, I agree that the Government, local authorities, the police and campaigning organisations should do everything they can to ensure that women and other users of private hire vehicles use only licensed vehicles, and that there is a strong clampdown on those who are operating illegally. Again, I do not think that anything the Government are proposing in these clauses will have the effect that the hon. Gentleman seems to be saying they will.

[Graham Jones (Hyndburn) (Lab)]

Will the right hon. Gentleman confirm that a local authority cannot take enforcement action against taxis that are licensed in another area, and that relaxing this policy will only add to that problem?

[Tom Brake]

As I have said, if, for instance, an operator cannot do a job in an outside area and passes on the responsibility to another licensed operator, that operator will be licensed, and there will be enforcement associated with that licence. Enforcement authorities will be able to check the operator’s records for any given booking to ensure that it has been undertaken lawfully.

To sum up, these are tried and tested measures. We believe there are adequate safeguards in place. We acknowledge, of course, that the Law Commission review is a significant landmark to those who have a keen or vested interest in the evolution of taxi licensing and regulation, but the key point is that that review will not deliver tangible change in the next year, whereas these measures will. They in no way undermine or nullify the Law Commission’s review; they are simply the first steps on a long deregulatory journey, which will continue when the Government find an opportunity to take forward the Bill that will arise from that review. The Government are firmly of the view that clauses 10 to 12 should remain part of the Bill, and that amendment 61 should be resisted.

[Graham Jones]

The Minister says these measures will be helpful, but Hyndburn borough council currently cannot take enforcement action against taxis from another authority, such as Rossendale, and his proposals will only aggravate the situation. Will he confirm that that is the case?

[Tom Brake]

At the risk of repeating myself, I do not think that any action the Government are taking will put people at risk.

Let me respond to a couple of earlier interventions. It was suggested, for instance, that we have not consulted. We have indeed consulted: we conducted a targeted consultation earlier this year and also tapped into the extensive consultation conducted by the Law Commission during its comprehensive review. Nor is it true that no one wants the measures we are proposing. For instance, the Private Hire Reform Campaign is highly supportive of all these measures, and after extensive consultation, the Law Commission recommended all three of them in its most recent comprehensive review of taxi legislation.

--- Later in debate ---

[Tom Brake]

Clearly it concerns me, the Government and the whole House. The issue is that the hon. Gentleman seems to be linking those very serious cases and what the Government are proposing without actually producing any evidence to suggest that there is a link between the two.

[Graham Jones]

Will the Minister give way?

[Tom Brake]

I am going to make a bit more progress. The hon. Member for Blackpool South called on the Government to have a more comprehensive look at this issue, but the Bill provides an opportunity to introduce the three measures which, as he will have heard me say, the Law Commission supports. We are introducing those three measures. He will know, as will other Opposition Members, that Bills, unlike buses, do not come along in threes; Bills come forward relatively infrequently and if there is an opportunity to take small steps in relation to taxis, we should take them.

[Tom Brake]

I will address that shortly. The hon. Gentleman attempted a joke at the Government’s expense about whether the Department for Communities and Local Government and the Department for Transport had spoken about these matters. The consultation was issued jointly in December by both Departments, and the announcements that Members will have seen in the press at the weekend were supported by both Secretaries of State and both Departments. Clearly, Departments are working hand in hand on this issue, as they should be.

The hon. Gentleman has stated that we did not listen to the Law Commission, but it supports the three measures. He, like a number of Members, asked about enforcement, which will be dealt with in the usual way. For example, where journey bookings are subcontracted across licensing boundaries the operator that takes the initial booking will retain liability and licensing authorities can investigate any issues in the usual way, so local authorities retain their licensing duties.

[Graham Jones]

The Minister rightly says that the licence will be administered by the local authority, but the vehicle that turns up at the door may well not be licensed by the local authority, and neither may the driver. The operator might be, but the driver and the vehicle may well not be licensed by the local authority where the original booking is made.

[Tom Brake]

I will come to that matter shortly in response to another intervention, and I hope that the hon. Gentleman will be satisfied with my answer.

Moving on to the issue of marine safety, the hon. Member for Blackpool South suggested that I had used a bad example when I referred to something that had happened 100 years ago, although I think that he, or someone from his party, went on to do the same. The issue is that, under his suggested amendment, if a wreck were discovered 100 years from now, regardless of whether it represented substantial new information or had any impact on an investigation, there would be an automatic reopening of an inquiry. That is something for which we want to provide flexibility.

--- Later in debate ---

[Tom Brake]

Certainly, that is my understanding. The operator is licensed as such and needs to check all the drivers who are used by that firm.

[Graham Jones]

The Minister says that there has been no safety issue in London. What assessment has he made outside London of police stop checks of taxi vehicles in local authorities that have less regulation than others? We are all aware that in some local authorities a high proportion of taxis stopped by the police are in breach of roadworthiness rules, and those vehicles must be repaired. What assessment has he made of vehicles’ roadworthiness?

[Tom Brake]

I personally have not made such an assessment, but I am sure that the hon. Gentleman, as a Member of Parliament, has regularly requested that sufficient enforcement action is taken and that suitable checks are made. I am sure that his local authority will want to pursue that actively and that the police and crime commissioner in his area will want to emphasise it as well. We expect those checks to be carried out now, irrespective of anything proposed in the Bill.

The hon. Member for Easington (Grahame M. Morris) dwelt on subcontracting, as did other Members, and talked about what would happen if people used the local reliable firm that they knew and liked, but the job was passed on to another operator. At the moment, if someone wants to use their local reliable firm and it cannot fulfil that job, they are simply told to find another operator, so the risks that he tried to highlight in the job being passed on to another operator are already there when the reliable firm says, “Sorry, we can’t do that job for you. Go and look in the phone book to find another operator.” What we propose would allow that local reliable firm, which one would expect to want to set up a business relationship with another reliable, not local firm, to work with it in partnership to fulfil those jobs appropriately. Irrespective of these arrangements, all firms must be licensed. That is the basis on which their reliability is confirmed.

[Graham Jones]

The Minister says that an individual who is unable to order a private hire vehicle from their favourite firm is in the same position if the company locates a private hire vehicle from another local authority. On many levels, that is wrong. When that individual flicks through the “Yellow Pages”, as the Minister describes it, they can choose to look for a company in their area. This proposal will allow the company to take charge, and that taxi could come from another area with different standards. The choice is therefore removed from the fare-paying customer. Does the Minister accept that the customer is in control when they look through the “Yellow Pages”, but not when the job is passed from one operator to another who locates a taxi from outside the area?

[Tom Brake]

Yes, when people use “Yellow Pages”, they may well be in control of their choice of private hire firm, but I thought the point that the hon. Gentleman and other hon. Members were making was that there was a risk in a job being passed on by a local reliable firm to another operator. I would suggest that the risk of simply going to the phone book is much greater than using a local reliable firm whose reputation relies on delivering a good service, whether it does so directly or by subcontracting to another firm in an area where it cannot operate. With our system, security is enhanced, rather than damaged in the way he suggests.

Oral Answers to Questions

Debate between Graham P Jones and Tom Brake

Thursday 8th May 2014 Commons Chamber

[Graham Jones (Hyndburn) (Lab)]

5. What discussions he has had with the Secretary of State for Justice on the time taken by that Department to answer written parliamentary questions.

[The Deputy Leader of the House of Commons (Tom Brake)]

The Leader of the House often reminds ministerial colleagues of their obligations in regard to parliamentary scrutiny.

[Graham Jones]

On 10 March, I submitted to the Ministry of Justice a named day parliamentary question for written answer that—nine weeks later—is yet to be answered. On 26 March, some two weeks after the answer was due, I submitted a chase-up question to inquire when the original question would be answered. To date, neither of those questions has been answered. What is worse, my assistant in Westminster has telephoned the Department weekly, and each and every time he has been told that an answer is being finalised. I am concerned about the time taken for such questions to be answered. It makes it impossible for Members to hold the Executive to account, and it is a discourtesy to my constituents if Ministers simply do not answer these questions.

[Tom Brake]

I am aware of the hon. Gentleman’s question. Like other large Departments, the Ministry of Justice receives a very large number of questions, and given the complex nature of its business a thorough response can take time. However, I agree that in the case of his particular question, it is simply not good enough: there needs to be a response. I know that the Secretary of State for Justice will want to take on board the hon. Gentleman’s complaint, and that he will in future ensure that Members receive timely answers setting out the information they need.

Government Reductions in Policing

Debate between Graham P Jones and Tom Brake

Monday 4th April 2011 Commons Chamber

[Tom Brake (Carshalton and Wallington) (LD)]

The Government are facing up to reality. The most challenging financial circumstances that this country has faced since the second world war have made me acknowledge that the quality of policing cannot simply be about the number of police; it must also be about how well they are deployed. Government Members have always been clear that police forces can make savings, while protecting front-line services and prioritising the visibility and availability of policing.

There may be no agreement on that between the Government and the Opposition, but at least there is agreement on police budgets. Let us be clear: the Labour party admits that it would be cutting police funding, that it could not guarantee police numbers, and that it could not guarantee that police staff would not be lost. That is not only because of the cuts to police funding that it had proposed, but because, irrespective of the plethora of targets that operated when it was in power, it still could not dictate to chief constables exactly whom they did or did not employ.

At the moment, the police are crippled by bureaucracy and spend more time on paperwork than on patrol. That frustrates the police, who want to do their job, and the public, who want to see more police on the streets. The coalition Government are scrapping unnecessary bureaucracy to save police time. The Liberal Democrat and Conservative manifestos both said that we would reduce time-wasting bureaucracy, and that is exactly what we are doing. We are helping the police to make savings, and to ensure that resources are focused on the front line.

[Graham Jones]

Would the hon. Gentleman not add cutting crime to that list? He has listed bureaucracy, but surely the purpose of the police is to cut crime. Will that be in his speech at some point?