(1 year ago)
Commons ChamberI am extremely grateful—
(4 years, 10 months ago)
Commons ChamberWe do, in fact, have an independent reviewer of terrorism legislation. In that context, I was privileged to work with Lord Carlile—a former Liberal Democrat Member of this House, by the way. So that role exists, but I do not want to underestimate the significance or value of the Committees of this House in doing their job. The ISC in particular is a well-respected Committee of the House, which has a very strong track record of looking at these matters empirically and advising accordingly. My argument is not that we should not have that kind of scrutiny; ideally, it would have been a precursor to this legislation, but we should indeed consider allowing it through the mechanisms that I have described. I invite the Minister to embrace the spirit in which I have advanced my argument.
The third and final amendment that we have heard ably articulated during our considerations this afternoon is the one in the name of my right hon. Friend the Member for New Forest West (Sir Desmond Swayne). Again, I am extremely sympathetic to the purpose of the amendment. Indeed, I might even go further, and say that “nine-tenths” is too modest. However, while my right hon. Friend’s amendment is welcome and adds pressure, if I might put it that way—he said “prodding” rather than “probing”, and I have added a third “p”, “pressure”, because I know that alliteration is dear to his heart—given that the Government have made crystal clear that in forthcoming legislation they will look at three matters, minimum sentences, maximum sentences and mandatory sentences, much of what he desires should form part of that further Government policy and practice. I hope that we can increase minimum sentences, that we can increase maximum sentences, and that we can tie to that—as the Government have said they will, as I note from comments made in the statement by the Secretary of State following the recent terrorist outrage—
I will just finish my sentence, and then I will give way happily to my right hon. and distinguished Friend.
The Government have said, and the Secretary of State was clear about it in the statement a few days ago, that tied to those three provisions will be the end of early release for certain kinds of prisoner. I now happily give way to my right hon. Friend before I move to my exciting peroration.
I am grateful to my right hon. Friend. Does he not think that whatever scheme is ultimately settled upon, there needs to remain some incentive for someone who is in prison to behave him or herself?
I note that my right hon. Friend was preoccupied with urgent meetings when I spoke earlier, but if he reads the Hansard report of my earlier contribution, he will see that I am on exactly the same page as him, not for the first time. He is absolutely right that parole has historically always been considered on the basis of an assessment of both risk and worthiness. “Good behaviour” is the term that was once routinely used in respect of parole. When people have proved, through how they behave in prison, that they no longer pose a risk to the public and that they deserve to be released early, they should be. The problem with the current arrangement is the automatic nature of early release, and I resist that per se, not just in respect of terrorist prisoners but more widely. The public would be outraged if they knew just how many people have been released early, including terrorists. Enough is enough; now the time to put an end to that. This is the beginning of it, and I happily support this legislation.
(6 years, 8 months ago)
Commons ChamberThe shadow Secretary of State was untypically churlish, and I can only attribute that to the fact that since I left the Front Bench he has become more bombastic—I think he is missing me. He is well aware— indeed, in his final remarks he acknowledged this—that this is a Bill that any decent Government would introduce. As he said, it was the subject of considerable discussion when that earlier piece of proposed legislation was introduced and there has been a broad measure of support across the House about the need for such a measure.
The use of lasers for malevolent purposes has grown, as the hon. Member for Middlesbrough (Andy McDonald) described. These devices were virtually unknown until the early 2000s; in 2003, fewer than half a dozen cases were reported. As he said, however, by last year over 1,000 cases were reported in various ways and forms. The need for legislation is proven simply on the basis that we know that these things can be used by those with malevolent intent to do damage and that they may well get access to a device that can be bought for as little as £1 on the internet and then go about their vile business.
The bringing down of a plane is obviously one of the principal fears, but, as the Bill now recognises, there are others, too—other transport modes are vulnerable. Someone with one of these laser pens could direct it into the face of a driver of a heavy goods vehicle or at a train driver from a bridge, so it is right that the Bill addresses all the risks associated with the misuse of these devices.
As has been said, the Bill encourages the identification of such malevolence, introduces tougher penalties and makes it easier for prosecutions to take place. There is an argument for extending the powers of the police still further by extending stop-and-search to, for example, people loitering on the edge of an airport or at a railway station with the clear intention of doing harm. Perhaps the Minister will deal with that when she sums up the debate.
Burke said:
“Early and provident fear is the mother of safety.”
It is right that we should be cautious and fearful, but it is also right that we should be prepared, ready to deal with any threat to public safety. These pens can present such a threat; we know that from what all the authorities report to us. The Bill is pertinent, prescient and it deserves the support of the whole House. I was proud to be—
I am grateful to my right hon. Friend for giving way and join him in praising the Government for introducing this measure, but will he include himself in the congratulations, as he was an excellent Transport Minister and had a large part to play in this matter coming before us before, but unfortunately, because of the election, the Bill did not proceed into law?
My right hon. Friend is very generous and, of course, absolutely right in all that he just said, and I was just waiting for him to say it; I acknowledge that praise and thank him sincerely for what he said. Yes, I was involved in the outset of this. The shadow Secretary of State and I rubbed along very well together when I was on the Front Bench—and we did some good work together, too—but I think it is a bit rich to say that we would not have thought of this if it was not for the Opposition. We had been discussing and planning this, considering it and plotting the right way forward, for a considerable time, and I have absolute faith in the Secretary of State and my successor as Minister to take this matter forward with the same kind of diligence and concentrated effort that my right hon. Friend the Member for East Yorkshire (Sir Greg Knight) very generously attributed to me.
(7 years, 1 month ago)
Public Bill CommitteesDoes the Minister agree that, without international agreement about how it is stored, the data will be in as many forms as there are car manufacturers? That would mean that only the manufacturers themselves were able to decipher it. There is a strong argument for seeking international agreement on this matter.
My right hon. Friend is right; he makes a sound point. That is precisely why I said in response to the shadow Minister that we need cross-border international agreement.
By the way, the hon. Member for Reading East is right, too, about the need to ensure that industry—not just the automotive industry, but the IT industry—is engaged. As he knows, my background is in the IT industry, and it is important that we take advantage of all available expertise in judging why, but also how, we manage data. The “why” is about the balance I described earlier, and the “how” is about the mechanisms for achieving that balance.
I end with this statement, which I hope is sufficiently reassuring. I assure hon. Members that the UK Government and others around the world are investing heavily in automated and connected technologies that will assist in providing evidence of what minimum event data recording and sharing requirements might be needed and wanted. We will work on an international basis to decide what can be done, what should be done and how it will be done. Given that assurance, I hope that the shadow Minister withdraws the new clause.
(7 years, 1 month ago)
Public Bill CommitteesClause 5 gives insurers the right of recovery against the person actually responsible for the incident to the same extent that the person is liable to the victim. The person actually responsible for the incident could be, for example, the manufacturer. This clause also defines when and how the amount of the person’s liability is settled and when their right of action accrues. It sets out the arrangements and limits on the amounts they recover. This clause will therefore ensure that the insurers are able to recover from those responsible, to the extent that the victim will be able to do so. This will facilitate the effective functioning of clause 2, which imposes initial liability on the insurer or owner of the automated vehicle in respect of an accident.
Subsection (3) requires the insurer, if they recover more than they initially paid out to the victim, to pay the difference to the victim, and subsection (4) ensures the person responsible for the incident is not required to pay the insurer if they have already paid the injured party.
I am most obliged to my right hon. Friend. I am intrigued by subsection (2)(c), which refers to the amount of a claim as settled when it is established “by an enforceable agreement.” In this context, can he give the Committee an example of an unenforceable agreement?
(7 years, 1 month ago)
Public Bill CommitteesI can answer my hon. Friend very simply: absolutely. He is absolutely right on that point.
When my right hon. Friend the Member for West Dorset spoke of the past, he may have been doing so mildly pejoratively. I take the view that we are the past: all we are is what we remember; now is an illusion, as it becomes then in an instant, and the future—as we have said repeatedly in our considerations on this Bill—is an uncertainty. So when my right hon. Friend the Member for East Yorkshire speaks of those vehicles, vintage and classic, that he holds so dear, I can say with certainty that the future of Jaguar XK120s, 140s and 150s, Bentley Continentals, Humber Snipes, Singer Gazelles, Ford Anglias, Morris Minor Travellers, and Jensen Interceptors, among many others, is secure in my hands.
The substantial point that my right hon. Friend makes is about clarity when it comes to price. He is right that petrol stations show the price of the goods they sell—petrol, diesel, et cetera—and it is right that we should be clear about that. I believe we can ensure that that happens in the way that he sets out, as it seems to me perfectly fair and reasonable.
(7 years, 1 month ago)
Public Bill CommitteesClause 5 gives insurers the right of recovery against the person actually responsible for the incident to the same extent that the person is liable to the victim. The person actually responsible for the incident could be, for example, the manufacturer. This clause also defines when and how the amount of the person’s liability is settled and when their right of action accrues. It sets out the arrangements and limits on the amounts they recover. This clause will therefore ensure that the insurers are able to recover from those responsible, to the extent that the victim will be able to do so. This will facilitate the effective functioning of clause 2, which imposes initial liability on the insurer or owner of the automated vehicle in respect of an accident.
Subsection (3) requires the insurer, if they recover more than they initially paid out to the victim, to pay the difference to the victim, and subsection (4) ensures the person responsible for the incident is not required to pay the insurer if they have already paid the injured party.
I am most obliged to my right hon. Friend. I am intrigued by subsection (2)(c), which refers to the amount of a claim as settled when it is established “by an enforceable agreement.” In this context, can he give the Committee an example of an unenforceable agreement?
(7 years, 2 months ago)
Commons ChamberI beg to move, That the Bill be now read a Second time.
As you might imagine, Mr Speaker, I had for a moment thought that these crowds were for me. Now that I know that is not the case, I will be measured in what I say and hope that the crowd will re-emerge as a result of the strength of the argument that I will make on behalf of this Government and this important Bill.
In living memory, working-class lives have changed dramatically. The health and wellbeing now enjoyed routinely by working people is of a kind beyond the expectations—indeed, perhaps beyond the dreams—of my grandparents, who lived, alongside most of the people around them, with the daily grind of need. The chance to travel easily has been an important part of the altered lives of millions. My father bought his first car when I was a baby and he was 42 years of age. It transformed my family’s experiences. Suddenly new places could be explored, new opportunities realised and new adventures imagined. Until then, a bicycle was his way of getting to and from work, train travel a rarity and aircraft—except in wartime—entirely unknown. My family, like so many others, owed so much to motor cars. They brought challenge, chances and change to millions. Yet cars themselves have changed little.
Cars—the foundation of our transport system for the last hundred years—still have a lot in common with the first Model T that rolled off the production line in 1908: the same mass production methods; the same front-mounted internal combustion engine; and the same adaptable chassis to support a wide range of body styles. Now we are going to see significant changes. Over the next decades, cars will change more than they have for lifetimes. In those changes, it is vital that we consider the scale of the opportunities that now present themselves, how those opportunities may be shaped and, indeed, how they will need to be constrained.
There will be change to the way in which we power and fuel our cars, and even to the way in which we pay for motoring. This is happening not just in the United Kingdom, but around the world. But, just as Henry Ford proved a century ago, there are huge chances for innovators who are able to realise the revolutionary potential of new automotive technologies. Exports of low emission vehicles are already worth £2.5 billion to our economy, and it is estimated that the market for autonomous vehicles could be worth £28 billion by 2035. Ford himself said:
“Before everything else, getting ready is the secret of success.”
That is what this Bill is about. As I shall explain in this sermocination, the chances are profound. The Bill is salient.
These matters are not, by the way, partisan—they are not party political; they are things that, frankly, any responsible Government would look at and take action upon. Indeed, I expect the whole House to take a considered and measured interest in these affairs.
I am going to speak a little about the Whig view of history, Madam Deputy Speaker, as you might have expected. The Whig view of history, with its addiction to progress, is a deceit. The Marxist notion of a predetermined course of history is a fallacy. Not all change is beneficial; indeed, it can be the opposite. But change can be virtuous when it is shaped, harmonised and, yes, as I said, sometimes constrained. Enterprise and the market provide immense opportunity through the innovative, imaginative creativity they breed. But Government must be a force for good. Government must be prepared to step forward to make sure the market acts for the common good.
I refer to my declaration in the Register of Members’ Financial Interests. Some academics are saying that when automated vehicles become commonplace, the Government will seek to ban people from driving cars themselves or will, at the very least, introduce a policy that severely restricts motorists. Will my right hon. Friend confirm that that is not Government policy today and that he has no intention of making it Government policy in the future?
It is certainly not Government policy. It would be intolerable to imagine a future where people were banned from using, for example, classic cars. I know that my right hon. Friend is very experienced and, indeed, knowledgeable—one might even go as far as to say expert—in such matters, and he will know that the vintage and classic cars owned by many people, including him in considerable number—
Well, I was not going to add that, but, yes—in rather less number. Those cars add a vivid aspect to motoring—an elegance and style we would not wish to see lost in any move towards this change in technology. But, for most people, their daily experience will not be to drive an Allard, a Jensen or any other of the cars my right hon. Friend and I revere; it will be to drive a car to get to the places in which they work, to access educational opportunities and to get to the places where they buy the goods they need to service their wellbeing; it will be to use a car for recreational purposes, in the way my father did for his family all that time in the past, as I described a moment ago.
The change that we are now experiencing, and that we will experience to a greater degree in the coming years, is not a threat and not something to doubt or fear, but an opportunity. It is an opportunity for Britain from the perspective of the technology we will develop and export. It is an opportunity to give access to cars to those who have never had them—the profoundly disabled, the elderly, the infirm, and the partially sighted and the blind. They have not been able to drive, and they have relied on others to drive them, but they will suddenly have the opportunity of car ownership, which has been denied them for so long by the nature of their disability or their need. That is the sort of future I envisage.
I did not want to rush ahead and not give my hon. Friend the chance, on the Floor of the House, to make that point. Now that he has had that opportunity, I think we can proceed with alacrity. It does seem to me to be important that we lead by example. It behoves the House to put in place the necessary infrastructure in the way he describes. He has, not for the first time, done the House a great service in raising the matter in the way that he has.
I am grateful to the Minister for giving way before he reaches the end of his preliminary remarks. [Laughter.] Has he had any further thoughts on the data log of automated vehicles, how long such information should be kept and who should have access to it? We all expect insurance companies and the police—even if there is no accident, the vehicle might be involved in a crime—to have the right to access the data log, but will others be able to seek access to it, such as an employer trying to see what an employee has been up to during the day, or an ambitious divorce lawyer seeking to prove adultery has taken place and trying to find out where the occupant of the automated vehicle had been during an afternoon?
(7 years, 9 months ago)
Public Bill CommitteesI will deal with those points, for the sake of interest and glamour, in reverse order. I dealt with the second matter that my hon. Friend raised—perhaps rather too briefly for his taste, but none the less definitively—in my final remarks a moment ago when I said that all such matters are beyond my ken. Of course, others—no doubt including him, with his usual assiduity—will make precisely that argument to the Chancellor as he goes about his considerations.
On the first point, however, we can perhaps do more. Warrantees in these terms are important, and I have given that some consideration. People want to know that if retrofits take place, it will not detrimentally affect their vehicle or have a deleterious effect of any kind, and that the retrofit itself will be something of which they can be sure. I take the point. I will take it away and certainly want to say more about that during the passage of the Bill, perhaps between now and Report. As ever, my hon. Friend makes a helpful contribution to our considerations. I was about to conclude, but I can see my right hon. Friend the Member for East Yorkshire eyeing me, with the possibility that he is about to add further expertise to our considerations.
I am grateful to the Minister for noticing that I was giving him a rather quizzical look. He said he would say more about that matter between now and Report. Does he mean in today’s proceedings or is he envisaging some other get-together before Report?
My right hon. Friend’s urgency has coloured all he has done in his long and distinguished career in this House. If I can meet that objective, I will. I think that would be fair enough.
I ought to have said at the very outset that I committed to write all hon. Members a note following our last meeting. I have done so, in an email. I have further hard copies that could not be distributed last night, for obvious reasons. If any Committee member seeks a hard copy for their convenience, I have them available here and will happily distribute them.
With those remarks, I wish to conclude this part of our consideration. We are taking action already to increase the uptake of ultra low emission vehicles, which is an important part of our wider plans. As with new clause 3, we consider it both disproportionate and unnecessary to insert a further requirement for a strategy in primary legislation, because we are going to do what the new clause seeks in any case. I feel that the Opposition will reasonably conclude that they have encouraged, endorsed and perhaps even stimulated a new determination on the part of Government to do exactly what has been set out in this discussion.
(7 years, 9 months ago)
Public Bill CommitteesMr Gray, I know that you are more interested in horses than in brake horses. I always find the Minister intriguing, but I find what he is proposing in this clause particularly intriguing. In subsection (3), he is asking the Committee to agree that regulations may exempt a person or public charging point specified in the Bill. Can he give the Committee an example of the circumstances in which he envisages an exemption being applied?
I am always delighted to hear from my right hon. Friend on such matters. It might be helpful for me to set out the purpose of clause 14 and, in doing so, address the specific point that he made.
The purpose of the clause is, first, to provide the power to make exceptions to the obligation set out in the regulations and, secondly, to provide a safeguard against situations in which the requirements set out in the regulations flowing from the powers in the Bill have unintended consequences. These include where the regulations risk placing unreasonable requirements on businesses in order to comply, or where technological innovation advances in ways that could not have been anticipated at the time of drafting the regulations. Those are some of the reasons why the clause was drafted in this form.
The effect is to give the Secretary of State the ability to decide that the obligations contained in the regulations made under the Bill do not apply in particular or given circumstances. To ensure transparency, the Secretary of State will be required to publish any determination made using the powers. Being a veteran in all such legislative matters, my right hon. Friend will understand that the purpose of that is to ensure that the clause is used consistently and in a way that is open to scrutiny.
My right hon. Friend asked me about the types of situation in which the power might be used. They include where it would be unreasonable for a person to comply due to their particular circumstances—a good example would be a remote service station with very limited access to grid infrastructure—and where the aims of the regulation may be achieved by means that do not necessarily meet the exact requirements of the regulation—for example, where smart functionality is delivered through an innovation that could not have been anticipated at the point when the regulations were drafted.
Those are two areas where exceptions might be applied of the kind that I have described. Although, I am confident that I have satisfied my right hon. Friend with that assurance; maybe I have not, but that is for him to judge. At least, I hope that he will now understand the purpose of the clause as drafted.
Question put and agreed to.
Clause 14 accordingly ordered to stand part of the Bill.
Clause 15
Regulations
(7 years, 9 months ago)
Public Bill CommitteesThe essence of the argument of my hon. Friend the Member for Wycombe, which reflects the exchanges that we enjoyed in the evidence sessions, in which a number of Members played their part, is to query whether the Bill is insufficient in respect of fuel types such as hydrogen. At this juncture, I perhaps ought to make it absolutely clear that the Bill is technology neutral. We recognise that a number of technologies are emerging. Given the scale and nature of the change we are enjoying, it is not yet clear which will become pre-eminent, but it is certainly true that there is investment in hydrogen. That was pointed out by a number of my hon. Friends during the evidence sessions. In particular, my hon. Friend the Member for North West Hampshire has taken a keen interest in such matters for a considerable time.
Raising the issue of extending the definition of a hydrogen refuelling station is important. The proposed redefinition away from
“a device intended for refuelling a vehicle that is capable of being propelled by electrical power derived from hydrogen”
to one that includes hydrogen-fuelled internal combustion engines, however, is more challenging. I will explain why. I recognise that there are all kinds of ways of propelling vehicles. As I have said, a number of those would have a beneficial effect on emissions, in essence producing zero tailpipe emissions, just as electric cars do. I also note what my hon. Friend the Member for Wycombe said about the adaptations that could be made to an internal combustion engine. I did wonder what my right hon. Friend the Member for East Yorkshire would think of that, but he made no move or sign. There was no change of expression on his face, but I could not help wondering—
Is my right hon. Friend aware that converting a petrol engine to run on hydrogen is not that easy if the engine involved has a carburettor and is not fuel injection? That is the case for most historic vehicles.
(7 years, 9 months ago)
Public Bill CommitteesI am certainly happy to give that assurance. We will make available to the Committee the standards that are already established. As the hon. Gentleman says, it is important that they are published. I will give a further commitment. As international and domestic standards evolve over time, at the point at which it is appropriate to do so, we will publish those, too. I want a consistent approach. If that is what he seeks, it is reasonable to do so. In the same spirit, we will consult and certainly publish as much information as possible for the Committee and beyond it.
To develop the argument—I do not want to go on exhaustively, but it is important to set out the core principles at the beginning of our consideration of the Bill—the hon. Gentleman will understand that the standards I describe form the basis of the type approval process that conventional vehicles currently follow, and that of course automated vehicles will follow, too. The same consequent process will happen. Based on those standards, and likely the vehicle’s registration document, we expect it to be very clear which vehicles can safely operate in automated mode. As I have said, that is important to reassure the public and others.
Will the Minister clarify for the Committee what powers he thinks clause 1 gives him? For example, if a vehicle was designed to be driven automatically and is marketed, but then a few months after it has been on sale it is discovered that under certain weather or driving conditions it has a catastrophic failure, would he be able to delist it?
That is a very good question, which, before I reach the absolute apex of my exciting conclusion, I will answer, with the help of inspiration that is winging its way to me. The standards established for existing vehicles will continue to be used as a matter of principle. The Secretary of State will transpose the approved vehicles into the list to ensure that our domestic insurance framework is clear about which vehicles need which kind of insurance product, bearing in mind what I said about different products developing to suit different kinds of vehicles.
The essence of my reason for not accepting the amendment with the alacrity that the hon. Member for Middlesbrough no doubt hoped for is my assertion that it is probably an unnecessary step, given the assurances I have offered about our willingness to discuss the matters further as the technology develops, and given the absolute assurance that the Secretary of State will not act in a discretionary or capricious way. It is important to understand that the definition defines the list, not the Secretary of State. The Secretary of State publishes the list and has a function to do so, which he will be obliged to carry out as a result of the Bill, should it become an Act. However, he is not in the business of picking which manufacturers he chooses to list and which he does not; the definition does that job for him. For those reasons, further amendment of this part of the Bill would be superfluous.
I am looking for further clarification—
(9 years, 10 months ago)
Commons ChamberI am grateful to the right hon. Gentleman. As he knows, I am a frequent visitor to his constituency for recreational purposes. I tend to holiday on the north-east coast in Bamburgh and other places. I know the road north of Newcastle extremely well, and I am aware of the difficulties in terms of safety and congestion, although we have addressed the issues around Newcastle itself. As he will also know, I have visited the area as a Minister to see first hand some of the challenges and what can be done to overcome them.
Will the route strategies include strategies on speed limits? If so, does my right hon. Friend intend to make greater use of variable speed limits, which have been quite successful?
Variable speed limits are part of the smart motorway schemes that we are doing immense work on. Indeed, I was speaking about them at lunchtime today. They reflect a greater understanding of and ability to alter the way in which people interface with roads through the provision of dynamic information, and allow us to make much better use of infrastructure once the investment has been made. The way in which people drive, what they drive and the way in which they interface with the information that is provided for them on the road will change considerably over our lifetimes and beyond. It is important that we do not allow any rigidity in public policy to inhibit the developments that will spring from such technological changes.
My right hon. Friend is right that variable speed limits are an important part of that future. He has been a great champion of them. Indeed, what greater champion of roads and motoring has there been than my right hon. Friend, who has shared many long evenings discussing just these kind of matters with me? I look forward to many more.
Through the route strategies, Highways England, the body that we are creating, will work closely with local authorities, LEPs and other bodies, including rail bodies, to develop the building blocks of future plans. It will ensure that local roads, local transport, our cities and other modes of transport are considered throughout the strategy development process. That is the point. It is a point that the hon. Member for Birmingham, Northfield (Richard Burden) made in Committee. It was taken on board by the Government. People call me the people’s Minister, but I would rather be called the listening Minister, because I listen and respond to good argument, and I try to develop politics and policy accordingly.
(10 years ago)
Commons ChamberThe Government have an ambitious strategy for tackling congestion and improving the performance of our roads. As I have said, the road investment strategy sets out plans to invest £15 billion to enhance strategic roads between 2015 and 2021. The investment plan includes 15 schemes in Yorkshire and the north-east. In addition, as my right hon. Friend will know, East Riding has secured £4.4 million from the local growth fund for the Bridlington integrated transport plan phase 2.
Will my right hon. Friend take a further step towards securing his reputation as a radical politician by dealing with avoidable congestion? Is he aware that thousands of motorists travelling at non-rush hour times often find themselves stuck in a traffic jam at traffic lights for no reason whatsoever? Why cannot some of these traffic lights be turned off, as is done in other countries?
Among my right hon. Friend’s many distinctions is his chairmanship of the all-party historic vehicles group, of which I am merely a humble member. He will recognise that the kind of innovation—the kind of radicalism—that he suggests is always close to the heart of this Government and this Ministry. We do not have plans to do what he says, but I will certainly consider it. There are 15 schemes in Yorkshire and the north-east. Was it Pound who said that a genius can recognise 10 things but an ordinary man can recognise only one? I can recognise 15.
(13 years, 1 month ago)
Commons ChamberThe hon. Gentleman is a great champion of apprenticeships, having been an apprentice himself. He understands the value of apprenticeships in providing people with the skills not only to get a job, but to lead more fulfilled lives. I hear what he says about his particular constituency interest and he will expect me to respond in a similar spirit by saying that I am more than happy to meet him to discuss that matter in some detail. However, I am sure he understands that you will not allow me to go into great detail about that tonight, Madam Deputy Speaker.
I applaud what my hon. Friend has said so far. Does he appreciate that there is an ongoing demand for apprenticeships, particularly in the historic vehicle restoration movement, where expertise is needed? Any burning of red tape in that industry that would lead people to take on more apprenticeships would be most welcome.
As ever, my right hon. Friend makes a valued, wise and richly-coloured contribution to our affairs. His expertise in that field is unparalleled in this House and, of course, I take his recommendation seriously; indeed, he has raised the issue with me already. As he knows, I can tell the House that I am taking up the matter with an assiduity that is a mere token compared with his diligence, which has brought him such prowess in this place and elsewhere.
My hon. Friend is right. We ought to declare that we share an interest in that topic and that we might have some personal interest in ensuring that there are sufficient craft skills to maintain our historic vehicles—although his demands in those terms are considerably more numerous than mine.
The sector has welcomed the proposals to offer colleges more freedom. Colleges have long called for such an approach. In the long years that I spent in the shadows before the electorate elevated me to the light, I remember hearing from colleges across the country that they hoped, wished and longed for a Government who would recognise that power is best vested in the hands of those closest to where it is exercised. Colleges should be able to respond to their learners and employers in the way the Bill facilitates. It is therefore unsurprising that, in the public evidence sessions of the Bill, the Association of Colleges said in written evidence that the legislative requirements removed by the Bill,
“will strengthen rather than diminish the historic community role of Colleges and strengthen the importance of strong governance”.
I wholeheartedly agree.
Lords amendments 47 to 71, changes which I recognise were made late in the Bill’s passage through the other place, have been made in the context of a changed further education landscape. In October 2010, the Office for National Statistics announced its decision to reclassify FE colleges to the public sector for the purposes of the national accounts. That decision exposes colleges to the full rigours of the Government expenditure regime and means that they will lose the flexibility to phase expenditure between different financial years and that they will need to work within a financial year that does not line up with their academic year. Such a decision also makes it likely that the very freedoms that were introduced to enable them to borrow without seeking permission will need to be taken away from them, and that even tighter constraints will need to be introduced.
I would like to thank Baroness Sharp for raising those issues in the context of the sterling work she is doing as chair of the inquiry into colleges in their communities. In debating these important amendments, it is vital for me to emphasise the significance of the ONS decision. We were already well on the way to freeing the sector from some of the diktats, bureaucracy and unnecessary regulation that had so hampered and inhibited people from exercising their long-cherished desire to respond proactively to the interests of learners in the way I have described. Nevertheless, the ONS’s reclassification has turned our desire into an imperative and we are working closely to try to persuade it to rethink that classification, because it will have profound effects on the FE sector. The late changes made in the other place, which we are debating for the first time in this House today, were made because of that ONS classification. Those and other controls would all act as significant barriers to college growth and would stifle innovation and creativity in our further education sector. As I said, it is our intention to make the necessary legislative and administrative changes to encourage the ONS to reclassify colleges back to the private sector which, as my noble friend Lord Hill said in the other place, is where successive Governments have wished them to be.
I want to mention the ability that Lords amendments 49, 58 and 69 will give colleges to modify or replace their instruments and articles of governance. In the world I have described—the picture I have painted—the additional freedoms that colleges will enjoy necessitate a new approach to governance. We need colleges to rise to the occasion. I am confident that they will, but it is partly a case of rethinking how colleges are governed. Colleges will continue to be required to comply with a statutory governance framework, but that has been significantly simplified to allow colleges the freedom to decide how best to shape their governance arrangements to meet the needs of their learners, employers and the local community.
May I say a word about the work that the Association of Colleges is doing in that regard? The association is working on a set of model instruments and articles that are framed in the new environment of greater discretion and freedom. There is immense human capital in colleges but, too often, it has been locked up because of the approach taken by previous Governments. There was a view that it was best to dictate, predict and provide from the centre. That is not this Government’s view. For example, as a result of the amendments, colleges will no longer have to seek the Government’s permission to add more members to their governing body or to determine whether a job vacancy should be advertised nationally.
Those are important aspects of a college’s governance, but they are not things in which the state should be involved. The use of that power will not be compulsory. If colleges are content that their existing arrangements support them to meet the needs of local learners and employers, they will not have to change them. The benefit of the changes is that the decision over when and how colleges exercise those powers sits firmly with them. I mentioned that such measures have been welcomed by colleges themselves. They were, for the most part, also warmly welcomed in the other place.
My hon. Friend is the very antithesis of both ugliness and ubiquity; indeed, he is known for his integrity and truthfulness. As Keats understood, and Shaftesbury in the other place later, truth and beauty are intrinsically linked, and so my hon. Friend’s truthfulness has an aesthetic all of its own. On the specific point that he raises, the way in which colleges have, over time, been dictated to and controlled from the centre has largely been about funding mechanisms. Colleges have danced to a tune set around funding. He is absolutely right to say that greater freedom means being more flexible about funding. It means allowing colleges to devise the kind of offer that is right for their locality in the kinds of partnerships that my hon. Friend the Member for Brigg and Goole (Andrew Percy) described, and funding needs to reflect that.
We are on a journey, and not all of it can be done overnight. When I came into the job, I was able to put in place a number of important changes that stripped away some of the central control. Since that time, we have done more, and these amendments go a step further. But this is not the end of the journey. The destination we seek is what I began to describe a moment ago—a more eclectic, more responsive and more dynamic system. I am not, as you know, Madam Deputy Speaker, one to overstate my virtues, but I would go so far as to say that what we are doing in further education is a model of public service reform: a deregulated system that is free to respond to local circumstances; dynamic and innovative; flexible and, in my judgment, imaginative—I make no apology for using that word—about exactly what it does and how it does it; and uses funding to feed that kind of new beginning. As I said, though, I do not want to overstate the case.
Every day a new invitation for me to visit a different part of the country arrives, each one more seductive than the last, but none more attractive than the overtures of my hon. Friend the Chairman of the Select Committee. Tonight I will do what I rarely do in the House: I commit, from the Dispatch Box, to visit his college, because he has made this case so frequently and persuasively that I feel that I have been less than generous in my response thus far. I will certainly come to look at the specific circumstances that he described in his—as usual—pithy and well-informed intervention.
I have made it clear that I am not going to give way at this juncture, because I fear that my right hon. Friend is trying to encourage me to stray, but I will give way to him in a few moments when I have made a little more progress.
There was a debate in the other place on the importance of staff and student governors in colleges. Ensuring strong staff and student representation on a governing body is of importance to me. During the passage of the Bill, I have had positive discussions with the National Union of Students and the University and College Union on this subject, as has my noble Friend Lord Hill. We were anxious to ensure that staff and student involvement helped not only to inform good practice in colleges but to shape the offer in those colleges. As a result of those discussions, we continue to require colleges to have such governors on their boards. The House will want to be reminded that this requirement was warmly supported by Baroness Jones of Whitchurch, who was
“pleased…that this commitment”
was
“honoured in both spirit and practice in the amendment”
that was brought before the Lords and that we are discussing this evening. In fact, Baroness Jones went further and acknowledged that our amendment
“is indeed better than that tabled by those on our own Benches on this issue”.—[Official Report, House of Lords, 9 November 2011; Vol. 732, c. 332.]
How often does one receive a tribute as generous, but as deserved, as that?
I now happily give way to my right hon. Friend the Member for East Yorkshire (Mr Knight).
I am most grateful to the Minister, who is being very generous in giving way. He spoke earlier about taking us on a journey, and even earlier he quoted Rab Butler. May I remind him of what Rab Butler said about journeys—that it is best to get off the train before it hits the buffers? With the light-touch approach that the Minister is suggesting, is there not a danger that some colleges may move assets overseas, to the detriment of the British taxpayer?
It is true, of course, that as we free up the system, some of the controls that have previously been in place—some of the levers that the Government could pull—will no longer be there. Frankly, however, I have to say to my right hon. Friend, to whose assiduity, eloquence and wisdom I have previously paid tribute, that if the price of freedom is that loss of control, it is a price worth paying for the benefit it brings in the kind of innovation, exercise of imagination, responsiveness and dynamism to which I drew the House’s attention earlier. That was certainly the view of the other place and, in general terms, the view of the Committee as we went through the Bill. There is growing cross-party acknowledgement that we can no longer predict and provide—that we do indeed need to create a more responsive system. I say that because the character of our economy is changing. Economic need is increasingly dynamic, and a system that is controlled from the centre would never be sufficiently nimble to respond to that commercial need. That is now widely acknowledged. The difference is that we are going about this with purpose, energy and enthusiasm.
Let me return to staff and student representation. It is important that we see the statutory requirement that I have described merely as a baseline. There are all kinds of other good things that we can do in terms of staff and student representation, but representation on governing bodies, it was argued persuasively, should be a baseline. Lords amendment 51 extends those changes to institutions that are not college corporations, but that have been designated by legislation to receive public money for the provision of further education. It would come into effect should they decide to change their existing instruments and articles.
Lords amendments 50 and 58 give colleges the power to close themselves, which is known as dissolution. Currently, only the Secretary of State can dissolve a college. The amendments remove that power from the Secretary of State and give colleges control over their own dissolution. Colleges will also have the ability to transfer their property, rights and liabilities to another person or body for the purposes of education. These amendments and the regulations that will be laid in support of them include a number of safeguards to ensure that any dissolution decision is taken only when all those affected—staff, students and the local community —have been properly consulted, and that the process will be transparent, recognising that colleges are providers of an important public service.
In Committee, the hon. Member for Hartlepool (Mr Wright), who is not in his place, but who was a diligent member of the Committee, raised questions about the likelihood that colleges would fail with these new freedoms. There is no evidence to suggest that the extra freedoms will increase the risk of failure. Notwithstanding what I said about the growing understanding of the need to allow colleges to be more locally responsive, it is worrying that there are those who believe that colleges will not rise to the challenge of the new freedoms and who believe that only through central Government control can we give the necessary protection to the common interest, which I have no doubt was in the heart of the hon. Gentleman. I do not think that he is right. Colleges have shown time and again that when they are given the opportunity to be their best, unrestricted, they can be so.
I am keen to address that point in more detail in relation to the amendments. Further education is a high-performing sector, with more than 95% of colleges judged satisfactory or better. Sometimes further education has been treated as what Sir Andrew Foster described as the “neglected middle child” of education, somewhere between schools and higher education. I see it more as the prodigal son, and not just that, but the prodigal son grown up. I want further education to be a favoured part of our education system because of the difference it makes to so many lives. The important thing is to ensure that where problems occur, there are robust monitoring and support systems so that colleges are given the opportunity and help to recover. It is right that we have in place the proper protections from failure because, as I have described, public interest is involved. A great deal of taxpayers’ money is involved too. However, we should not get to the point of creating an immense infrastructure to manage the college sector.
I think that it is correct to say, albeit with the benefit of hindsight, that after incorporation and the freedoms that colleges enjoyed as a result, we responded in a heavy handed way to the occasional, rare incidents of failure. It is reasonable to conclude that the advent and actuality of the Learning and Skills Council was an overreaction to the challenges associated with the new freedoms.
(13 years, 7 months ago)
Commons ChamberLater in my contribution I shall describe some of the ways in which the Government have done just that. They have taken a firm grip on these matters. Even in these early days of the long regime to which we can look forward and in which I hope to play a small part, we are making significant progress in the way that my hon. Friend wishes us to do.
It is not a question of the Government not intending to grasp the nettle—to take a grip on the subject, to use his terms—but of doing so in a way that is consistent, coherent and deliverable.
Lest I dwell too much on the first part of the Bill, let me deal with the second part. The Bill would stop a regulator, subject to specific conditions, introducing a charge for a previously free service. A regulator would be able to introduce new charges where previously there had been none on the condition that a report setting out the benefits of the new arrangements was laid before and agreed by the House. Were I a rather more sarcastic person than I am, and if I wished to tease my hon. Friend, which I would not do, as you know, Mr Speaker, I might say to him that he is himself in the Bill establishing a rather elaborate system, to put it mildly, for dealing with the test that he describes: a report to the House, which presumably will be debated, with no real clarity about the length or nature of that debate, and perhaps even referred to a Committee of the House. Who knows how long that process might take? It is absolutely right that these matters should be scrutinised, but the implication of my hon. Friend’s proposals is that we might lengthen, both in terms of time and substance, the mechanisms by which we assess, implement, gauge, and judge necessary regulation.
It is that part of the Bill that I am addressing, Mr Speaker, in very specific terms, and, yes, it could be argued that it makes the system more accountable, in the sense that it brings the matters before the House, but the spirit that lies behind the Bill and the powerful advocacy of my hon. Friend the Member for Christchurch, not just now but for all time, of the need to place fewer burdens on business, is that rather than extending and elaborating the process by which we implement, consider and, indeed, devise regulation, we should simplify it.
That brings me to the final provision of the Bill, which focuses on the duties of responsible Ministers and sets out plans to prevent them from increasing funding for their regulatory bodies. That would mean not only that the charging framework within which regulations operate was restricted, but that regulators should not have any additional funding from central Government as a result. I can understand why my hon. Friend argues that, and why the Bill seeks to put that argument into practice, but a better measure of the quantity and nature of regulation is required to consider these matters as fully as they might be considered.
Let me find common cause with my hon. Friend. It is absolutely right that the House, and indeed the Government, should consider the impact of regulation. The CBI has argued that regulation is one of the key elements inhibiting growth. Its April 2011 survey described a Nigeria-style regulatory regime—its words, not mine, I hasten to add. It said that only that country had a similar regulatory burden to that of Great Britain. Apparently, according to the CBI, we rank 89th out of 139 countries for having the biggest regulatory burden. Its concern was that that regulatory burden had a powerful influence on growth, and unless we deregulated, as my hon. Friend’s Bill would, we would inhibit growth. This is not the first time that the CBI has argued this case, nor is it the only organisation that does so.
My hon. Friend and others will be familiar with the Institute of Directors’ regulation reckoner, which it produces regularly, and I have here the 2011 issue. The IOD estimates that the total administrative costs of regulation for business for 2011 are growing and have a considerable impact on business both large and small. It argues that directors spend 17 hours a month on regulation administration and that the annual cost of regulation administration is £7,664 for each director. It says that work forces spend 106 hours a month on regulation. To put that in crystal clear terms, the IOD argues that the burden on work forces is equivalent to one member of staff working continuously on regulation from 1 January until 26 August, which is 34 weeks, to complete a business’s annual regulation administration. That is the kind of evidence that stimulates my hon. Friend’s concerns and motivates him in his mission to address these matters and to encourage the Government to do so too. This is why it is important that we debate these matters, and it is absolutely why the Government also take them seriously. The CBI argues that in order to avoid a double-dip recession the Government must deal with regulation. My hon. Friend suggests that his Bill, which is essentially about the nature and cost of regulation, would help us to do that.
The arguments of others suggest that regulation does not emanate only from this place. It is the view of the Bruges group, with which my hon. Friend is familiar, that the cost of regulation to businesses that we in this country enjoy—or perhaps I should say endure—is about £100 billion, with EU regulation accounting for about half of the total. I know that you will be as shocked as I am, Madam Deputy Speaker, to hear that, and as determined as I am that we adopt such regulation only where absolutely necessary, and that we certainly do not gold-plate it. Yet the IOD tells us that that is precisely what the previous Government did. That is the risk we face.
Not only must this House be diligent in ensuring that the additional regulatory burden I have described is not piled on to businesses large and small, but we must be even more mindful of the need to ensure that that which comes from other lands does not make the circumstances even worse. To that end, the Bill includes a definition of a regulatory agency in order to try to deal precisely with the matters I have described. However, I am advised by officials that the task of defining a regulatory agency, as the Bill does, is always a very complex one.
It might be helpful to build on that advice and start by reflecting on the range of agencies and organisations already involved in our system of regulation, because for the proposed agency to have effect it would need to sit comfortably with the existing framework of regulators and be consistent with the forms in which that regulation is constituted. The large number of organisations and individuals that play a part in securing compliance form a complex landscape. Businesses have the primary responsibility for meeting their obligations under the law, but a number of agencies in the public and private sectors, as well as civil society organisations, also play a role.
My hon. Friend the Member for Christchurch will know that national regulators secure adherence to the rules in many areas of modern life, including nuclear safety, pensions and health. He spoke earlier about some of the others, and I criticised him for using examples that would perhaps not be covered by the scope of the Bill, but none the less he made a powerful point about the range of areas of life and the range of activities and business on which regulation has an impact, and I understand his point.
Local authorities also have a role in enforcing the law in areas such as food safety, under-age sales and consumer protection. Were the Bill to proceed, the regulatory agency my hon. Friend seeks to establish would need an appropriate legal interface with those authorities.
I wish my hon. Friend would use some of this cold water to wash his car, rather than to pour over the Bill. Why does he not see himself as a reforming Minister and grasp the issues so that he can take this matter forward, rather than using them as an excuse for doing nothing?
I am disappointed in my right hon. Friend, as a fellow owner of a Jensen Interceptor Mark III and member of the owners club, because what I have said is merely my preliminary remarks on why the Government cannot accept the Bill in its current form. I will move on to why we feel that aspects of the argument put forward by my hon. Friend the Member for Christchurch are worthy and compatible with the Government’s determination to reform these matters in a way that reduces the burden of regulation. My right hon. Friend the Member for East Yorkshire (Mr. Knight) should not be so hasty in assuming that I do not share the reforming zeal that motivates him and others to make life more straightforward for our businesses so that they can add to the prosperity we all seek.
On the specifics of the Bill, my hon. Friend the Member for Christchurch advocates a regulatory agency. However, unless that agency were to interface with the existing mechanisms for dealing with regulation, it would be impossible for the Government to accept its establishment as framed in the Bill, because there are many agencies that play an important role in the regulatory system, in both national and local government, and also agencies that play a role beyond the framework of the law. Trade associations, in particular, provide a service to businesses in the form of regulatory advice and guidance. Lord Young’s review of health and safety law, which has been referred to, highlighted the extent to which other agencies, such as the media and private consultancies, can create their own regulatory burdens. We are therefore dealing with diverse responsibilities.
In some areas regulation is effectively free to business, which is why, as the Bill deals with costs, it is important that we assess which types of regulation impose costs and which do not. The costs of the regulator and regulation are often met by the Government. My hon. Friend, in his speech and in the Bill, makes no detailed assessment of the balance between the costs absorbed by Government and the costs imposed on businesses. The Government’s view is that in many cases it is in the interests of fairness that the costs of regulation are met by those who are regulated. Where such fees are charged, they can take a variety of forms, from licences to levies and charges for specific services.
In those terms, the Bill, as I have said, starts from the commendable idea that businesses should be given as much certainty and transparency as possible on how they are charged by regulators and that appropriate controls should be in place to govern the way in which they are imposed. In that respect, I find common cause with both my hon. Friend the Member for Christchurch and my right hon. Friend the Member for East Yorkshire, who call for a zealous approach to assessing those costs and measuring how Government activity might add to them. It is right that the system, with regard to the imposition of costs, how they are gauged and how they grow, is properly assessed.
Before I address the Bill’s specific points, I think that the House would expect me to put in context the scale and ambition of the Government’s approach to regulatory reform. Just yesterday I was looking at those matters with the Prime Minister and the Deputy Prime Minister in relation to apprenticeships. As you know, Madam Deputy Speaker, it is the Government’s intention to build more apprenticeships than Britain has ever had before, and we were looking at how some of the costs of putting in place the necessary regulation on apprenticeships could be lightened. For example, for large companies that are providing apprenticeships, we have announced that those costs—