Oral Answers to Questions

Grahame Morris Excerpts

Monday 26th February 2024 Commons Chamber

[Tom Pursglove]

I pay tribute to my hon. Friend for her work in representing the views of her constituents on this issue. She firmly backs the Government’s plan, which is allowing us to get on with closing hotels such as the one in her constituency, and we will continue to make progress to deliver on our commitments.

[Grahame Morris (Easington) (Lab)]

Banking protocols clearly state that banks should contact the police when they detect fraud. HSBC rightly prevented a vulnerable constituent of mine from conducting a bank transfer to fraudsters in South Africa. However, owing to a failure to notify the police, the fraud continued, and as a result my constituent lost more than £32,000, transferred with the use of Apple gift cards. What advice can the Minister give? What recourse has my constituent to recover the money from HSBC? If it had followed the protocols laid down, appropriate safeguards would have been put in place.

[Tom Tugendhat]

I am grateful to the hon. Gentleman for raising this issue. Fraud is a blight on our society and leaves many people feeling vulnerable and extremely nervous about using online services and the wider economy. I am delighted to say that fraud is already down by 13%, and there is more we are doing on this issue. I urge his constituent to follow the advice of the advertising campaign we are launching, which is Stop! Think Fraud. This is a huge issue on which we are working with police forces around the country, which is why we have 400 new police officers in the national fraud service and the national fraud intelligence unit.

Draft West Midlands Combined Authority (Transfer of Police and Crime Commissioner Functions) Order 2024

Grahame Morris Excerpts

Monday 26th February 2024 General Committees

[The Minister for Crime, Policing and Fire (Chris Philp)]

I beg to move,

That the Committee has considered the draft West Midlands Combined Authority (Transfer of Police and Crime Commissioner Functions) Order 2024.

As always, it is a huge pleasure to serve under your august and benign chairmanship, Sir Graham—I trust it will be benign, although perhaps I should not speak too soon. The draft order was laid before the House on 7 February. If approved, it will transfer the police and crime commissioner functions from the current west midlands PCC to the Mayor of the West Midlands. That would happen following the next mayoral election in the west midlands, which is scheduled for Thursday 2 May 2024, and maintain direct democratic accountability for policing and crime in the west midlands.

[Grahame Morris (Easington) (Lab)]

On a point of order, Sir Graham. Could you give the Committee your guidance on the validity and timing of this measure? My understanding is that the west midlands police and crime commissioner has applied for a judicial review, which will not be determined until 7 March. Is it therefore appropriate that we consider this matter in advance of that judicial review?

[The Chair]

I cannot comment from the Chair on the judicial review but, as far as I am concerned, it is entirely in order for the Government to bring this matter before the House and the Committee.

--- Later in debate ---

[Chris Philp]

I am glad that the right hon. Lady, from a sedentary position, has clarified that. So when she referred to a referendum in her intervention a moment or two ago, she was in fact referring to the previous police and crime commissioner election. That was, of course, appointing an individual to the position of police and crime commissioner. He may have had a number of things in his manifesto, but I do not think we can in any way construe that as a referendum. There was certainly no question on the ballot paper about transferring, or not transferring, PCC powers. I do not think describing a PCC election as a referendum on this matter is an accurate representation of what occurred.

Let me return to the substance of the issue. Part 1 of the Government’s review of the role of PCCs cemented the Government’s view that bringing public safety functions together under the leadership of a combined authority Mayor has the potential to offer wider levers and a more joined-up approach to preventing crime. Our levelling-up White Paper reinforced that.

My hon. Friend the Member for Lichfield pointed to a number of other large cities around the country where police and crime commissioner functions are already exercised by the Mayor—with varying degrees of competence, I would add—and there are good reasons for that. There are efficiencies. The Mayor tends to be a higher-profile figure than the police and crime commissioner. The Mayor can exercise systems-wide leadership over a variety of things that are relevant to fighting crime. Typically, they can offer more effective leadership than a PCC can in the urban area concerned. I am an MP in London. While Sadiq Khan does not do a very good job as Mayor of London in general, he does have a wide range of powers, and the position has the potential to provide wider leadership on issues of crime and public safety than someone acting as a police and crime commissioner alone. We believe that that applies here as much as it does in those other cities.

[Grahame Morris]

Will the Minister give way?

[Chris Philp]

I will. Perhaps the hon. Member is going to suggest that we transfer the PCC powers exercised by the Mayor of Greater Manchester and the Mayor of London back to a PCC. Perhaps that is what he thinks.

[Grahame Morris]

I am grateful to the Minister for giving way, but I will think of my own questions, if that is okay. I would like to ask about consistency. He is making quite a robust argument about efficiency and lack of duplication. Was it not the Conservatives who introduced police and crime commissioners in the first place? Why is it that in my part of the country there is no attempt to consolidate the elected Mayors and the police and crime commissioners? They are quite separate positions, and I am not aware of any move locally or by the Government to merge them.

[Chris Philp]

Yes, the Government did introduce police and crime commissioners in about 2014, I think, to replace the previous police authorities, and we have introduced a number of directly elected Mayors as well. However, over time, we have consistently tried, where possible, to merge those directly elected functions, and the fact that a directly elected Mayor of Greater Manchester exercises police and crime commissioner powers is an example of that. In this cycle, we are about to have a directly elected executive Mayor of York and North Yorkshire, who will exercise police and crime commissioner powers as well, and we have the Mayor of London doing that too. There is a very clear direction of policy travel to have a directly elected Mayor also exercise PCC powers. I do not hear a single Member in this House suggesting we take the PCC powers off the Mayor of London and have a PCC for London. I do not hear a single Member saying we should take the PCC powers off Andy Burnham in Greater Manchester and have a separate PCC in Greater Manchester—quite the reverse. The direction of travel is the same: to try to consolidate these powers into a single elected individual.

Indeed, we are doing that beyond Mayors. Where we can and where the geography allows, we are trying to merge police and crime commissioner powers with the old fire authorities. To give the hon. Gentleman a recent example, when there was a change to the arrangements in Cumbria County Council, which was previously the fire and rescue authority, we took the opportunity to transfer the fire and rescue authority powers to the police and crime commissioner of Cumbria to make that individual the police, fire and crime commissioner. We have done that in other areas as well, including in Essex, Staffordshire, Northamptonshire and North Yorkshire—so the directly elected Mayor will be the combined authority Mayor and the police and crime commissioner and will also exercise fire authority powers.

The Committee and anyone looking at these proceedings, potentially including the court in a few days’ time, will see that a clear and consistent policy approach is being taken across the whole of England and Wales in consolidating these powers in directly elected Mayors and, analogously, if that is a word, in police, fire and crime commissioners. That is extremely consistent, and I trust that all Members will see that and support it.

In conclusion, although I may of course reply to any points that are raised, the Government are of the very clear, considered view, as part of a long-standing direction of travel—I have mentioned all the other examples—that the exercise of PCC functions by the Mayor of the West Midlands is a significant step forward towards realising our ambition for more combined authority Mayors to take on PCC functions. We think it is more organisationally and operationally efficient. We think it is better value for the taxpayer. We think the Mayor is a higher-profile public figure, whom the public can hold to account better than a PCC—they have a much higher profile. And we think the Mayor can provide much more effective cross-systems leadership on issues concerning police and crime, delivering better outcomes for the public in fighting crime.

The proposed arrangement is more efficient. The Mayor will have a higher public profile, be more readily held accountable and deliver better outcomes. That is why it is our policy not just in the west midlands but across the whole of England and Wales to pursue this approach. That is why I commend the order to the Committee.

--- Later in debate ---

[Jim McMahon]

I appreciate that clarification, but I think we all got the gist of where the mood was on that. I do think that this is a problem with how Governments, not just in Westminster but more generally, do politics in the UK. We start off with a predetermined view, or even a predetermined outcome, we go out to consultation, which is a paper exercise, and we do not adequately change our position when new evidence comes to the light. Politics needs to learn that listening and acting are not always the same as an embarrassing U-turn. I say that as a point of principle rather than about anything in particular, but I thought it was worth raising.

It is pretty clear that the Government have not brought on board widespread support on this issue in the way we have on other areas, and there are a number of questions that fall from that. Devolution is not just about doing things to people or imposing the will of central Government, based on what they already believed to be the outcome; it is about the Government working with local people to co-produce the outcome that is right for their area. So my questions for the Minister are as follows. What plans do the Government have to consult local authorities further, or do they conclude that the matter is now done and dusted? Before pressing ahead, will the Minister commit to a further formal consultation that commands the confidence of the west midlands region?

As the police and crime commissioner for the west midlands has pointed out, the Government have made a complete mess of the whole process, and I understand that an application for a judicial review has been submitted that will be considered next week. I know that that is a separate process, and I do not intend to go into the legalities, but the situation as it stands is remarkable, and not one I have faced in previous SIs on devolution matters.

Despite failing to secure the mandates needed in ’19 and ’21, the Conservatives decided to legislate to remove the requirement for democratic approval in 2023. On 6 December 2023, the Home Secretary approved the transfer without the lawfully required public consultation. The Home Secretary subsequently and retrospectively decided to launch a public consultation, which went against the outcome that the Government wanted, yet they decided to press ahead anyway. We are nine weeks before the mayoral and PCC elections and the administrators, the candidates and the parties still have no idea what is going to take place. They just feel very much as though it has been rushed to try to meet the deadline of the election for political purposes, rather than it genuinely being about due process and public engagement in a meaningful way. What legal advice have the Minister or his colleagues in the Home Office sought regarding the approach taken by the Government? Will they publish the legal advice in full? This whole discussion feels quite symbolic of the Government’s limited approach in general, tinkering with the structures and shifting significant powers between existing bodies, rather than away from Westminster or Whitehall down to communities at a closer level. It stands as a matter of fact that devolution under this Government is fragmented, piecemeal and has not gone far or fast enough. The powers and resources do not touch the sides of what is required for communities to have control over their own areas and futures.

Labour would push power out of Westminster with a take back control Act that gives communities a direct say in their future. It would start by giving all Mayors the powers and flexibility to turbocharge growth in their areas, including over planning and housing, transport, net zero and adult education and skills.

[Grahame Morris]

I am sorry to interrupt my hon. Friend’s flow, but will he give an opinion? There is a plethora of different arrangements; apart from my own region, I was just looking at Liverpool. There is Greater Manchester and Merseyside, which has a separate police and crime commissioner, as well as Steve Rotheram, the elected Mayor. There are issues with the consultation, and the members of the combined authority who were asked did not support merging the two. In the circumstances, would it not be sensible for the Committee to defer making a decision until after the judicial review has been considered on or after 7 January? Does my hon. Friend support that request for a deferral?

[Jim McMahon]

There are two separate points there. The first is on whether there ought to be uniformity or it should be accepted that there are different powers in different places. The Labour Front-Bench position is that where boundaries are coterminous in a place with a police and crime commissioner and a directly elected Mayor of a combined authority, both powers should be brought together with local support and consent. Where they are not coterminous, it would not be right for a Mayor in one area to take on political powers that transcend the boundaries of the combined authority in that respect. That is certainly the issue in Merseyside.

The other, separate issue, which I touched on, is a fair one: given the judicial review, should the Government press ahead or not? Certainly, the advice that we have taken is that they are two linked but separate processes. Parliament and the Government will carry on with their process, and the courts will make a judgment on the JR and its merits. It will or will not have an implication, but that is no reason not to progress at this point given the advice we have had.

I certainly take the power of the objection and the concern about the way in which things have been done, because it is a unique situation in which there are such legitimate concerns. There is a danger that the concerns raised are dismissed because the Government have the votes to get the change through regardless, which would be a mistake. If we do not bring people with us and convince them that it is the right thing for their area and can make a positive difference, and it is done despite, not with, the will of local people, that is not the road to empower people to make a change for their area.

Licensing Hours Extensions Bill

Grahame Morris Excerpts

Committee stage
Wednesday 21st February 2024 Public Bill Committees

[Chris Philp]

We would all appreciate a fast passage for the Bill. If somebody wishes to make an application regarding a particular event of international, national or local significance, they can obviously do so, and each will be considered on its own terms. The condition in the 2003 Act is that the event should be

“of exceptional international, national, or local significance”.

No doubt many hon. Members will have ideas about events that might meet the criteria.

[Grahame Morris (Easington) (Lab)]

I thank the Minister for his explanation and congratulate my hon. Friend the Member for South Shields on the Bill. Could the Minister clarify two points about the scope?

Who would make the application, for example for an extension of the licence on St David’s day or for some other occasion? We might have a St Aidan’s day extension or St Bede’s day extension for South Shields.

Secondly, will it be all licensed premises? Will it include working men’s clubs as well as pubs? I am very much in favour of supporting local businesses; we have had terrible problems in my constituency with the Conservative/Lib Dem-led council introducing car parking charges, which will undermine local businesses, so this is a great opportunity to give them a boost.

[Chris Philp]

On the hon. Gentleman’s second question, yes, the extension applies to any licensed premises—presuming he means a premises licence for consumption on the premises, rather than off-licences—so that would include working men’s clubs. On his first question, essentially anyone can approach the Home Office with an idea for an event that might qualify for the criteria.

[Grahame Morris]

Even individuals?

[Chris Philp]

Yes, even individuals could make an approach to the Home Office. It is not a formal application; they just approach and say, “There’s an event coming up and we think it meets the criteria. If you agree, will you make the relevant negative statutory instrument?” It would be for the Home Office and the Government to decide whether the criteria were met, and the SI would then go through the normal negative process, potentially quite quickly.

The hon. Gentleman reeled off a number of saints’ names. Just to manage expectations, it is worth putting it on the record that this is intended to be a rarely used power. I do not know how many saints there are in total, but I think there are quite a lot, and we would not want this to turn into a back-door extension of licensing hours from 11 pm to 1 am, or whatever it might be, as a matter of routine. I do not think the intention is that this will be used for every single saint in heaven, if that is the right turn of phrase.

[Grahame Morris]

We could do it for Armed Forces Day.

[Chris Philp]

The hon. Gentleman is mentioning ideas from a sedentary position. There are a lot of ideas, but we should have quite a high threshold. It should be a rarely used power, and it would not be right if we had 20 or 30 extensions a year. That would be effectively moving the closing time for pubs on a semi-systemic basis. We should be reserving this power for relatively rare and relatively significant occasions.

I am here as the police and crime Minister, as well as the Minister responsible for licensing. The police have expressed some concern about extensions relating to sporting events—particularly football, but it might apply more widely. They are worried that disorder might result if people get more drunk than they otherwise would. We have listened to that concern and decided that on balance this is worth doing. We will consider each application on its merits as it is made. However, there are two sides to the coin, and before we attempt to unleash a tsunami of applications we should keep in mind that there is a balance to strike.

The hon. Member for South Shields has set out the technicalities very well indeed. I thank her for her diligence and application.

Oral Answers to Questions

Grahame Morris Excerpts

Monday 15th January 2024 Commons Chamber

[Tom Tugendhat]

The question about what is a fraud is becoming all too prevalent. We have heard of many different kinds of fraud coming up in many different areas, which is why in a few weeks’ time we will, I hope, launch a new comms campaign about it. The truth is that fraud affects so many people in so many ways, and we are trying to make sure that people know what is going on so they can claim the help and support that they need, to make sure that we defeat this pernicious evil.

[Grahame Morris (Easington) (Lab)]

We simply do not have the resources or expertise to tackle fraud. I have a constituent who is still waiting for a charging decision five years after being the victim of fraud. Her retirement has been ruined waiting for the police and the Crown Prosecution Service to make the charging decision. Durham constabulary has a single forensic account. Does the Minister believe, as I do, that a lack of specialist resources is leading to unacceptable delays in justice?

[Tom Tugendhat]

I completely understand the hon. Gentleman’s point, and that is exactly why this Government have introduced a new national fraud squad—which is now almost fully recruited, at 400—and increased the funding available to forces to fight fraud. Some forces are doing exceptionally well at this already. Avon is doing extremely well and the City of London police is doing exceptionally well in leading on fraud nationally.

Draft Strikes (Minimum Service Levels: Border Security) Regulations 2023

Grahame Morris Excerpts

Monday 27th November 2023 General Committees

[The Minister for Immigration (Robert Jenrick)]

I beg to move,

That the Committee has considered the draft Strikes (Minimum Service Levels: Border Security) Regulations 2023.

It is a pleasure, as always, to serve under your chairmanship, Ms Elliott. I welcome the opportunity to discuss these important draft regulations, which were laid before the House on 7 November.

The draft regulations will introduce new powers for the Secretary of State to create regulations that will prescribe minimum levels of service for certain sectors during strike action. Employers may issue a work notice in order to deliver those minimum service levels. The powers are available to the Secretary of State across a range of sectors, including health, education, transport, fire and rescue services, and border security.

The ability of staff to take strike action is an integral part of industrial relations. The security of our borders, however, is something that we cannot and will not compromise. To maintain services at our borders is essential to our security and prosperity as a nation. We depend on our skilled professionals to ensure that, 24 hours a day, 365 days a year, our borders are strong and effective.

We must also consider the disruption caused to and costs incurred by passengers and businesses, who expect essential services they pay for to be there when they need them. We also have to consider the impact on those called in to cover for staff going on strike, including on members of our armed forces who, commendably, have stepped up to fill vital roles during recent industrial action. It would be irresponsible to rely on such short-term solutions indefinitely to protect our national security.

The Government assess that, in the event of strike action by those charged with securing our borders, there are significant risks to the safety of our communities. Criminals might seek to take advantage of strike action to enter our country or to move illicit commodities through our ports and airports. People smugglers might seek to exploit gaps in our patrol activity to land illegal migrants on our shores. For those reasons, the Government decided to include border security in the scope of the Strikes (Minimum Service Levels) Act 2023.

These draft border security regulations have two essential purposes: first, to make provision for minimum service levels during strikes regarding relevant border security services; and, secondly, to define those relevant border services. The regulations set out that border security services should be provided at a level that means they are

“no less effective than they would be if the strike were not taking place”.

The draft regulations set out that passport services such as those that

“are necessary in the interests of national security”

will be

“provided as they would be if the strike were not taking place on that day.”

They also define the relevant border services that must be provided as

“the examination of persons arriving in or leaving the United Kingdom…the examination of goods…imported to or exported from the United Kingdom, or…entered for exportation or brought to any place in the United Kingdom for exportation…the patrol of ports, and the sea and other waters within the seaward limits of the territorial sea adjacent to the United Kingdom…the collection and dissemination of intelligence for the purposes of the services…the direction and control of”

those engaged in providing those services; and such passport services as may be necessary for national security reasons.

Once the employer has decided to engage the new provisions, the Act enables them to issue work notices to trade unions during strike action. A work notice is a notice given in writing that levels of service as set out in the minimum service regulations are to apply.

[Grahame Morris (Easington) (Lab)]

Will the Minister give way?

[Robert Jenrick]

If I may finish the next paragraph, I will certainly come back to the hon. Member.

The trade union must then take reasonable steps to ensure that its members do not take strike action. It is important to note that the Act forbids an employer, when setting a work notice, from having regard to whether an employee is a member of trade union, has taken part in trade union activities or has used its services in the past. If a union fails to take reasonable steps, it may lose its legal protection from damages, claims and injunctions. The Department for Business and Trade will bring forward separate statutory guidance on “reasonable steps”.

[Grahame Morris]

The Minister said that this is a significant piece of legislation intended not to outlaw strikes, but to ensure minimum service levels. Quite a number of people disagree with the Government’s intent and whether the legislation is the appropriate vehicle to achieve that, but I am asking for a point of clarification on the draft regulations. Beforehand, I was looking through the impact assessment and our obligations as a country under international law. Concerns have been expressed by the trade unions—I should add that I am a member of the PCS parliamentary group, so I declare an interest—to suggest that this legislation is in breach of article 11 of the European convention on human rights; article 3 of the freedom of association and protection of the right to organise convention No 87 of the International Labour Organisation; article 8 of the international covenant on economic, social and cultural rights; and paragraph 4 of article 6 of the European social charter, which came into force in the year of my birth, 1961. I am interested in the Minister’s view of whether we are in breach of international law.

[Robert Jenrick]

We would not introduce the draft regulations if we believed that we were in contravention of our legal or international obligations. We do not believe that to be the case. It is worth stating that restrictions on the right to strike are common across Europe and signatory countries to the European convention on human rights. Minimum service levels exist in a range of countries in the EU and globally—

--- Later in debate ---

[Robert Jenrick]

The hon. and learned Lady knows that article 11 is a qualified right. We strongly believe that, although there must be a right to strike, it must be balanced—qualified—by the need to protect the general public and ensure national security, and that is the crux of the argument. It is also worth saying that we will introduce compensatory measures, in the form of non-binding conciliation, to compensate the personnel who will be affected for interfering with that qualified right. Taken together, we believe that all of that satisfies our legal obligations.

The regulations stipulate that border security services can be provided only by those who already provide border security services or the relevant passport services required in the interests of national security, which means we will no longer need to rely on outside resource to provide cover. As I have said in answer to interventions, in the past we have used civil servants working elsewhere and, above all, members of the armed forces. We acknowledge and appreciate the efforts of colleagues who provided that cover, but we also recognise that that is not a long-term solution.

[Grahame Morris]

Can I draw the Minister’s attention to his comments about the use of the armed forces? I fully understand what was done in the pre-Christmas period last year because of the enormous queues that built up at airports and ports, but I have been told anecdotally that, because members of the armed forces could not operate the technology—they did not have any choice about this, and they were instructed to do it—they were simply waving people through. Anybody could have come in—people smugglers or anyone. If that is the last resort, surely the best solution is to negotiate with the trade unions to ensure that we have the right number of trained staff at our ports and airports and that an efficient service is operating for passengers and in the interests of national security.

[Robert Jenrick]

First, I strongly refute what the hon. Gentleman has just described, which does a disservice to those members of the armed forces who served throughout the year and particularly over Christmas. I, for one, met members of the armed forces last Christmas Eve and saw the work they were doing; they gave up their Christmas to serve the general public, and I do not want to see that happen again in future.

However, the hon. Gentleman’s point is valid in so far as it is obviously preferable to have properly trained individuals doing this task, which is precisely why we need these minimum service levels. It is not just about operating the primary control points at our airports, but about ensuring that we have proper counter-terrorism responses; that all the goods that enter and exit our country are properly checked, so that we have counter-narcotics operations in place; and that we have the resources in place in the short straits, so that if there are issues with small boat arrivals, lives can be saved and individuals can be met appropriately upon arrival in the UK. This could not be a more important subject, which is why we need the proper processes in place, and it is only by maintaining a minimum service level among permanent personnel that we can achieve that on behalf of the public.

To conclude, the public rightly expect us to ensure there is a fair balance between maintaining a secure border and the ability of workers to strike. These new border security minimum service levels will ensure that we have that balance between delivering the best possible service to the travelling public, maintaining a secure border and the ability of workers to strike, as is already the case in a range of countries in Europe and beyond. I commend the regulations to the Committee.

--- Later in debate ---

[Grahame Morris]

I am grateful for this opportunity to raise some points about this important legislation. As I mentioned earlier, I am a member of the PCS parliamentary group—and virtually every other trade union group, as a matter of fact.

I want to place on the record the concerns of PCS and the broader trade union movement about the implications of this legislation, which threatens to strip thousands of Border Force workers—and, we now learn, an as yet undetermined number of Passport Office workers—of their fundamental right to strike. That right should be protected not only by our own domestic laws but by international agreements. I raised that point earlier with the Minister, and it has been reinforced by the hon. and learned Member for Edinburgh South West and the hon. Member for Glasgow Central.

The work undertaken by Border Force and the Passport Office is undeniably crucial, but a substantial body of opinion in the trade unions and beyond believes that this legislation is contrary to international law. It is both dangerous and reckless. We find ourselves at a crossroads. By introducing such a measure, our Government seem to be turning a blind eye to our international commitments on the right to strike.

Fundamentally, it is imperative to acknowledge that the right to strike is enshrined in the Human Rights Act 1998, article 11 of the European convention on human rights, the International Labour Organization’s convention 87, and article 6, clause 4 of the European social charter. By pushing ahead with the legislation, the Government are unfortunately disregarding those vital international agreements.

I want to take issue with the Minister’s comments about what was happening in Europe and their legislation to restrict strikes. I happen to know from personal experience that French rail workers are part of an agreement; they have a different system of sectoral agreements. They staged a strike that had a paralysing effect on Eurostar services at the weekend, despite the legislation in place. The solution, I suggest, is not draconian legislation but negotiation and discussion to find an amicable solution.

We should not forget that the UK already has some of the strictest anti-trade-union laws in Europe. With the introduction of the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014—I believe that you served on the Bill Committee, Ms Elliott—the Trade Union Act 2016, and regulations permitting the recruitment of agency workers during strikes, the Government have already placed significant restrictions on workers’ rights and have significant powers in their toolbox. This year, not surprisingly, we have witnessed widespread industrial action because of the cost of living crisis—not because people have been staring at a full moon. Ordinary working people are really struggling to make ends meet and to pay increased fuel and electricity bills. The price of butter and basic commodities, as well as rents, have increased, which has prompted workers across the economy, in both the public and private sectors, to go on strike.

The regulations, however, appear to be a crude attempt to undermine the effectiveness of trade unions and limit the ability of Border Force and Passport Office workers to take any effective industrial action. They could even lead to the absurd position of trade unions and their officials having to tell members who voted to withdraw their labour that they must come in on strike days.

Make no mistake: this is an authoritarian crackdown on human rights completely alien to progressive European rights and the notion of freedom of expression. If the regulations are really about service to the public they should address some of the more fundamental issues such as understaffing on non-strike days. The undeniable truth is that workers in both Border Force and the Passport Office play a vital role in the functioning of the United Kingdom and indeed, as Government Members have pointed out, in relation to national security. Rather than restricting their rights, the Government should consider proper remuneration as a means to recognise and appreciate their contributions.

The draft statutory instrument proposed by the Government, indicating that border services must remain as effective on strike days as on non-strike days, is not only restrictive but raises a legal question about the proportionality of such a measure. The impact assessment on border security minimum service levels warns that some people’s right to strike will ultimately be affected. Border Force staff numbers based at smaller ports and airports, as the hon. Member for Glasgow Central indicated, especially in Scotland, are very low, so staff based at these locations could be more likely to receive work notices and less likely to be able to undertake strike action compared with other staff.

There is an impact on those who have caring responsibilities and those who have disabled relatives. There are also issues of religion. Those are protected characteristics that a good employer would recognise, even on non-strike days, and seek to accommodate in staff rotas. The Government have estimated that 70% to 75% of staff at Border Force will be required to work on a strike day, which is three out of four workers. The Minister must explain why that level of minimum service is proportionate and why it does not amount to a complete ban on the right to strike.

The regulations on border security present the most restrictive minimum service levels to date, even when compared with other sectors mentioned by the Minister. This is not just an attack on the rights of workers but a departure from the progressive principles of European rights and freedom of expression. The Government and the Minister must provide a clear and proportionate justification for the measures, keeping in mind their obligations under international law and the rights of our citizens.

[Joanna Cherry]

It is a pleasure to serve under your chairpersonship, Ms Elliott, and a particular pleasure to follow the speech of the hon. Member for Easington.

I am grateful for the opportunity to make a few remarks about the regulations in my capacity as acting Chair of the Joint Committee on Human Rights. Back in March, we published a legislative scrutiny report on the Strikes (Minimum Service Levels) Bill, as it then was, and raised a number of serious concerns about the Bill’s compatibility with the United Kingdom’s obligations under international law, including in particular the right to freedom of assembly and association guaranteed by article 11 of the European convention on human rights, which of course is part of our domestic law by virtue of the Human Rights Act. As I said in my intervention on the Minister, although article 11 does not expressly refer to the right to strike, the European Court of Human Rights has interpreted it as covering the taking of strike action, for example in the case of Ognevenko v. Russia.

During the passage of the Bill, there were many references to arrangements in other European countries, as there have been today. To my knowledge, no European countries apart from Russia and Hungary impose minimum service levels from the top down, without negotiation or arbitration, in this way. I suggest that that is not company that the United Kingdom Government should wish to keep.

The draft regulations continue to cause the Joint Committee concern. We need to remember that, as we discuss in our report, the consequences of employees failing to work when required to do so by employers that impose minimum service levels through work notices, and of trade unions not taking reasonable steps to ensure that members comply with the work notices, include a loss of automatic protection against dismissal for participating in a strike. That is a major consequence for any individual worker, particularly in today’s climate, which was so ably described by the Member for Easington. In our original report, we expressed concern that such severe consequences may amount to a disproportionate interference with article 11. Having considered the draft regulations, we remain of the view that they could impose a disproportionate interference with article 11.

At the end of last week, in my capacity as acting Chair, I wrote to the Secretary of State for Business and Trade to raise concerns about the border security regulations and the other regulations being debated today. In particular, the border security regulations permit an employer to serve a work notice that requires border services to be “no less effective” on a strike day

“than they would be if the strike were not taking place”.

That kind of defeats the purpose of holding a strike, and therefore arguably completely undermines the right to strike. The Joint Committee on Human Rights recognises the crucial service carried out by border service staff and applauds them for it. But the proposed minimum service level raises a question not only about the ability of many individual employees to participate in a strike, but about the extent to which the strike could serve any purpose at all. As we have heard, particular concerns arise in respect of small ports and airports, where “no less effective” services could result in staff teams being effectively prevented from striking at all. As my hon. Friend the Member for Glasgow Central said, that would have a particular impact in Scotland, which has a number small ports and smaller airports.

The Trades Union Congress is rightly very concerned about the implications of both the Act and the draft regulations. I met with them a couple of weeks ago, after the regulations were laid, to discuss its particular concerns about the border security regulations and the other regulations. The TUC made the point that, in contrast to the other regulations, the border security regulations are very short, but they are very strict. They will mean that probably only one in four workers in this field will be able to go on strike and that services must remain as they are on non-strike days.

The regulations set out that border security services should be provided at a level that means they are no less effective. That will include the examination of people and goods, the patrolling of ports and airports, and the collection and dissemination of intelligence. It goes beyond security issues.

[Grahame Morris]

I am not a barrister or a lawyer, but I do think this is a really important point. Is there an analogy between reasonableness and proportionality? Would it be reasonable to have an independent arbiter of what constitutes a reasonable proportion of the workforce, rather than a Minister?

[Joanna Cherry]

That is what happens in many other European countries. Of course, any interference with the article 11 rights has to be proportionate, and given the extent of these regulations, there is a very real argument as to whether the interference is proportionate. I believe that it is not.

I note—and the TUC drew to my attention—that the Government estimate that the regulations will mean staffing levels of around 70-75% of Border Force. Only one out of four people working for Border Force will be able to exercise their right to strike; that strikes me as rather disproportionate. As my hon. Friend the Member for Glasgow Central said, this is all because the Government say

“all ports and airports should remain open on a strike day.”

As I understand it from the TUC, the Government are committing that they will agree to engage in conciliation for national disputes in relation to border security. Where the relevant unions agree, that would be helpful, but it is not written into the regulations. I wonder why that is not written into them; will the Minister address that?

The impact assessment for the border security minimum service levels warns, not surprisingly, that some people’s rights to strike will be effected. It says:

“As Border Force staff numbers based at some smaller ports and airports are very low, Option 2”

—the one the Government opted for—

“could mean that staff based at these locations are more likely to receive work notices, thus they are less likely to be able to undertake strike action, when compared with other staff. Similarly, the requirement to maintain particular border security functions during strike action could mean that officers trained in critical functions are less likely to be able to undertake strike action than those who have not taken the training.”

The point the TUC made to me is that it is unacceptable that such a profound effect on a fundamental right—that of the right to strike—should not be subject to a more detailed analysis than it has been in the impact assessment.

I have already raised a couple of questions that I want the Minister to address, and I will add two more. The Minister said in response to my earlier intervention about the law that the Government are satisfied that border security workers, particularly those at small ports and airports, will be able to exercise their article 11 rights if these regulations are passed, and the minimum service levels contained in them are imposed. Having regard to the points I have made about the numbers of people who would be prevented from exercising their right to strike—it looks like 75%, and indeed 100% at small ports and airports—will the Minister explain—

--- Later in debate ---

[Joanna Cherry]

The hon. Lady is going on about the rights of the public. Yes, of course the public have rights. The public have the same rights as the workers—in fact, many members of the public are workers. There is not some sort of strange grouping called “trade union members” and “workers”, and then the “public”. Many members of the public in this country are still trade union members. Many of my constituents are trade union members. Many of the hon. Lady’s constituents will be trade union members. These rights are rights of members of the public.

I think the hon. Lady is talking about the rights of the service users. Yes, the law does balance the rights, but it has to be a proportionate interference. My point is that when some workers are being prevented from striking altogether, and when in other cases 75% of the workforce are being prevented from striking, that is not a proportionate interference. We will not see such interference in other European democracies unless we care to dignify countries like Russia and Hungary with the word democracy—I do not think many of us would. That is the company we will be keeping. This is draconian. To suggest otherwise is simply, factually incorrect.

[Grahame Morris]

The hon. and learned Lady is making an excellent point, and making it far better than I could. I would like to reinforce the point. Article 11 states:

“Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.”

The right for trade unions to take industrial action is further enshrined in the International Labour Organisation’s convention 87 and article 6(4) of the European social charter. The legislation seems to disregard those legal obligations.

[Joanna Cherry]

I am grateful to the hon. Gentleman for that intervention—[Interruption.]

--- Later in debate ---

[Robert Jenrick]

I will try to respond swiftly. I will first make a general point and will then come to some of the specific questions that were asked.

The general point is this. In some of the speeches we have just heard, although not all, there seemed to be a casual disregard for some of the issues we are dealing with. We are talking about how to maintain our national security and stop terrorists who, if allowed to enter our country, might pose a serious and credible risk to our fellow citizens. We are talking about how we ensure that, even on a strike day, we intercept sizeable quantities of drugs, weapons and contraband. We are talking about how we ensure safety at sea. We are talking about ensuring that migrants crossing in small boats do not drown and that when they arrive at Western Jet Foil and Manston, there are Border Force officers to do national security checks on them to protect the general public.

Even though it may not seem important to some, we are also talking about the queues at our airports, which all our constituents think are extremely important. Since I have been a Minister, few things have filled my mailbag as much as out-of-control queues at airports ruining people’s holidays and trips abroad, and making it difficult to do business travel.

What we are talking about today is not some incidental policy: it is absolutely critical to our country. As the Minister responsible for combating the strike action over the past year, I took the view, along with the Prime Minister and the Defence Secretary, that each and every one of those things matters immensely to our constituents.

[Grahame Morris]

rose—

[Robert Jenrick]

I will not give way to the hon. Gentleman.

That is why we deployed members of the armed forces. We asked young men and women to give up their Christmas holidays, often on pay and conditions substantially less than those of the Border Force officers whose places they were filling, to keep this country safe. That is why this measure is so important. I will not compromise on that, and I think it raises questions of fitness to govern if Labour Members do not consider these things to be important to our constituents and our country.

There was an extraordinary suggestion that we should respond just by closing ports. In what world would it be good for the United Kingdom to declare that the Port of Dover or Felixstowe is closed, or that there will not be any security checks at a small Scottish port because they do not matter? Well, they do matter: they matter to business, to national security and to the protection of the general public. The Government believe it is absolutely critical that every port in this country, large or small, stays open every day of the year, and that is why we are taking this action.

I turn to some of the specific points that have been raised, starting with the question of smaller ports. We take this issue seriously, and staffing requirements will depend on the exact nature of the strike. We will assess this on a case-by-case basis, depending on the circumstances, and we will take decisions to ensure that we are compliant with our legal obligations. To give an example of how we might do that, Border Force officers invariably move between ports on a regular basis. When we managed the recent strikes, we asked Border Force officers who were willing to come into work to deploy to ports where they would not ordinarily work, and in many cases they were willing to do so, so I am confident that that issue can be managed appropriately and in line with our legal obligations.

With respect to the question about introducing the regulations without having a voluntary arrangement for minimum service levels, we first sought the support and engagement of the unions, as one would expect, but they declined to engage with us. It was only when they declined that we decided to proceed with the policy. With respect to the question about the scope of the arrangements under the regulations, I go back to my earlier remark: those wanting to limit their scope need to say which things do not matter. Which of these things do they not want to be open on any given day? Is it that they do not want counter-terrorism activities to be happening? Do they want very large queues at our ports? Do they want goods no longer to be checked at the Port of Dover? That is what one has to think through, and we took the view that each and every one of those things matters, which is why we need to have the level of minimum service that we have set out in the regulations. However, I will caveat that by saying that the test is that the system should be no less effective. Not all border services are in scope—just those identified in the regulations—and we have not set out exactly which services would be operating on any given day, precisely because it would be extremely naive to signpost to terrorists, smugglers and criminals which activities would be stood down on any given day. We do not do that, we have not done it on recent strike days, and we do not intend to do it with the passage of the regulations.

With respect to the question about the Passport Office, we are applying the regulations only to those services that are integral to national security, and I hope that everyone across the House supports us in that regard. We estimate that that is no more than a dozen individuals, so with all due respect, I think the hon. Member for Easington is getting ahead of himself on that. The sorts of functions we are talking about include identifying stolen passports and forged documents, and I would not want to be the Minister for Immigration on a day on which we were not able to identify either of those things, because they are integral to the security of our borders.

Equipment Theft (Prevention) Bill

Grahame Morris Excerpts

Committee stage
Wednesday 1st February 2023 Public Bill Committees

[Greg Smith]

I am grateful to my hon. Friend for her support. I discussed the Bill with her in some depth during its creation, and I am grateful for her input in getting it this far.

Let me briefly explain what each of the clauses is designed to do. Clause 1 provides a power for the Secretary of State to make regulations to restrict the sale of equipment where certain requirements have not been met. The requirements are set out in clause 1(3), including that the equipment is fitted with an immobiliser, a unique identifier and

“a visible indication that it is marked with a unique identifier.”

Clause 1(2)(a) defines machinery to allow the provision to cover all-terrain vehicles such as quad bikes. Clause 1(2)(b) allows regulations to specify

“other equipment designed or adapted primarily for use in agricultural or commercial activities”—

for example, in the construction sector, or tools and equipment used by tradespeople. Clause 1(4) states that the provisions cannot relate to sales of equipment within the supply chain—for example, from a manufacturer to a trader—as the Bill is very much about the point of sale to the end user. I urge the Committee that the clause should stand part of the Bill.

Clause 2 provides a power for the Secretary of State to make regulations to specify information to be recorded in connection with the sale—for example, the owner’s contact details and details of the specific forensic marking. At this point, it is important to note that there are many different types of forensic marking in the marketplace. The Bill does not seek to say one is necessarily better than the others—that is for the regulations that will be set out through secondary legislation in conjunction with negotiation with the industry. The regulations may include

“when the information must be recorded”,

how long it must be kept and what form it must be kept in. For example, the regulations may specify that the information must be held in an online database. In practice, I expect the information will be registered on the database maintained by the company whose forensic marking product has been used, rather than some form of new, national database. Clause 2(4) excludes second-hand equipment or sales within the supply chain. I commend the clause to the Committee.

Clause 3 covers enforcement of the legislation in the event of non-compliance. Clause 3(1) creates the offence. A person commits an offence if they sell equipment in breach of the requirements imposed by the regulations made under clause 1 or clause 2.

[Grahame Morris (Easington) (Lab)]

I congratulate the hon. Gentleman on bringing the Bill forward, and I am pleased to support it. I want to point out, particularly to the Minister, that while the losses that the farming community suffer are terrible, and it is awful when criminals benefit from the subsequent sale of this equipment, another dimension is its use for antisocial purposes, particularly in constituencies such as mine, where quad bikes are being used to terrorise communities. These individuals are using cycleways and cycle paths, and the police find it incredibly difficult to apprehend them, because they are really reckless in their use of these quad bikes. If, through the Bill, we can stop those individuals getting their hands on these all-terrain vehicles, it is to be welcomed, and I am happy to support it.

[Greg Smith]

I am grateful to the hon. Gentleman for his intervention. We work well together on the Transport Committee, and it is a pleasure to work with him on the Bill. He makes an excellent point. The immobiliser and unique key provisions in the Bill are the most critical to preventing the antisocial use of stolen quad bikes. As I said on Second Reading, at the moment it is far too common for a key for a particular manufacturer’s quad bike to be able to start all of them. If we make it far more difficult for opportunist thieves and those who wish to go joyriding in an antisocial manner to be able to start the things in the first place, it will cut down on that antisocial use.

--- Later in debate ---

[Chris Philp]

Yes. The intention is to do it as a minimum for ATVs. As I said, given how strong feelings are on both sides of the House, as expressed on Second Reading and in Committee this morning, I would like us to try to find a way to make it work. I know that Home Office officials are working on that at the moment. When my hon. Friend the Member for Buckingham and I spoke to the police superintendent responsible for fighting crime in this area, he was also supportive of going further.

[Grahame Morris]

Tackling the antisocial behaviour of individuals using quad bikes and all-terrain vehicles needs enormous police resource, including specialist equipment and specially trained officers, because those involved ride them in a reckless fashion, endangering themselves and others. If, as was suggested, we can do an early intervention, that would save a great deal of police resource that could be redeployed elsewhere.

[Chris Philp]

The hon. Gentleman makes a good point. The murmurs of assent that rippled around the Committee Room as he spoke indicate that Members on both sides of the Committee agree, and so do I.

I do not want to detain the Committee any further. This is a good Bill. The clauses were eloquently explained by my hon. Friend the Member for Buckingham and it gives me great pleasure to add my support to that of other hon. Members.

Fire Services: North-east England

Grahame Morris Excerpts

Wednesday 23rd November 2022 Westminster Hall

[Grahame Morris (Easington) (Lab)]

It is a pleasure to serve under your chairmanship, Sir Gary. I congratulate my good and hon. Friend the Member for Washington and Sunderland West (Mrs Hodgson) on her determination in securing this important and timely debate. I declare an interest as a member of the FBU parliamentary group and a proud supporter of our firefighters and their trade union. I place on record my thanks—indeed, those of all of our members—for the excellent work that our firefighters do.

The funding crisis in fire and rescue highlights a basic contradiction in the Government’s rhetoric. Whether we are talking about a northern powerhouse or levelling up, the reality is that we face higher taxes and cuts to services. I saw an interesting statistic from the Office for National Statistics that highlighted that contradiction. It showed that between 2006 and 2020, average wealth fell 17% in the north-east while increasing in every other region, bar the east midlands. London and the south-east led the way, with their wealth increasing 63% and 43% respectively.

As we have heard, County Durham and Darlington Fire and Rescue Service has lost around £10 million in Government funding over the past 12 years when we take inflation into account. Our fire and rescue authorities experienced a shift over the past decade so that two thirds of their overall funding now comes from local taxpayers.

I have a solution for the Minister, if she cares to act on it. The problem is that our choice is not between raising council tax and cutting services; due to the nature of the grant and the low council tax base, we are likely to have increased taxes and cuts to services. Clearly, that is unfair and unsustainable. Council tax is an unfair, regressive and broken system that places the heaviest burden on communities with the highest demand for services and the lowest ability to pay. We need to scrap that unfair tax and deliver a fairer system that is based on wealth, the ability to pay, and delivering public services based on need. My message for the Minister is to match the rhetoric with action, whether on the northern powerhouse, levelling up, or one nation, compassionate Conservatism.

The first step to resolving the funding challenge is to replace council tax with a proportional property tax that would balance an area’s ability to pay and deliver services based on need. Can the Minister explain how we will secure additional funding for County Durham and Darlington if not through a proportional property tax, given that it cannot be raised through our low council tax base?

[Several hon. Members rose—]

Community Payback

Grahame Morris Excerpts

Tuesday 28th June 2022 Commons Chamber

[Kit Malthouse]

I salute my hon. Friend for doing his civic duty as a magistrate and he is right that these decisions are effectively for the independent judiciary and we are very limited in what we can do in terms of flexibility. My hon. Friend also rightly highlights that we regularly take those who fail to complete their community service requirement in front of judges for alternative sentencing or for reaffirmation of the sentence. I hope my hon. Friend made the right decision when sitting as a magistrate; I am sure he will have done.

In stark contrast, our brethren in Scotland decided, other than in certain cases, to write off 35% of the hours accumulated because of the covid-19 backlog. We in this part of the United Kingdom took a completely different decision, recognising the importance of sentencing both to victims and for rehabilitation and punitive purposes, so we are persisting. That does however mean that we have a backlog, but also that we had to develop some necessary solutions to make sure sentences were delivered despite social distancing regulations.

The independent working projects, which the hon. Member for Lewisham West and Penge mentioned, were introduced as a temporary delivery method in response to covid-19 restrictions and have enabled us to maximise delivery during the pandemic and as the probation service recovers from the impact of the pandemic. All the products created by offenders during these projects were for the benefit of the community or for local charities. They have included a range of robust and practical tasks such as producing hats and scarves for Ukrainian refugees and making face masks and personal protective equipment during the pandemic. I am sure the hon. Lady would not see those jobs as any less valuable than cleaning up a churchyard. Those projects are still being deployed in a limited and targeted way to support our recovery and will be phased out by the autumn.

We cannot shy away from the fact that the probation service and community payback were, like the rest of the country, deeply impacted by the pandemic. As a result we have built up a backlog of cases and we need to make sure those and future cases are all delivered within 12 months. We are boosting our delivery capacity and maximising our efficiency, and to do that we are investing an additional £93 million in community payback over the next three years.

[Grahame Morris (Easington) (Lab)]

On probation, I attended the justice unions parliamentary group yesterday and subsequently had discussions with members of Napo, the probation officers’ union. They were at pains to point out the huge caseload many of their members are carrying and the difficulties that presents in terms of assessing cases and identifying those suitable for community service and community payback.

[Kit Malthouse]

The hon. Gentleman is right that the probation service has a heavy caseload, and that is why we are in the process of recruiting significant numbers of new probation officers; there were 1,500, I think, last year with more to come in the year ahead. We have been given significant investment by the Government to expand that capability and I am very aware of the caseload pressures across the country. It is therefore even more important that we should be given the flexibility to enable people to complete their sentences within the 12 months so as not to add to the burden by having to represent those cases in front of magistrates if the deadline is not met.

This significant investment will enable us to increase the delivery of community payback from the pre-covid benchmark of around 5 million hours a year to an unprecedented 8 million hours a year. These hours will be put to good use, with a particular focus on more outdoor projects that improve local areas, allow the public to see justice being done and build confidence in community sentences. We will be delivering more placements that restore pride in communities and add value to the work of local charities, building on the success of projects like one in south Yorkshire which saw offenders undertake 2,500 hours of work to transform a derelict building into a community centre for disadvantaged young people. The ramp-up will be facilitated by the recruitment of about 500 additional community payback staff who will bolster resources in every probation region. In January, we launched a national recruitment campaign and successful candidates are now commencing in post.

--- Later in debate ---

[Ms Brown]

My hon. Friend is absolutely right. Community sentences work because they include punishment while maintaining a link to the community and enabling progress on the problems that drive crime in the first place. The link to the community is perhaps the most important thing, because it helps people to maintain the hope that is necessary to change their life. Community payback orders can give people experience of work that helps their neighbourhood to thrive. The work can and should be hard, but it should also be rewarding, which can, in and of itself, create a motivation for further change.

What are the barriers to making this kind of sentence work well? A lack of investment in the probation service is part of the problem. When I was a shadow probation Minister, I frequently heard of probation staff taking on huge, extraordinary numbers of cases. Good, valued probation staff are not just an early warning system for when an individual is going off the rails; they are agents of hope, healing and personal change. That can only happen if professionals are given the time and resources to develop the real relationships that are essential if we are to turn lives around. It is about understanding the needs, vulnerabilities and risks of the people they are supervising. We need probation staff who organise unpaid work to have good links with employers, councils, colleges and local charities. They need a range of opportunities to be available so they can tailor the service to a person’s skills and needs. Most of all, they need the necessary time and trust to inform the courts of the most effective, most appropriate and fairest type of sentence.

[Grahame Morris]

My hon. Friend hits the nail on the head. The Minister suggested that Opposition Members do not appreciate the work of probation officers, so will my hon. Friend please set the record straight? We really do appreciate the work of probation officers, and we acknowledge the hiatus caused by the privatisation of the probation service. I hope the Government will recognise the value of probation officers in the current pay talks.

[Ms Brown]

My hon. Friend is absolutely right. If we are to turn around people’s lives, and if we are to make a dent in the crime on our streets, we have to resource those who are working with people who often have immensely disorganised lives, who may have a history of trauma and who might need a proper intervention by social services or the probation service to enable them to put their life straight. All too often, the only contact we have with the probation service is to criticise it for not recognising that somebody is about to go off the rails or has already gone off the rails and for not having a close enough eye.

The reality is that our probation service needs the resources to work properly with the people in its care, as well as resources for healthcare, drug rehabilitation, alcohol dependency and so on to use as tools in its work.

Antisocial Behaviour and Off-road Bikes

Grahame Morris Excerpts

Thursday 26th May 2022 Westminster Hall

[Grahame Morris (Easington) (Lab)]

I beg to move,

That this House has considered the matter of anti-social behaviour and off-road bikes.

It is a pleasure to serve under your chairmanship, Ms Fovargue. I acknowledge that there are many issues facing Parliament at this time, including the cost of living crisis, the increasing cost of fuel and increasing prices of energy and food, but there is also considerable concern about antisocial behaviour and off-road bikes. I know that you share my concerns, Ms Fovargue, and have had examples in your constituency of these terrible incidents, which can cause such trauma to people and have a negative effect on their quality of life.

The public and the police are seemingly powerless when it comes to antisocial behaviour caused by off-road bikes. My purpose in bringing this debate is to seek action from the Minister, which would be in contrast, with all due respect—I have raised this issue several times—to the disinterest shown by the Minister for Crime and Policing, the right hon. Member for North West Hampshire (Kit Malthouse), in whom I am very disappointed. I must relay the feelings that have been expressed to me. The public are losing confidence and faith in the police’s ability to tackle antisocial behaviour caused by off-road bikes.

There is no doubt about it: off-road bikes are being driven illegally and recklessly on our roads in my constituency of Easington, in the east of our county, and in many other right hon. and hon. Members’ constituencies. That is not just my opinion; I hope to show that the police share my and the public’s frustration at their lack of powers and the lack of direction from central Government. The police, not just in County Durham, are looking to the Government for the guidance and protection they need to act robustly against off-road bikes causing antisocial behaviour.

I thank my hon. Friend the Member for Croydon Central (Sarah Jones), Labour’s shadow police and fire Minister, who knows about the Horden Hub House, the Horden masterplan, and the crime and antisocial behaviour that blight that community and other former mining communities in east Durham, because she actually took the time to visit, speak to residents and sit down with community groups. I urge the Minister to do the same. It is comforting to know that we have a friend and ally who is a strong advocate.

Sadly, the public are losing confidence in the police. YouGov routinely asks the public whether they have confidence in the police’s ability to deal with crime in their area, and the trends are worrying: 47% of the public lack confidence in the police’s ability to tackle crime, compared with only 43% who are confident in the police. Overall, the number of people who believe the police are doing a good job—this is nationally, not in County Durham—has fallen from 75% to 53% in the past two years. I hope that sets some alarm bells ringing. But statistics do not measure the trauma, and do not paint a full picture of the fear of uncontrolled crime and the sense of lawlessness when antisocial behaviour and criminality are allowed to go on without challenge and intervention. I will give a few examples.

In Westmorland Rise in Peterlee in my constituency, residents have been left frustrated, miserable and in despair after their homes and vehicles were repeatedly covered in mud kicked up by off-road bikes and quad bikes, driven in a fashion to deliberately throw mud on the sides of the houses of the people who were complaining and destroy the green spaces. A respected local councillor, Louise Fenwick, sums up the feelings of the community:

“Not only are these joy riders terrorising residents, but they are destroying Peterlee’s landscaping and causing damage to homes.”

After years of antisocial behaviour blighting Shotton, I attended a Police and Communities Together public meeting at St Saviour’s church in Shotton. I could barely get in the church hall, but I can only say that the community was left bereft. Residents fear reprisals if they report crimes to the police, with their vehicles often targeted for arson—that is a very common threat. When residents report incidents, they can face extended waits on the telephone on the 101 service, only to be told there is nothing that the police can do.

Representatives of a business that we are all very proud of—I will not name it in this debate, but I am happy to share the details with the Minister afterwards—report how off-road bikes and quad bikes threaten their patrons’ lives, health and safety, yet the most basic remedial work is not being undertaken to prevent access to their land. I listened in despair when they said that, had they known the extent of the problems, they would not have invested hundreds of thousands of pounds into their business in my constituency.

Members may be aware of the recent tragic case of a four-year-old boy from Bishop Auckland, in a neighbouring County Durham constituency, who was sadly killed when an off-road bike collided with a lamppost. It is only a matter of time before an incident of that nature happens again. The police tell people to report all crime —that is my message, too—but the lack of action, the difficulties people face in getting through on the telephone lines, and the fear of reprisals lead to an under-reporting of crime. Where people make a stand, they can face life-threatening consequences. I want to highlight a case of that, and I will name the individual, because it has been well documented and he has been very brave: Sean Ivey, a resident of the neighbouring constituency of Sedgefield, whose home was targeted in an arson attack and burned to the ground after he spoke out against antisocial behaviour.

The community knows the solution: more police. The Government will no doubt claim that they are recruiting an extra 20,000 police officers, but that is not the complete picture. True, the Government are restoring the 20,000 police officers they cut since 2010, but unfortunately it is going to take many years to recover those thousands of years of accumulated experience of serving police officers. Extensive and effective community policing and intelligence gathering is the key to addressing antisocial behaviour, and we are paying the price for a decade of Tory neglect and austerity when it comes to crime.

In addition to police, high-quality youth, community and sports offerings can divert young people away from antisocial behaviour. Youths congregating on the street can be intimidating; however, in my constituency, they often have little option, because youth services have been decimated. I must also note that it is not just young people who engage in antisocial behaviour, and it is not all young people. It is a small minority, but where that exists, we can see the community benefits of football clubs, boxing clubs, athletics clubs, cricket teams, cadet services and youth groups.

However, those services have been undermined, with billions cut from council budgets all across the county where there are no safeguards for non-statutory youth and community services. I am old enough to remember the mantra of the last Labour Government: tough on crime, and tough on the causes of crime. Sadly, this Government are failing on both counts. The closure of public services such as libraries, the undermining of community policing, and growing levels of poverty are some of the causes of crime.

In a written parliamentary question, question 70255, I asked the Home Office to produce a national police strategy for tackling antisocial behaviour and crime associated with off-road motorbikes. That question was a direct ask from police officers fed up of explaining to my constituents why they cannot pursue people criminally using off-road motorbikes or adopt practices such as tactical contact, which the Metropolitan police use to tackle moped muggers. Officers who use these tactics do so with the fear they could be jailed or sacked if a rider is injured.

I want to highlight to the Minister the case of PC Edwin Sutton, who faced the sack and loss of his pension from the Metropolitan police after he was accused of breaching professional standards by using a dangerous method to stop a suspected moped mugger in 2017. After nearly 30 years of an unblemished career, PC Sutton went through two years of anguish after the Independent Office for Police Conduct ruled that he should face disciplinary proceedings. It took a tribunal to reject the IOPC position, ruling that his decision to block the rider in the circumstances was reasonable. The chair of the Metropolitan Police Federation, Ken Marsh, said that PC Sutton was effectively “thrown to the wolves”.

The request for a national police strategy for tackling antisocial behaviour and crime associated with off-road motorbikes is a call from police officers asking for guidance and protection when tackling this type of antisocial behaviour. When I raised this issue with the Minister for Crime and Policing, he said:

“The police have powers under the Road Traffic Act 1988 and the Police Reform Act 2002 to seize vehicles being used…illegally without a valid driving licence or insurance or in an antisocial manner.”

That includes motorbikes. The right hon. Gentleman went on to say:

“Decisions on when to use these powers are operational matters for Chief Constables in conjunction with local policing plans. They are best placed to understand how to meet the needs of local communities.”

In January this year, the Home Office updated statutory guidance to support local agencies to make effective use of these powers. In July, the beating crime plan laid out the Government’s plan for tackling crime and antisocial behaviour.

Durham Constabulary uses the powers available to it. Make no mistake: I am constantly lobbying for the police to intervene when there are cases, as there frequently are, of antisocial behaviour caused by off-road motorbikes and quad bikes. However, Durham Constabulary tells me that its powers are very limited. When an individual who is riding one of these bikes—even illegally and without insurance—refuses to comply, they cannot be made to stop. That is incredible.

Section 59 warning signs were put in place in Peterlee in my constituency, in Shotton, Wingate and Darlington, advising offenders of the power to seize illegal off-road bikes, quad bikes or 4x4s without the need to issue a warning. Durham Constabulary implemented Operation Endurance to crack down on antisocial riders. It was a success. It had its launch in the first week in February, in which 24 fixed penalty notices and 18 barring notices were issued, three illegal quad bikes were seized, three speeding tickets were issued, two stolen mopeds were recovered, one illegal off-road motorbike was seized, one other vehicle was seized, a driver was arrested for drug driving and another driver was charged for careless driving.

I posed another question—No. 76647—to the Minister for Crime and Policing and was advised that

“The Government has no plans to introduce an off-road bike national strategy.”

The Government should listen to police officers, who are fighting a losing battle when it comes to tackling antisocial behaviour from off-road motorbikes and quad bikes. Operation Endurance has succeeded, but seizing bikes does not always resolve the issue, with people causing chaos in our communities resuming their antisocial behaviour after sourcing a new bike. As I have mentioned, when people refuse to stop, the police are frequently unable to pursue them, so those involved in crime and antisocial behaviour are allowed to get away scot-free with their offending. The public are fed up with reporting these incidents, watching their communities being blighted, and there not being enough police officers to tackle the problem. I am looking to the Minister today to provide some of those answers.

--- Later in debate ---

[Sarah Jones (Croydon Central) (Lab)]

It is a pleasure to serve under your chairship, Ms Fovargue. I congratulate my hon. Friend the Member for Easington (Grahame Morris) on securing this important debate, which covers the whole country, including both rural and urban areas.

Many constituents have come to me about the disruption caused by off-road bikes being used on patches of land in my local community. The issue affects people everywhere, so this is an important debate to have. My hon. Friend painted a picture of the impact the issue has had on his constituents. He has been brought here to be a voice for those constituents, and he is a strong voice for them on this issue. We all understand the pain that they have gone through and how much he has done to champion their right to a more peaceful life.

We also heard loud and clear the message from the police that my hon. Friend had spoken to. I have had similar, very strong messages from the police about their need for more support. We need to ensure that they have the right powers and the tools they need to tackle the problem.

My hon. Friend the Member for Bradford South (Judith Cummins) has a lot of experience in this area and a lot of good ideas. It would be interesting to hear from the Minister why those ideas cannot simply be put into practice, as they seem to be very sensible. We need to do something in this area and I look forward to hearing what the Minister has to say about my hon. Friend’s suggestions.

Before Christmas, I travelled around the country to get a sense of the breadth and scale of antisocial behaviour more broadly, as well as how it affects people and what is being done about it. The problems caused by off-road bikes came up time and again. Feeling safe in our communities and our homes is a basic right, and I am afraid that after 12 years of Conservative Government our streets have become less safe.

Since the last Government came to power, crime is up 18% and prosecutions are down 18%. Violence against women and girls is at an alarming level. The police are struggling to do all the things we ask of them, while a mental health crisis rages through our country and they end up spending large proportions of their time dealing with some of those issues, which should be prevented elsewhere.

Every day, the impact of noise, graffiti, fly-tipping, drug dealing and misuse, vandalism and antisocial behaviour blights people’s lives. My hon. Friend the Member for Easington mentioned Sean Ivey, who I met when I went to Horden. His house was attacked by arsonists after he reported antisocial behaviour. His life was ruined—his house was burned down—and he is campaigning for change, as well as having to rebuild his own life. He wants to fundraise for youth centres, which I will come on to, and, as my hon. Friend the Member for Easington mentioned, they are a really important part of the picture.

New figures show that rates of arson are spiralling out of control. According to the latest crime survey, arson and criminal damage have risen by over 90,000 incidents compared with 2019, despite the country being in lockdown for the first three months of the year. The proportion of offences leading to a police charge is just 4.3%, down from 8.3% in 2015. Some 58% of investigations are closed without the police identifying a subject, equating to over 280,000 cases. These figures reflect a truly shameful record on crime. Arsonists cause huge damage to local communities, ruining not just people’s property but their sense of safety and pride in their community. I am sure the Minister understands the scale of the problems that we are talking about and will perhaps qualify her earlier remarks about antisocial behaviour being low-level crime. I do not think it is, and I know that our constituents do not think it is either.

Turning to off-road bikes specifically, there is clearly a problem. These vehicles are often driven loudly and illegally on roads at great speed, muddying the roads and ruining green space. Often they have been stolen from farmers in rural areas, and I talk to the police about this issue. Another issue, which we will have to talk about another time, is to do with insurance. It is quite technical, but the police are very frustrated because insurance claims on off-road bikes are paid out even if the key is in the ignition, so people can just turn up and steal them. There is work to be done there, but that is more of a matter for the Department for Environment, Food and Rural Affairs, and I will raise it elsewhere.

As my hon. Friend the Member for Easington talked about, action is being taken by Labour police and crime commissioners around the country, who have a grasp of the importance of dealing with this problem. In Gwent, represented by Jeff Cuthbert, 135 off-road bikes have been confiscated in the past year, which is quite some number. In Northumbria, where Kim McGuinness is the Labour PCC, bike and quad seizures have been informed by the use of long-lens cameras to identify offenders, and the police have been working with Crimestoppers to help people anonymously report those using bikes to carry out antisocial behaviour. Northumbria police are also cracking down on garages selling petrol to underage buyers and those with unregistered off-road bikes.

My hon. Friend the Member for Easington talked about the good work being done in his area, and I thank him for his kind words. I very much enjoyed visiting his constituency; such visits are an important part of trying to understand the issues that people face every day and what we need to do when we are in power. I met constituents and local groups at Horden Hub House in his constituency, and I saw the excellent partnership work that Horden is doing to help vulnerable people, who often have complex needs. I also met the Labour PCC, Joy Allen. As my hon. Friend said, Durham constabulary have introduced higher charges to keep dangerous vehicles off the streets and out of the hands of criminals. On seizure, there is an instant charge of £150 and then a £10 per day storage fee to reclaim the bike. On average, the amount paid to get the bike back is around £200, but only roughly 40% of bikes are reclaimed. If the rider does not have a valid licence to ride the particular class of vehicle or has no insurance, the only way they can get their bike back is to insure it and get a valid licence before paying the fee.

[Grahame Morris]

My hon. Friend is making an excellent point, particularly in relation to my constituency. May I point out—I am sure she saw this at first hand—the problems that we have in a constituency that is part-rural, part-urban? The organised crime gangs are making use of cycle paths, quad bikes and off-road bikes to distribute drugs. It is difficult for the police if the individuals who are involved in criminal activities refuse to stop. Often the bikes are stolen, and tracking them requires the use of drones and specialist police units on off-road bikes. It is an incredibly difficult problem, and we need a commitment from the Government and policies to support the police and their actions.

[Sarah Jones]

My hon. Friend makes an excellent point. We had quite some debate during the passage of the Police, Crime, Sentencing and Courts Act 2022, where some changes were made to what happens to police when they are chasing people on roads. There was acceptance that the current situation was unacceptable and that the police were putting themselves into potentially very difficult positions by doing the right thing. The same applies here: we need to ensure that the police can do what they need to do, and stop people when they can, without facing the problems that my hon. Friend talked about and that Ken Marsh commented on, in his usual robust fashion. My hon. Friend makes a clear point. The fact that PC Edwin Sutton had to spend two years waiting, and then go through a tribunal to overturn the IOPC, shows how the rules need to be looked at properly. Everybody got into a tangle over his case. It was not just his life that was put on hold; everybody was obviously struggling with the rights and wrongs of the situation. We do not want to have an entirely John Wayne attitude of, “Police gotta do what police gotta do,” but we do need to make sure that police can be confident that by doing the right thing they will not suffer negative consequences.

In Durham, lots of work is under way to tackle some of those issues. There has been some success. I congratulate the police and crime commissioners, who are making a difference, but they need support from Government to go further. We have talked about the need for enough police resources. My hon. Friend the Member for Easington talked about cuts to police, and made an interesting and important point that is not made often enough about the lack of experience that is the result of the loss of those 21,000 police officers. We have also had a 50% cut in the number of police community support officers. There is no plan from Government, unless the Minister wants to mention it today, to put those levels back to what they were. PCSOs are in our communities and neighbourhoods as the eyes and ears of the police force; they do the job that they do so that our police officers can deal with the more serious issues that we are talking about today. There are over 7,000 fewer neighbourhood officers on the frontline now than there were 12 years ago. Over 7,000—that figure is a woeful record for this Government.

I would be very interested to hear what the Minister has to say to my hon. Friends the Members for Easington and for Bradford South, who both asked for perfectly sensible policy changes. They asked, in particular, for a strategy around how we tackle off-road bikes. I would be interested to hear how that fits into the Minister’s wider plans on antisocial behaviour. We know there are many problems with the way that is tackled at a national level, not least the fact that the data on antisocial behaviour is not collected nationally in a proper way. It is very hard to get a full sense of the picture. I would be interested to know whether the Minister has any plans to increase the number of PCSOs—they help our police officers to do their job.

We have made commitments to put police back into our neighbourhoods by having neighbourhood hubs. Neighbourhood hubs mean that everybody knows where to go to interact with the police. It is not just about police; it is also about our local authorities, our enforcement officers and our youth services. As my hon. Friend the Member for Easington said, police can only do the job with the infrastructure that they need around them. All the diversionary tactics that he talked about—youth centres, sports and activity for our young people—are absolutely at the heart of his constituency. I saw that when I visited his constituency, and all the other constituencies I went to. Without the underpinning of useful things for our young people to do, the police will struggle even more. I thank my hon. Friend for his excellent speech, and I look forward to the Minister’s response.

[The Parliamentary Under-Secretary of State for the Home Department (Rachel Maclean)]

It is a pleasure to serve under your chairmanship, Ms Fovargue. I join with other Members in thanking the hon. Member for Easington (Grahame Morris) for securing this debate, and also the hon. Member for Bradford South (Judith Cummins) for her contribution.

I start by making it very clear that I know that antisocial behaviour causes a huge amount of concern and distress for constituents all over the country—as it does in my constituency. We all represent people who experience those crimes. I want to be very clear with the hon. Member for Croydon Central (Sarah Jones), and ask her to accept that I have explained to the House on numerous occasions how seriously I take that. I understand the impact of antisocial behaviour, and her characterisation of my remarks does not represent my view, or reflect the work that the Government and I, as a Minister, are doing.

At its worst, such behaviour plagues the lives of victims, stifles communities and ruins the enjoyment of public spaces. The Government will not tolerate that. We have always been clear that we stand on the side of the law-abiding majority, and that includes using every available measure to address antisocial behaviour.

The hon. Member for Easington has rightly raised specific concerns about off-road biking and the harm it can cause communities. Any form of antisocial, dangerous or inconsiderate behaviour involving vehicles, including off-road bikes, is a serious issue. He has suggested that we need a national strategy to deal with this problem; as he has mentioned, he has raised the issue in parliamentary questions. I will set out the Government’s response and the work we are doing and explain the rationale for our approach, which is a local approach. I will go into the reasons for that in detail.

I want to make reference to the excellent work of the hon. Gentleman’s elected Labour police and crime commissioner. Both the hon. Gentleman and the hon. Member for Croydon Central have recognised the considerable power, resource and funding that the Government have given to police and crime commissioners. It is our approach that the best way to tackle policing in this country is to preserve the operational independence of police forces, chief constables and the elected police and crime commissioners, who are directly accountable to their communities. We believe that that is the right way to tackle the worst forms of antisocial behaviour—indeed, all forms of antisocial behaviour.

As the hon. Gentleman said, we need to make sure that the police and local authorities have the tools that they need to tackle antisocial behaviour, including where that manifests itself through off-road biking. We need to make sure that the police are properly resourced.

Members will be aware that we are already over halfway to recruiting our target of more than 20,000 police officers. I want to put it on the record, and remind the hon. Gentleman, that Durham police have recruited 136 additional uplift officers as part of the uplift committed to by this Government, under this Home Secretary, with 90 more officers to come in the final year of the uplift programme. Durham police are fully meeting their targets, and we thank the force for its excellent work getting those officers on to the streets.

On the point about PCSOs that the hon. Member for Croydon Central has made to me on many occasions, it is, of course, a matter for those local police and crime commissioners and local chief constables, if they wish, to recruit those PCSOs. It is for them to decide the best mix of officer skillsets for their local communities. They are close to their communities; they are elected to serve them. It is a decision for them.

[Grahame Morris]

I thank the Minister for giving way. I mean no criticism of either Joy Allen, our excellent police and crime commissioner, or Jo Farrell, the chief constable, who work exceptionally well together and are very responsive. However, it is a bit like having the best plumber in Pimlico—if they have not got the tools, they cannot do the work. With the section 59 notices, even if a police officer apprehends someone illegally driving an off-road motorbike or quad bike, the officer cannot simply stop them without first issuing a warning; then, the second time, they are in a position to stop them. If they refuse, the officer’s powers are very limited. Although I am grateful to the Minister for her recognition, I am suggesting that the tools as currently presented to the chief constables, police and crime commissioners and police on the frontline are not sufficient to tackle the problem.

[Rachel Maclean]

I thank the hon. Gentleman for his point, but I can assure him that I have met Joy Allen myself, not on this issue, but on other issues. I am always happy to meet police and crime commissioners, and I meet a number of them regularly. I would be happy to take specific representations from Joy Allen or from the hon. Gentleman’s chief constable on these specific matters. However, as he knows, we keep all our legislation under continuous review. If he will allow me, I will discuss that broader point a bit further.

The police, local authorities and other local agencies have a range of flexible tools and powers under the Anti-social Behaviour, Crime and Policing Act 2014. It is an issue with a particularly local dimension and the Act was designed to take account of that. It is for local areas to decide how best to deploy those powers, depending on the specific circumstances. They are best placed to understand what is driving the behaviour in question and the impact it is having, and to determine the most appropriate response. Importantly, the 2014 Act contains measures designed to give victims and communities a say in the way complaints about antisocial behaviour are dealt with. The community trigger gives victims of persistent antisocial behaviour the ability to demand a formal case review. I am happy to provide more details about that if the hon. Gentleman wishes, but his local policing partners are fully aware of it.

As the hon. Gentleman mentioned, the statutory guidance for police operational frontline officers is regularly updated, and it has been reviewed again. We have not heard the calls he referred to for widespread changes to the law, but of course we keep these matters under review. We recognise the critical role of local policing and wider partnerships within community groups. That is why, as part of the police and crime commissioners review, we are seeking to improve the effectiveness of the community safety framework, which includes the community safety partnerships.

We are continually looking at whether the tools, powers and frameworks are fit for purpose. As the hon. Gentleman knows, we will not hesitate to act. We have introduced significant legislation to allow policing to tackle the most serious threats to our communities, including the Police, Crime, Sentencing and Courts Act 2022. We will do a similar thing through the Public Order Bill, the Economic Crime (Transparency and Enforcement) Act 2022 and a number of other measures, including the Domestic Abuse Act 2021—the hon. Member for Croydon Central referred to violence against women and girls. I want to draw the House’s attention to the Government’s record of legislating when there is a need to keep people, our streets and our communities safe.

In addition to the antisocial behaviour powers, the police have the power under section 59 of the Police Reform Act 2002, which the hon. Member for Easington referred to, to seize vehicles, including off-road bikes, being used in an antisocial manner. That can be the result of using a vehicle in a careless or inconsiderate manner, or causing alarm, distress or annoyance to members of the public. The enforcement of road traffic law and the deployment of resources is the responsibility of individual chief officers, taking into account local problems and demands.

--- Later in debate ---

[Grahame Morris]

I thank the Minister for her response and her constructive engagement. I am sure we will take up her kind offer to engage and identify some of these issues. I thank my hon. Friend the Member for Croydon Central (Sarah Jones) for her insight and the work she is undertaking, including the visit to my constituency. I also thank my good and hon. Friend the Member for Bradford South (Judith Cummins), who is a fount of knowledge on this issue—not least because she has tabled a ten-minute rule Bill on it—and has proposed some eminently sensible, practical solutions for addressing what is a terrible problem.

Wonderful though the safer streets fund is—we would like to see a lot more of that funding in my constituency—cameras alone are not sufficient to stop these problems, particularly the issue of illegal, criminally ridden off-road bikes and quad bikes, and especially when the individuals concerned are wearing a disguise or a balaclava rather than hard hats, so that we cannot identify them. People do not realise that this problem requires huge police resource—specialist teams, themselves riding bikes, and support teams in 4x4s—to apprehend these individuals, because of the extensive nature of the bridleways and footpaths they use.

I do not want anyone to misunderstand the fact that many people in my communities feel isolated and terrorised. The Minister has said that she does not consider antisocial behaviour a low-level crime, but it is definitely a high-impact crime, and there is a feeling in many communities that we are losing the battle and people are not safe in their own homes. This is not an entirely operational matter; it is a policy matter as well, and I hope that Ministers and the Home Office will engage in addressing the issues we have identified today.

Question put and agreed to.

Resolved,

That this House has considered the matter of anti-social behaviour and off-road bikes.

HM Passport Office Backlogs

Grahame Morris Excerpts

Wednesday 27th April 2022 Commons Chamber

[Kevin Foster]

As I said, we have an additional 500 staff and we are in the process of recruiting another 700. We let people know that the service standard was being pushed out to 10 weeks last April, so we did not hide from the fact that there would be a surge. We are planning to issue an additional 2.5 million passports this year compared with what we normally do as business as usual. A large amount of work has been done and more is being done. Between January and March, we still saw 90% of applications being determined within six weeks.

[Grahame Morris (Easington) (Lab)]

I thank the staff at the Durham passport office and all the other passport offices for the excellent work they do. I mean no criticism of them; my criticism is of process, of senior managers, and, I am afraid, of the Minister. It is a bit rich the Minister asking those on the Opposition Benches for solutions. I wonder why we are paying him if he cannot come up with them himself. Further to my question at Home Office questions on Monday this week, can he confirm that he has made a decision, and is going to write to me, about the issue of the MP hotline? Again, can we have a direct line to a decision maker in a passport office who has access to all the relevant information and who can actually make decisions, rather than MPs and their staff having to sit for hours waiting on phone lines only to be passed from person to person, speaking to people who are unable to make decisions, answer questions or authorise the printing of passports?

[Kevin Foster]

While I do not agree with all the hon. Gentleman’s comments, he makes a fair point about the MP hotline, which certainly does need to be better. I am not going to hide from the fact that the performance of the phone lines has been unacceptable, and we need to improve and change that. I thank him for his recognition of the work that the team at the Durham passport office are doing, which has helped to contribute to the record output we saw last month.