Business and Planning Bill

Jim Shannon Excerpts

Committee stage & 3rd reading & 3rd reading: House of Commons & Committee: 1st sitting & Committee: 1st sitting: House of Commons & Report stage & Report stage: House of Commons
Monday 29th June 2020 Commons Chamber

[Jim Shannon (Strangford) (DUP)]

Not only do the breweries have an issue with how to sell their products; they also had a lot of their product in storage, which then went off and had to be disposed of in whatever way that is done. Does the hon. Gentleman agree that the breweries had a double whammy in not being able to make sales and having their stock destroyed?

[Ben Lake]

The hon. Gentleman makes a very good point. It is particularly the smaller independent breweries, where storage is perhaps even more of an issue, that will have had to dispose of a lot of their stock at considerable cost. Then there is the relative uncertainty as to when they might reopen and, indeed, how much beer to brew again. That is another problem that small breweries in my constituency have tried to tackle. I still think that might be a discussion to have. It is at least worth keeping the matter under review. I would welcome the Government being willing to do that.

The hon. Gentleman mentioned temporary events notices and licences. Another proposal would be to consider extending the authorisation of off sales to small breweries that do not hold a premises licence, but that are registered under the alcohol wholesaler registration scheme. That would be temporary and quite exceptional, but in these exceptional times there might be a case for it.

New clause 1 was tabled by the hon. Member for Westmorland and Lonsdale (Tim Farron), and he may well speak to that at greater length in a moment, but I put on record my support for it. The Government need to recognise the need for sectoral flexibility as they review how to withdraw some of the support schemes and take stock of whether these measures, exceptional as they are, are working. Given the nature of the crisis we face, our focus must continue to be on protecting otherwise viable businesses and supporting employment, so I welcome new clause 1.

Finally, I turn to the provisions in the first part of the Bill relating to the consumption of food and drink outdoors. A few Members have referred to those provisions as ushering in an al fresco age, which I am sure we are all excited to see, weather permitting. That part of the Bill extends to Wales as well as England, but the wording of clause 1 has caused some confusion as to whether it will apply directly to Wales. In concluding my remarks, I ask the Minister to clarify in his summing up whether the provisions will apply to Wales directly. If not, is he content that the Welsh Senedd is empowered to introduce similar provisions to support bars and restaurants in Wales, so that we may also see an al fresco culture in Wales over the summer?

Corporate Insolvency and Governance Bill

Jim Shannon Excerpts

Consideration of Lords amendments & Ping Pong & Ping Pong: House of Commons
Thursday 25th June 2020 Commons Chamber

[Paul Scully]

I am grateful to my right hon. Friend for that intervention. He will note that the Government have extended the moratorium on the forfeiture of leases due to covid-19 debts to 30 September, with which the amendments in the Bill have become aligned. In my conversations with retail and hospitality in particular, but not solely with them, I have been exercised by property and the balance between landlord and tenant. We must keep an eye on that.

[Jim Shannon (Strangford) (DUP)]

I recognise that what the Minister is bringing forward is important. We thank the Government and him for what they are doing. In relation to circumstances in the regional devolved Administrations—the Northern Ireland Assembly, the Scottish Parliament and the Welsh Assembly—there may be peculiarities in those systems that mean businesses are particularly under threat or having problems specific to those regions. Does the Minister feel that within the Bill we can get help through the devolved Administrations, and in Northern Ireland through the Assembly, to those businesses and, in particular, tourism?

[Paul Scully]

I agree with the hon. Gentleman that it is so important that we work with all parts of the nation and all the devolved Administrations, which we do regularly. My colleague my hon. Friend the Member for Stratford-on-Avon (Nadhim Zahawi) has regular conversations from our Department, and other Departments liaise closely with the devolved Administrations to ensure that local economies are protected, as well as looking at the overall national picture.

The measures that the Bill introduces will give our businesses the vital support they need to keep afloat, preserving jobs, maintaining productive capacity and enabling the foundations to be laid for the country’s economic recovery. Saving lives and livelihoods is at the heart of what we are seeking to achieve. Measures such as the new moratorium and restructuring plan, together with a prohibition on contractual termination clauses, will help more businesses in future to survive rather than become insolvent. Many of the permanent measures have been improved through scrutiny in the other place, and I will set out some details of the amendments that the Government have brought forward to ensure that the measures work as intended.

I turn first to the financial services super priority amendments.  The Government want to prevent firms gaming the system through a moratorium. Our amendments seek to disincentivise financial services creditors from seeking to accelerate their pre-moratorium debt solely to benefit from super priority should the company fail, or to obtain protection from compromise if a restructuring proposal was put to them. The amendments exclude pre-moratorium financial services debts from having super priority status in a subsequent administration or liquidation where the financial services debt has been accelerated for payment during the moratorium. That ensures that the correct incentives are in place for the moratorium to work effectively and not be brought to an end prematurely.

On amendments relating to pensions, the aim of the measures in the Bill is to rescue a company, which is ultimately the best outcome for its pension scheme. Nevertheless, the Government have been alive to the concern that the new procedures could result in a pension scheme being disadvantaged as an unsecured creditor of the company. As a result, we agreed that there is a need to build in specific protections. Amendments made in the other place ensure that the pensions regulator and the Pension Protection Fund get appropriate information in the case of both a moratorium and a restructuring plan and that the PPF can challenge through the courts, the directors and the monitor of a company in a moratorium. There is also a regulation-making power, which will allow the PPF to be given creditor rights in both procedures in certain circumstances. I hope that hon. and right hon. Members will agree that these are important and fair amendments to the Bill.

We have also made amendments to the temporary measures in the Bill. These temporary measures allow businesses to focus on what is important for their survival through this extraordinary period, rather than having to respond to aggressive creditor actions, or struggle with statutory filing or meeting requirements during the disruption. The amendments to the temporary insolvency provisions in the Bill extend the life of those provisions beyond what was proposed when the Bill first came to the House. They will now expire, as I have said, on 30 September.

It is already clear that businesses will need these measures in place for longer than we first anticipated, and we brought forward amendments in the other place to take account of that. The provisions retain the capacity to be extended further through a regulation-making power should it be required, and the affirmative procedure will apply to such regulations.

Amendments have been made in the Bill in relation to pre-pack sales in administrations. Pre-packs are a valuable tool for saving businesses and jobs. However, concerns have been raised about the lack of scrutiny of them. The amendments reinstate a power that had elapsed earlier this year for the Government to regulate pre-pack sales in administrations to connected parties. The Government will look carefully at pre-packs and I can inform the House that a commitment was made by my ministerial colleague, Lord Callanan, to review current practices in the summer before making any decision on regulatory changes.

Finally, a number of technical amendments have been made to the Bill where it was judged necessary. These include changes that will restrict the period for which certain powers have been given in the Bill that will be available to Ministers, changes to clarify the intended effect of the legislation, and changes which place a condition on the use of some powers. We have ensured that there is appropriate parliamentary scrutiny of any regulation made under the Bill, as well as appropriate safeguards on these powers. Where they relate to powers for a Scottish or Welsh Minister or a Northern Ireland Department, the corresponding change has been made to ensure equal scrutiny for all the Parliaments of the UK.

This Bill has been improved by the scrutiny of the House of Lords Delegated Powers and Regulatory Reform Committee, as well as by the incredible work of the Government’s own parliamentary counsel and their legal advisers. I hope that the House will agree that making good, accurate, appropriately balanced and clear legislation is very much in the interests of all, not least of businesses that rely on this legal clarity. I am confident that we have now achieved that in this package, which we have, nevertheless, brought forward as quickly as possible to respond to the covid emergency. Taken together, these amendments improve this important and much-needed Bill. The debates and discussions in this House, as well as in the other place, have shown quite what this Parliament can achieve, even if socially distanced, when we share that common aim to save and support businesses in this emergency context. I therefore call on Members to support all the Lords amendments.

Windrush Day 2020

Jim Shannon Excerpts

Tuesday 23rd June 2020 Commons Chamber

[Helen Hayes (Dulwich and West Norwood) (Lab)]

In 2018, to mark the 70th anniversary of the arrival of the Empire Windrush at Tilbury, 22 June was designated Windrush Day, an annual day of celebration of the enduring contribution of a remarkable generation to the UK. Yesterday saw the third national celebration. I want to start by paying tribute to Patrick Vernon, who led the campaign for Windrush Day for many years.

I am proud to represent a constituency with one of the strongest connections to the Windrush. Around 200 of the original Windrush passengers made their way from Tilbury to Clapham, where they found temporary accommodation in the deep shelter on Clapham common. From Clapham, they came to the labour exchange on Coldharbour Lane in Brixton in my constituency, where they found work in many different occupations, including with London Transport, in the construction industry and in the NHS. Many then settled in Brixton and a community grew, bringing food and music, and establishing local businesses and churches. Their identity is inextricably linked with the Brixton we know today.

It is easy for celebration of the Windrush generation to become sentimental, commemorating the positive story of people who came at the invitation of the British Government and helped to rebuild a country decimated by the second world war and to establish the NHS. Yet that is to ignore the hardship and racism the Windrush generation suffered: the signs in homes to rent that read, “No blacks, no Irish, no dogs”; the humiliation of bus conductors, whose passengers would leave their fares on their seat to avoid contact—the pervasive, oppressive, grinding discrimination encountered in so many aspects of life.

The first official Windrush Day took place against the raw open wounds of the Windrush scandal. The Home Secretary had resigned and the Government had promised to right the wrongs that so many have suffered.

[Jim Shannon (Strangford) (DUP)]

I commend the hon. Lady for bringing this to the House for consideration. Does she feel the angst that many of us feel that in December last year only 1,108 claims had been made and only 36 people had received money from the £200 million fund? Does she agree with me and others that it is disgraceful that those who need the money most cannot get anything?

[Helen Hayes]

I thank the hon. Gentleman for his intervention. He makes the important point, which I will come to later, that as we celebrate Windrush Day we must also be mindful of the justice that so many of the Windrush generation are still waiting for. Two years on from that first Windrush Day, only 60 Windrush citizens, as he says, have received compensation from a Government scheme, which is complex and hard to access and far too slow to deliver.

--- Later in debate ---

[Helen Hayes]

I thank my hon. Friend for her powerful intervention. She makes a very strong and important point—that it is hypocritical for the Government to offer warm words in celebration of Windrush Day when, of the many thousands who were impacted by the Windrush scandal, only 1,275 have even applied for compensation so far, and of those, only 60 have received any money. There is still so much that the Government must do to put right the wrongs of the Windrush scandal.

[Jim Shannon]

The hon. Lady has just mentioned the figures for now. In the six months that it has taken for 100 claims to be lodged, only 14 have actually been processed. That underlines the issue, does it not?

[Helen Hayes]

I thank the hon. Gentleman for his intervention. I have sat with constituents and filled out the form with them, compiled the documents, gone through that process, submitted the application, and we are still waiting months and months to hear anything from the Home Office.

I welcome the establishment of the new, cross-Government Windrush working group, and particularly the involvement in the working group of the Black Cultural Archives based in my constituency. Black Cultural Archives is a trusted organisation with deep roots in the UK’s black communities, and it has done so much to support the victims of the Windrush scandal. I pay tribute to its work. It is absolutely vital that it is funded to continue to provide that support, yet it is still waiting for applications to open for the £500,000 fund that the Government announced to support grassroots organisations. I hope the Minister might mention a timescale for that fund in his response.

I also welcome the Home Secretary’s announcement today that she has accepted the recommendations of Wendy Williams’ lessons learned review.  However, the Government have been far too slow, not only in relation specifically to the Windrush scandal, but in delivering the much wider reforms that are needed to address structural racism, including implementing the recommendations of the Lammy review on the over-representation of black men in the criminal justice system. I hope that the Minister understands just how low confidence currently is in this Government to tackle racism and structural racial inequality, and that there will not be confidence until sustained and meaningful action is delivered.

This year’s Windrush Day is celebrated against the backdrop of a new and additional scandal: the disproportionate impact of coronavirus on black, Asian and minority ethnic communities. The stories of the Windrush generation and the NHS are intertwined. The Empire Windrush arrived at Tilbury just weeks before the founding of the NHS. In my constituency, that connection is embodied in a single street. At one end of Coldharbour Lane was the labour exchange; at the other end is King’s College Hospital, which was and is still substantially sustained by the commitment, skill and care of BAME nurses.

Yesterday, I took part in an event organised by the Runnymede Trust to mark Windrush Day by celebrating the role of BAME workers in the NHS. We heard from academic researchers who had captured the historic experience of migrant women working in the NHS. During the event, the chat bar filled up with devastating first-hand stories of racism and racial discrimination. They included the experience of migrant nurses who were prevented from training as state-registered nurses, meaning that they could only take the inferior career path of the state-enrolled nurse—effectively a structural limitation on promotion and pay—and stories of patients being allowed to wait to be treated by white staff instead of equally qualified BAME staff, reinforcing racist views.

In 2020, it is now BAME NHS workers who are dying from coronavirus in disproportionate numbers. The Government are once again being too slow to protect them: they have announced another review, which will report at the end of the year, rather than taking the immediate protective action that is needed and demanded now. Earlier this month, thousands took to the streets in a heartfelt cry for justice and reform in response to the horrific death of George Floyd in the USA, because his death resonated so powerfully with their own experience here in the UK.

This Windrush Day must be both a celebration of the contribution of the Windrush generation to our communities, culture, economy and public services in the UK, and a moment of deep national reflection. We must reflect on how, more than 70 years since those first Windrush citizens began to work in our NHS, BAME health workers have died in disproportionate numbers as they administered treatment and care during the coronavirus pandemic.

We must engage communities across the country in learning about their own history, even when it is painful, and find ways to ensure that our town squares and public spaces reflect the diversity of our communities, including by moving statues that glorify shameful periods of our history from public spaces to museums where they can be contextualised as artefacts from the past. We need reform of the history curriculum in our schools, so that every child is taught a truthful and inclusive version of British history, including colonialism and the transatlantic slave trade.

The Government must deliver a functioning and effective compensation scheme for the victims of the Windrush scandal and urgently implement the recommendations of Wendy Williams and of my right hon. Friend the Member for Tottenham (Mr Lammy). They must give confidence that such a scandal can never happen again.

Corporate Insolvency and Governance Bill

Jim Shannon Excerpts

Committee stage & 3rd reading & 3rd reading: House of Commons & Committee: 1st sitting & Committee: 1st sitting: House of Commons
Wednesday 3rd June 2020 Commons Chamber

[Lucy Powell]

As my right hon. Friend the Member for Doncaster North (Edward Miliband) and I have said, we support the principle of the Bill and urge the Government to do more to support businesses, so that they can remain solvent and do not need to use these provisions. I hope the Minister will take the amendments in the constructive way they are meant. I will speak to each of them in turn and set out why we are seeking reassurances or think that the Government should consider changes to the Bill as it progresses. This has been a very truncated process, so we are relying on Ministers’ good will to take on board not just the comments I am about to make but those made on Second Reading, some of which were excellent suggestions.

I will take the self-explanatory amendments first. Amendments 3 to 12 inclusive would extend the time limits of the covid-19-specific provisions in the Bill. We welcome the retrospective nature of the provisions, but as we have discussed with the Minister, we suggest that the Government amend the Bill to extend the time limits for a number of the provisions, as they are insufficient given the prolonged nature of the crisis. Specifically, the suspension of the wrongful trading liability and statutory demands and winding-up petition measures should be extended to the same date as when the AGM and company account filing measures are valid, which is until 30 September.

Clearly, there was a sense from Government when the Bill was being drafted that on 30 June, most things would be back to business as usual. It is now clear that many sectors will not even be partially open for business again by that deadline—I am thinking particularly of hospitality, travel, tourism and the arts and their associated supply chains. They will not even have begun trading by the end of this month, let alone be getting back to any kind of solvency.

[Jim Shannon (Strangford) (DUP)]

I agree wholeheartedly with what the hon. Lady is saying. In Northern Ireland the start date for the hospitality sector, including hotels, is 20 July, so nothing will even be in place until that time. I am a wee bit disappointed that the Minister has not acknowledged that we should have a six-month extension, maybe even to the end of the year.

[Lucy Powell]

The hon. Member makes a good point. Businesses that are struggling to keep their heads above water need certainty, and they need to know that the lifeline measures in the Bill will not be pulled from under their feet before they even reach needing them.

The point of the suspension of the wrongful trading provisions is that lots of businesses are effectively trading technically insolvent already through no fault of their own. Just as we have seen Ministers rightly extend the furlough scheme, support for the self-employed and other measures, they should get ahead of this now. Rather than having to spend time on a statutory instrument in only two or three weeks’ time, Ministers could and should take the opportunity to get this done today by agreeing to our amendment.

Amendment 2 would extend the moratorium for small businesses from 20 days to 30 days for businesses facing insolvency. The Federation of Small Businesses has called on Government to extend the moratorium period for small businesses because it does not believe that the 20-day period in the Bill is sufficient. We support that call and ask Ministers to agree to that change.

New clause 2 has not been selected, and we will have a proper look at this in the other place, but we think that the powers of the Small Business Commissioner should be strengthened, as we discussed on Second Reading.

We have long argued for some of the permanent measures in the Bill, particularly in the wake of the Carillion collapse. However, we have some concerns about what has been left out, as I said on Second Reading. There could be unintended consequences in the restructuring proposals that are being put in place that could disadvantage small businesses, employees or other unsecured creditors, such as pension funds. The Minister and I have discussed the issue in private, and it was also raised by a number of Government Members earlier. Given the crisis and the numbers of businesses already struggling, we appreciate the haste in bringing forward the changes, but we are concerned that Members and outside bodies have not had a lot of time to scrutinise the Bill and its implications, so we think the Government could consider having a period for reflection and review.

We have included as amendments a number of omissions from the 2018 consultation. The collapse of Carillion and the consequences for workers, supply-chain businesses and the public were a national scandal and an abject failure of British corporate governance policies. There have been huge repercussions for taxpayers, with unfulfilled contracts, unfinished buildings and thousands of apprentices laid off—the taxpayer had to foot the bill for those failures of corporate governance. There is, rightfully, public anger at the failure to hold people to account for such things. As ever, it seems that in such instances the profits are taken by the private sector, but the public sector foots the bill when the risks have been taken by directors over whom they have no control. Given the economic crisis that we face and the likely recession, it is clear that in the next few months and years we will see more big corporate collapses and failures, so it really is remiss of the Government not to strengthen the corporate governance measures, as they said they would do in 2018. I wish to make it clear, especially because Members raised this earlier, that the measures in our amendment are lifted entirely from the Government’s own recommendations.

Alongside key omissions from the Bill, we have heard from academics, trade unions and other organisations about some of the sweeping powers in the legislation and the fact that there could be considerable scope for the misuse of some measures to disadvantage particular groups. The next set of amendments would seek to safeguard funds for unsecured creditors, protect pension schemes, and protect employees by giving trade unions a voice in any restructuring plans. I urge the Minister to have conversations with the trade unions and to look to add our provision—or a provision like it, as Members from both sides were calling for earlier—to the Bill as it progresses to the other place.

We have concerns about how the restructuring plan will hit employees: many more could be pushed to or around the national minimum wage and lose their rights and their wages, as we are currently seeing with what British Airways is doing. Pension scheme deficits will be left unaddressed and more workers could end up losing out from their pension schemes. If this was not an emergency Bill, we would have had a lot more time to probe Ministers on these issues in a full Committee and to discuss what could be done to strengthen the protections in the Bill.

New clause 1 would insert into section 176A of the Insolvency Act 1986 a requirement that at least 30% of the proceeds from the sale of assets of businesses in administration or liquidation should be ring-fenced for payments to unsecured creditors, who often end up losing out to larger creditors, such as banks. The new clause explores a way for unsecured creditors to be guaranteed some assets so that they do not miss out. The legislation assumes that all creditors are identical and take a hit, but we know that that is not borne out in reality. There is a case for protecting the debts of SMEs and other unsecured creditors up to a specified amount, and that should not be reduced. What assurances can the Minister give that unsecured creditors will not lose out as a result of the Bill—although I know that that is what it is designed to try to achieve—and what mitigation is in place to protect unsecured creditors, who are often in the SME sector?

The intention of new clause 4 is to make pension scheme deficits a priority creditor in the event of insolvency and therefore due to be paid before unsecured creditors. The new clause would require the Government to make pension scheme deficits a priority, meaning that they would be the first in the queue in the event of insolvency and paid before other creditors. That could make employees’ votes count and offer them some protection. It is worth remembering that pension schemes are unsecured creditors in normal circumstances. If the deficit is not addressed by companies, employees face an erosion of their pension rights and their pension value goes down. Our amendment would help them to become a separate class in their own right and not to be subsumed into the amorphous mass of unsecured creditors. Members would be able to vote on any restructuring plan. That way, there would be a clear message to past and present employees. Given the nature of this debate and the number of colleagues from both sides of the House who have raised this issue, I hope that Ministers will look at the matter.

The intention of new clause 5 is to require mandatory discussion with trade union representatives once a company has entered the restructuring process. I understand that US evidence shows that restructuring plans often hit employees hardest, and many of the provisions in the Bill are based on US-European models. Wages can be reduced and employment terms changed. Many employees end up on zero-hours contracts or, as we have seen recently with BA, are sacked and then offered worse terms and conditions when they are re-employed. Pension rights are also reduced, and that could happen in the UK. I am sure that Ministers do not wish that to be an unintended consequence of the legislation, so we hope that the Minister will look at our idea, or a similar idea, and see if it can be introduced in the other place. I hope he can provide reassurance on that, not least because my boss, the shadow Secretary of State, is particularly agitated—and rightly so—about this issue.

I hope that the Minister will consider the amendments in the constructive way in which they are tabled. A number of Government amendments have been tabled, and they seem reasonable. We have not had a lot of time to study them, but I am grateful to the Minister for arranging a briefing with his officials. I look forward to his providing us with a bit more detail and assurance as the Bill proceeds.

Private Car Parks

Jim Shannon Excerpts

Tuesday 2nd June 2020 Commons Chamber

[Caroline Nokes (Romsey and Southampton North) (Con)]

It feels like groundhog day. This debate has been scheduled, I believe, perhaps as many as four times, but events repeatedly knocked it off course. Today, however, we are finally back in the Chamber physically with a full day of debate, and I have the chance to finally bring to the Floor of the House the long and tortuous case of a single parking ticket.

My hon. Friend the Minister need not look panicked that I am expecting him to do something about a specific parking ticket—the matter is now resolved—but I wish to draw to his attention the fact that my constituent, Mr Guy Hindle, was bullied by a succession of organisations over a period of some 20-plus months over a six-minute transgression. As Mr Hindle happily agrees, this is not about his experience. He is a resilient individual—very much so—and he eventually negotiated a payment of just £15, when at one point £247.62 was being demanded from him. It is about shining a light on what he refers to as the sharp practices of the wild west of parking services. It is not just my constituent who refers to private parking as the wild west. He is in great company. I tracked down some commentary from my hon. Friend the Chancellor of the Exchequer when he was a Minister at the Ministry of Housing, Communities and Local Government; he referred to it—private parking, not the Department—as the wild west, too.

This case is a litany of bad behaviour. My constituent parked for a mere six minutes outside Vets for Pets in Southampton and did not see any signage regarding the charge for parking, so he was surprised to receive a penalty charge notice. He informed the company, Premier Park, that he intended to defend himself, preferably in court proceedings, because he regarded the £60 charge for a six-minute stop as unreasonable. He heard nothing more until June the following year—2019—by which time the matter had been passed to Premier Park’s legal representatives. Remember the original offence, if one can call it that, happened in March 2018. Then followed a succession of increasingly threatening letters mentioning county court judgments, and each letter and every telephone call my constituent made to Premier Park or their legal representatives made it clear that there would be many more letters—and so it proved. All along, my constituent was responding, “Take me to court. I have amassed a dossier of evidence. I am prepared to defend myself. I believe I have a good case.”

Finally, in January this year, my constituent received confirmation that Premier Park would commence court proceedings unless my constituent was happy to agree to mediation. This was the first time that mediation had been mentioned. The original offence was in March 2018, and here he was, in January 2020, and suddenly the offer of mediation was made.

[Jim Shannon (Strangford) (DUP)]

I congratulate the right hon. Lady on bringing this case to the House. She is not the only one who has had run-ins with private car park firms. Indeed, the one she talks about ranks high in my mind. I fought a number of cases against it, and I have to say that ultimately I won them all. Does she agree that in the times we are facing, the privately run car park sector should show the same flexibility as our council car parks by removing charges and forestalling following through on any contraventions until we are past this very difficult time? Now is not the time for anyone or any private car park to profiteer or take advantage. We have to help our constituents and those individuals who have been held to be in the wrong for these contraventions.

[Caroline Nokes]

I will make two points in response to the hon. Gentleman. First, I have a most excellent staffer who for the last 10 years has described herself as my office expert on parking charges. She cringes somewhat when into the email inbox pops yet another case, but as I tell her, she has a 100% track record so far and we are very proud of her.

On the points the hon. Gentleman made about private parking charges at the moment, I am conscious that in Test Valley borough, half of which I represent as the Member for Romsey and Southampton North, the borough council waived parking charges right at the beginning of the pandemic and has since extended the free parking period. There are some challenging questions ahead, because as we move forward post pandemic, we want to see our high streets recover and to assist that recovery. I think the Chancellor and the Department have come up with some amazing and really important packages, but I have no doubt that the income from parking that councils have forgone has been a huge cost to them. They will need to find ways to make up that loss, but my plea to them is to show a spirit of tolerance and support for the shopkeepers and to allow our high streets to recover gently from this difficult period. The immediate reimposition of parking charges as lockdown ends would be a retrograde step. I was delighted to see the Minister nodding during that intervention, in which a really important point was made.

As my constituent said to me, had mediation been offered to him early in the proceedings, he would have taken it—it would have been the sensible thing to do. Instead, however, he kept responding to Premier Park, “No. I’ll see you in court.” The company kept responding, “We’ll take you to court,” or rather, “We’ll send you more letters threatening to take you to court. We’ll get increasingly aggressive. The charges will go up and up. We’ll employ a succession of different legal representatives until you don’t know which one you’re trying to deal with.” But two years on, the offer of mediation was made, my constituent accepted it and they settled on a sum of 15 quid, which I do not think is bad going.

What worries my constituent and me is the repeated bullying tactics: the threats of legal action, which are then not followed up for many months—in this case 20 months—the alarming threat of county court judgments, which we know have a devastating impact on people’s credit rating, and the threatening assertion that there will be lots more letters like that one.

I am conscious of the most excellent piece of legislation introduced by my right hon. Friend the Member for East Yorkshire (Sir Greg Knight), which came into force in March 2019 and paved the way for a single code of practice for private parking, giving drivers greater protection through a new appeals service. My right hon. Friend the Chancellor of the Exchequer, when he was at the Ministry for Housing, Communities and Local Government and occupying a similar portfolio to the Minister, championed the issue on behalf of the Government. This sort of code could have made my constituent’s life much less of a misery.

More recently, back in November 2019 my right hon. Friend the Secretary of State for Housing, Communities and Local Government appointed the British Standards Institution to work with consumer groups and industry to write the first ever compulsory code of practice for private parking firms to

“restore common sense to the way parking fines are handed out…crack down on dodgy operators”

and

“introduce a new independent appeals service”.

I know that is correct, because I lifted it from the press release I found on gov.uk. The code was also to ensure that a mandatory 10-minute grace period, which already applies to local authority car parks, be extended to all private parking services.

I take my hon. Friend the Minister back to the precise period my constituent parked for: six minutes, which is four minutes less than the minimum grace period suggested. I am prepared to concede that my constituent’s supposed six-minute transgression happened before the excellent private Member’s Bill and before the Secretary of State appointed the British Standards Institution to write the new compulsory code, so maybe it is not reasonable to expect a member of the British Parking Association to apply 2019 standards to a 2018 offence—notwithstanding the fact that it was Premier Park itself that dragged the whole matter out for 20 long months—except that the British Parking Association voluntary code of practice already referenced a 10-minute grace period.

Returning to the crux of the matter, the previous Minister with this responsibility, my hon. Friend the Member for Thornbury and Yate (Luke Hall), in response to a written question indicated that the British Standards Institution was contracted in December 2019 to develop the new code. It was tasked with convening a group of key stakeholders to write it, and there was to be a full public consultation within six months. The final code would be developed this year.

I do not wish to hassle the Minister and try to hurry the process along, and I absolutely acknowledge that covid has got in the way of many things, but this year is ticking by very quickly. My constituent and, indeed, those of other hon. and right hon. Members who have returned to this Chamber time and again to discuss private parking services need the code. I argue that the parking industry also needs it, and it is more than a year since the excellent private Member’s Bill of my right hon. Friend the Member for East Yorkshire.

Will the Minister this evening in this much delayed debate therefore please give us an update on progress and an absolute commitment that, exactly as was said in February, the code will be developed this year and introduced? Will he reassure me and my constituent that the 10-minute grace period or transaction period, which allows a driver to enter a car park, establish the charges and then decide whether he wishes to pay them or whether they are far too high for his taste and he wishes to leave and go elsewhere, will be included? That could have saved my constituent 20 months of harassment and pain.

That grace period should be a crucial part of enabling drivers to make informed choices in future. That is what this is all about: allowing drivers to make informed choices and giving them a bit of leeway so that they can decide whether that is actually where they wish to park. I learned from my right hon. Friend the Member for East Yorkshire that there might be many good reasons why parking charges are not advertised outside a car park, such as it being in a conservation area where there might be restrictions on signage. We should give drivers the opportunity to go into a car park, have a look and then potentially leave.

I conclude by asking the Minister to make that assurance, to give us an update on when this code is coming and when the public consultation will happen or whether it has already happened and to give us a sense of progress and a sense that this matter is in hand and will be dealt with.

[The Minister of State, Ministry of Housing, Communities and Local Government (Mr Simon Clarke)]

I thank my right hon. Friend the Member for Romsey and Southampton North (Caroline Nokes) for raising this issue and I congratulate her on securing this much-delayed debate. I also want to thank her and indeed, hon. Members across the House because this is an issue that I receive a lot of representations about on a daily basis. It is something that I am keenly aware needs resolving, and Members across the House are firm in their view that action is necessary on the regulation of the private parking industry.

Too often, our constituents are treated poorly at the hands of parking firms, and I know that many of my constituents in Middlesbrough South and East Cleveland feel the same. The clear cross-party support for the Parking (Code Of Practice) Act 2019 was therefore hugely encouraging, and I am pleased that, through the Act the Government are giving motorists greater protection against bogus parking fines and clamping down on rogue operators.

Self-regulation in the private parking sector has led to some undesirable practices, including misleading or confusing signage, aggressive debt collection, spiralling fees and opaque appeals services, and we heard some of that in the case of my right hon. Friend’s constituent, Mr Hindle. Members see in our postbags the effect that these poor practices have on people in our communities. They include the motorist who made a genuine and minor error entering their vehicle registration number into a machine and received £100 fine in the post; the driver who entered a car park on a busy day and could not park due to lack of spaces but got a ticket regardless because the camera assumed they had parked; the car park with signs that are impossible to read, subject to terms and conditions which are difficult to understand or which change without proper notice. Letters from motorists and even from MPs have gone unanswered by parking companies, although it does sound as though the hon. Lady has a staffer who will not be defeated by such tactics.

These practices are unfair and not good enough. The private parking industry plays a crucial role in our transport infrastructure, from facilitating commutes every morning to making our high streets accessible for shoppers and those accessing vital services. It employs thousands of people and serves millions of customers every day in normal times. We understand its importance, and that is why this Government are taking action to crack down on rogue firms, protect motorists and raise standards across the sector. With that in mind, I am pleased to update Members on the progress of our action after the passing of the Parking (Code Of Practice) Act, which was introduced thanks to the hard work of my right hon. Friend the Member for East Yorkshire (Sir Greg Knight), and we are actively delivering on our 2017 manifesto commitment to tackle rogue parking operators.

The Act provided for the creation of an independent code of practice for private parking companies and a one-stop shop for parking appeals, and our new code will ensure that enforcement and appeal processes are fair and proportionate. It will bring consistency, creating a level playing field across the industry, and it will benefit motorists, operators and landowners alike. If a parking company were to repeatedly break the code, its access to DVLA data could be blocked, and this data includes information on the vehicle keeper, so a company blocked from accessing it would be effectively unable to pursue parking charges. Blocking rogue operators in this manner will grant motorists greater protection against companies not delivering the standards that the Government and the public would expect.

We have taken steps to ensure that the code is not only reflective of the issues that we want to address but is informed by outside experts. On 3 November last year, the Government announced that the British Standards Institution would write the code in consultation with consumer and industry groups and carry out a full consultation once the draft was ready. The BSI is widely regarded as expert in regulatory delivery and has a proven track record of working with Government. Developing the code of practice as a British standard is thus a guarantee that the new regulation will be robust and of the highest quality, and the Government’s choice of BSI also delivers on our promise to listen to industry and consumers and involve them in the design of the new regulation. BSI’s process for developing new British standards involves reaching a consensus for a range of key stakeholders and seeking a wide array of views through a full public consultation. That will help to ensure that the code is entirely comprehensive.

I assure my right hon. Friend that, working in conjunction with the BSI, it is a priority to ensure that this code addresses the most significant and recurring issues that consumers deal with.

[Jim Shannon]

I welcome what the Minister has outlined for the right hon. Lady. I think it is exactly what we want to hear in this House, but when it comes to monitoring and checking, will the changes in the pipeline be enforced by locals councils, the police or another independent body?

[Mr Clarke]

It would not be an Adjournment debate without an intervention from the hon. Gentleman. In this case, he raises a really significant point. We need to make sure that these regulations have teeth. The deterrent lies in the fact that repeat offenders will find themselves unable to access the DVLA database and so it will in effect be self-policing.

In November, we announced that the Government would propose that the code considers a mandatory requirement to give all drivers the 10 minute grace period, which my right hon. Friend referred to, after their tickets expire. This will be a common-sense measure to ensure that drivers are not unfairly penalised for trying to do the right thing.

Planning for the Future

Jim Shannon Excerpts

Thursday 12th March 2020 Commons Chamber

[Robert Jenrick]

We want to support and reward the many councils across the country that are making often difficult decisions to allocate land, aggressively build out brownfield sites, re-imagine town centres and, above all, meet the local housing need of their communities. We want to encourage those that are failing to meet the housing needs of their communities to take such a lead, because it is not fair that people are not able to live and bring up their family in their own communities. That causes housing pressure to be pushed out to other areas, perhaps such as the one my hon. Friend represents, forcing the building of even more homes and putting even more pressure on local services and the countryside in some parts of the country, particularly in the south-east.

[Jim Shannon (Strangford) (DUP)]

Building can go ahead if action is taken to address potential flooding risks: more retention ponds or reservoirs to keep water on adjoining lands; and the planting of willow trees—the willow absorbs moisture and water, and can be cropped and harvested. That will involve a concerted partnership between the Department for Environment, Food and Rural Affairs Ministers and the Ministry of Housing, Communities and Local Government to preserve the environment. Will that be done? Will we have a good, sensible, intensive planning strategy now, for the future?

[Robert Jenrick]

Absolutely. The Environment Secretary and I will be working closely together as we see what further steps might be needed in the planning framework to ensure that homes are built in the right places. The planning system today seeks to do that, but clearly we have seen examples in recent weeks and months where it has not succeeded, and so some change may be required now, particularly as the flood risk facing some parts of the country appears to be more regular and more acute than we have ever known it.

Post Office and Horizon Software

Jim Shannon Excerpts

Thursday 5th March 2020 Westminster Hall

[Lucy Allan]

I thank my hon. Friend for his intervention, and he is absolutely right that it is now down to us as parliamentarians to put right this miscarriage of justice. I am grateful for the support of many MPs from all parties, but I am also grateful, as I said earlier, for the incredible campaigning work that was done long before I came to this place.

I will make just one more point before I move on to the main issues I want to raise. I will put on the record that the judge handed down findings that confirmed that bugs, errors and defects did indeed exist in the Horizon IT accounting system, and that these defects had caused financial discrepancies, for which postmasters were held accountable. That is a very important finding and I am pleased to place it on the record.

The purpose of this debate, now that the litigation is complete, is to highlight the need to find a mechanism that will allow those Post Office workers affected by this scandal to put the nightmare behind them and move forward with their lives. Of course, until convictions are quashed and criminal records expunged, it is very hard to see how they can possibly do that.

So many of these decent people were pillars of their communities, working in a respected role in what was once a respected institution. They speak of the way that the wrongful allegations of theft and fraud, and their wrongful imprisonment, affected their reputations in their community, causing a deep sense of stigma, social isolation and shame for themselves and their families. For some of them, that was too much to bear.

[Jim Shannon (Strangford) (DUP)]

I thank the hon. Lady for bringing this matter to Westminster Hall for us all to comment on, and so we can support her, too, as always. Does she agree that, since our courts have found that the Horizon system was unreliable, it follows that the convictions that relied on the Horizon data may also be unreliable? The argument that the interests of justice cannot be met unless we review convictions based on this flawed system is, therefore, understandable. The judgment, however, did not deal with the question of convictions, so there is still work to do to address that.

[Lucy Allan]

The hon. Gentleman is absolutely right, and I thank him for his intervention, because we are just at the beginning. We now have the opportunity, as parliamentarians, to start work. This matter is no longer sub judice—we can talk about it—and it is fantastic that there is a groundswell of support from right across both Houses.

Housing and Planning

Jim Shannon Excerpts

Tuesday 3rd March 2020 Westminster Hall

[David Linden (Glasgow East) (SNP)]

It is always a pleasure to see you in the Chair, Sir Charles, if not that of the Procedure Committee. I congratulate the hon. Member for Harborough (Neil O'Brien) on securing this debate. I agreed with you beforehand, Sir Charles, that I would keep my remarks short to allow other hon. Members to speak, given that this issue is largely devolved. It has certainly been an interesting debate.

I want to reflect on the planning and housing situation in Scotland. There has been a lot of discussion today about affordable housing, but it is us in Scotland who are trying as hard as possible to deliver 50,000 affordable homes, 35,000 of which will be for social rent, by 2021. We are certainly on track to do that. In my own constituency, Cranhill has an over-55s development, which is important given that people are living longer. Likewise, properties on Cunningham House on Shettletson Road are being built to Passivhaus standard, which is good for energy efficiency measures.

[Jim Shannon (Strangford) (DUP)]

Does the hon. Member agree that we have a duty to do our best to push for more affordable green homes, and that grants and incentives to cover the costs of renewable and low-carbon innovations must go in hand with greener obligations? In other words, we must meet our obligations for climate change.

[David Linden]

I absolutely agree with the hon. Gentleman, who chairs the all-party parliamentary group for healthy homes and buildings. Investing in greener homes is costly. Investing in the Passivhaus standard homes in Shettleston has cost Shettleston Housing Association quite a lot of money, but my constituents tell me that their energy bills are a lot lower.

I have concerns about the planning process. I often think of the Broomhouse estate in my constituency, which was supposed to start off as countryside living in the city, but it is now one of my largest polling districts. There is no school, GP practice or shop, and the local train station, in Baillieston, is now overrun by cars.

We often find that planning authorities—this is not confined to England—are more than happy to sign off on building lots of homes, not least because they provide lots of council tax revenue. It seems that little thought has been given to where the children living in those four or five-bedroom homes will go to school. We have seen the pressures put on, for example, Caledonia Primary School in Baillieston.

We have had a fantastic and wide-ranging debate. I have learned more about section 106 of the Town and Country Planning Act 1990 than I knew this morning. I pay tribute to the hon. Member for Harborough, who began by talking about the idea of fleeceholding. Some streets in my constituency have still not been adopted after 60 years. I used to think that was bad, but perhaps, given the situation he highlighted, it is a case of better the devil you know.

Wards Corner Redevelopment

Jim Shannon Excerpts

Wednesday 29th January 2020 Commons Chamber

[Mr David Lammy (Tottenham) (Lab)]

I am very grateful to have the opportunity to have the Adjournment debate this evening.

Mr Speaker, you may not know that Seven Sisters tube station in my constituency has about 3 million people visitors every year. Mr Speaker, I can tell that you are aghast. That is because it is the home of Tottenham Hotspur and people arriving to see them often come through the station. It is very much the gateway to my constituency.

Wards Corner is part of that gateway. It is the first building that people see on exiting Seven Sisters tube station. In the year of my birth, 1972, the former Edwardian department store was left abandoned. Soon it fell into a state of disrepair and throughout my childhood and teenage years, the space remained unused. It was not until the early 2000s, when new arrivals came to Tottenham—from Peru, Honduras, El Salvador, Brazil and other countries across South America—that it became lively again. Many had fled chaos and upheaval at home, but in Wards Corner, they spotted an opportunity to build a new home out of the disused space.

Stepping inside the Latin Village that they created is like entering a whole different world. Inside is a magical maze of shops, food stalls, barbershops and nail bars. Salsa and Spanish music vibrate the shelves of groceries. Kids run excitedly though the aisles. Men and women sit and chat, sipping strong Colombian coffee. The smell of Argentinian meat, freshly made empanadas and tamales is impossible to resist.

As day becomes night, the aisles fill up with young couples, groups of friends and families sitting down at tables to eat. The volume of the sound system is turned up. Beers imported from South America are passed round. People chat, their faces illuminated by fairy lights and the hues of shop fronts. Couples dance. Out of the rubble, Tottenham’s South American community has created a treasure trove of culture, community, love and life. London is often hailed as a centre of openness, diversity and multiculturalism; this is a corner of the capital that lives up to the hype.

[Jim Shannon (Strangford) (DUP)]

rose—

[Mr Speaker]

I am not sure that the debate will roam as far as Northern Ireland, but I am sure that there will be a reason—perhaps the hon. Gentleman is a visitor to the precinct.

[Jim Shannon]

I congratulate the right hon. Gentleman on securing the debate. What he has been describing sounds almost idyllic. Does he not agree that any development strategy—I think he will come to this—must be robust and ensure that those who are from different communities, which he mentioned, within the overall community feel important and that they are heard and understood? Further, does he believe that we must be at pains to ensure that plans never, ever exclude people from their businesses and marketplaces and that we should understand their effect on people’s ordinary lives?

Planning System: Gypsies and Travellers

Jim Shannon Excerpts

Wednesday 29th January 2020 Westminster Hall

[Mr Hollobone]

I thank the hon. Lady for her intervention. Like her, I do not regard the Government’s consultation as satisfactory. I do not regard it as ambitious enough, and she is right to identify that there are issues with the Gypsy and Traveller community that we need to address outside the planning system. My hon. Friend the Member for South West Bedfordshire, in one of his excellent debates on this issue, highlighted the fact that Gypsies and Travellers have the lowest level of work of any ethnicity, at 47%. Some 60% of Gypsies and Travellers have no qualifications at all, whereas the figure for the rest of the population is just under 23%. He has said quite rightly that a compassionate case can be made for integrating Gypsies and Travellers into one whole assessment of their housing needs within a local area, rather than treating them as a separate group.

[Jim Shannon (Strangford) (DUP)]

I congratulate the hon. Gentleman on introducing the debate. He is clearly trying to find a delicate balance between integration and making sure that councils do what they should be doing, and I appreciate that; it is the way I like to view this issue as well. Following on from the thoughts that he expressed in his last few words, does he agree that in order to build relationships with the Traveller community, there needs to be more encouragement for their children to attend local schools and clubs, and that we must ensure they are a valued and heard part of our community? Further, does he agree that this relationship, which is something that he and I both want to grow, will be solidified by mutual respect and a future in which the Traveller community is accepted within the wider community?

[Mr Hollobone]

I am grateful for that helpful intervention. I am so pleased that the hon. Gentleman has raised the issue of educational attainment in Gypsy and Traveller communities, because it is a national disgrace that so many Gypsy and Traveller children do not get the education that they deserve and are statutorily obliged to receive. That is the fault of local education authorities, but it is also the fault of the Gypsy and Traveller communities themselves, and we need to do far more to address that issue.

Another important thing in the hon. Gentleman’s intervention was the two key words, “mutual respect”. Mutual respect works both ways. Gypsies and Travellers demand respect from the settled community for their needs, but do not seem to respect the settled community when they park up on land illegally or build pitches without planning permission, often terrifying local communities with their presence. Of course, there are arguments on both sides of the debate, but the issue needs to be addressed. We are at the beginning of a five-year Parliament. By the end of the parliamentary Session, there will be no excuse for not dealing holistically with all the issues that Gypsies and Travellers pose for all of us.

It will be helpful to give some figures to identify the scale of the issue. The latest figures that I have are from July 2018; if the Minister has more up-to-date figures, perhaps he can supply them. In July 2018, the number of Traveller caravans in the country was just under 23,000, up something like 30% from July 2008, of which 3,100 were on unauthorised sites. Of those 3,100, just over 2,100 were on land bought by Travellers. We are talking about 3,100 caravans on unauthorised sites, 2,100 of which were on land bought by Travellers and the remainder on land that they do not own.