Ministerial and other Maternity Allowances Bill

Jim Shannon Excerpts

Consideration of Lords amendments
Monday 1st March 2021 Commons Chamber

[Kim Johnson (Liverpool, Riverside) (Lab) [V]]

In the run-up to International Women’s Day, this is an opportune moment to welcome the Bill and the long overdue advancement of basic rights that it brings for women in Parliament. No Minister should be forced out of their post due to pregnancy, and participation in politics and public life should be accessible to all. However, gaping holes remain. The Bill only covers maternity leave for birth mothers and does not include paternity, shared parental or adoption leave, or considerations for parents of premature babies.

Centuries of struggle by women and trade unions and international best practice show that gender equality is best achieved when rights to parental leave are extended to all parents, so although this development is welcome it does not go far enough. The Bill fails to cover Ministers in the Scottish and Welsh Parliaments and the Northern Ireland Assembly, so will the Minister commit to strengthening the Bill and making it more inclusive at the earliest possible opportunity? If we cannot get it right in the corridors of power, how can we expect the policies we decide in Parliament to effectively tackle gender discrimination throughout society?

After a decade of austerity cuts by this Government that fell heavily on the shoulders of working women, and particularly on black working women—cuts that the United Nations special rapporteur on extreme poverty called so sexist that they may as well have been compiled by a group of misogynists in a room—is it at all surprising that the pandemic has disproportionately left women at greater risk of leaving or losing their jobs, reducing their income and taking on extra caring burdens?

Earlier this month, a report from the Women and Equalities Committee, which I sit on, warned that this Government’s plans for economic recovery risk turning back the clock unless the equality impact of every policy is fully assessed. Will the Minister take this opportunity to confirm the Government’s commitment to assessing the equality impact of their covid recovery plans? Women are more likely to be employed in sectors shut down during the pandemic, are more vulnerable to job loss or being placed on furlough, and are disproportionately employed on precarious contracts. The burden of juggling childcare and home schooling duty, as well as caring responsibilities for elderly or sick family members, has all fallen disproportionately on the shoulders of women.

Research by the TUC revealed that a quarter of working mums are using their annual leave to manage their childcare during covid, with nearly one in five being forced to reduce their working hours or to take unpaid leave from work. In response, the TUC has called for temporary access to the furlough scheme for parents and those with caring responsibilities, and I want to take this opportunity to add my voice to that call.

In conclusion, the provisions of the Bill barely scratch the surface when it comes to promoting gender equality in Parliament and ensuring that politics is both accessible and inclusive. I urge the Government to take this opportunity to commit to strengthening the Bill and to acknowledge the need for much more to be done to protect basic rights for women inside and outside Parliament.

[Jim Shannon (Strangford) (DUP) [V]]

I would like to say a few brief words and thank all other right hon. and hon. Members for their contributions. This is all about making sure that Ministers’ maternity allowances are in place, so the amendments are very simple, as has been suggested, and I believe that there should be no difficulty in accepting them.

I can well remember that when someone close to me had a miscarriage, she was told on Mother’s Day by a lovely lady who had given her flowers in her church with all the other mothers. “You do not have your baby, but you’re still a mummy.” Whether a mother holds her baby in her arms or only in her heart, the creation of life gives her that title and I believe that it is right and proper that we respect that in law. I support the amendments, which simply clarify that position.

I echo the comments of others who have suggested to the Minister in a very nice way that this should be the first stage in delivering for elected representatives in the Scottish Parliament, the Welsh Parliament and the Northern Ireland Assembly, and for councillors and those who hold positions in local government. It is time to get it right. In her conclusion, perhaps the Minister can reassure us that those in the devolved Administrations and at council level will find the same liberties, equalities and opportunities.

[Penny Mordaunt]

I thank all hon. Members for their thoughtful contributions. In closing this debate, I will respond to a few of the points made. The Government have been clear throughout the debate in both this House and the House of Lords that the Bill is an important step forward that at last makes provision for Ministers to take paid maternity leave. I repeat my thanks to the Opposition Front Benchers for their constructive support—not only on this, but on the future work we are planning to bring forward. I am pleased that the Bill will be able to make similar maternity provisions for Opposition office holders as well.

I turn to the comments of the hon. Member for Lancaster and Fleetwood (Cat Smith). In earlier consideration of the Bill, I spoke about the context in which we are bringing it forward. I am very conscious that even if we took into account future ministerial post-holders, this is still a tiny group of individuals compared with the general population.

There is work that we want to bring forward, not least the work that the Department for Business, Energy and Industrial Strategy has been leading on, to help make progress on a number of related areas. This Bill has afforded me the opportunity to check in with those Ministers and to encourage them. It is understandable that the effort of that Department has been focused on the pandemic, but if we are to recover from that, we have to ensure that women are economically empowered and are supported, and many of the things that BEIS has been looking at will help do that.

The hon. Lady asks whether we have considered premature and sick babies. We have, and I think the provisions in the Bill will certainly help anyone in that situation. We originally drafted this Bill to incorporate adoption leave and shared parental leave, but it was too difficult because of some of the issues around the royal prerogative, Ministers, caps on payroll and so forth, which is why we need a little bit more time to do this additional piece of work before we bring back, I think, future legislation to address those issues.

That will also dock into work that hon. Members will want to do in this place with the Independent Parliamentary Standards Authority. We recognise its independence, but clearly we are talking about the same individuals. Indeed, the Attorney General may have got her ministerial situation sorted—I hope, if this Bill gets Royal Assent—but she will still face the difficulties that other Members have spoken about as a Member of Parliament.

Turning to my hon. Friend the Member for Reigate (Crispin Blunt), I first thank him and the all-party group for the incredible work they have done not only on domestic issues, but internationally. When we in this place look back at footage of our predecessors and see some of the remarks made decades ago about LGBT people and the homophobia that was exhibited, I am sure that all of us cringe. I think we should ask ourselves whether, were we in the Commons at that time, we would have called it out. Would we have gone out of our way to send our support, empathy and understanding to gay people at the time?

The challenge for us today is exactly the same with trans people, and I hope that all Members of this House—I know that many Members do—take that responsibility extremely seriously, none more so than my hon. Friend. The amendments we are accepting today are legitimate and understandable, and critically they are also legally sound, but let me say in supporting them from this Dispatch Box that trans men are men and trans women are women, and great care has been taken in the drafting and accepting of these amendments to ensure that that message has got across.

So often these issues are presented as an intractable row between two incompatible positions. They are not; they are about all people being able to go about their lives and to be supported in doing so. I know that many hon. Members in this place and their lordships in the other place feel that very strongly and feel a huge responsibility. As a woman, I agree with many of the comments made today. I want the rights of all women to be taken care of and all men to be safeguarded, too.

The hon. Member for East Renfrewshire (Kirsten Oswald) made some very good points. I have to inform her again, sadly, that Ministers have no rights because of the royal prerogative—I am sorry to say that—and, therefore, the Prime Minister is the arbiter of this, but I cannot imagine a situation where any Prime Minister would not allow someone to take maternity leave. If anyone has any idea how to get around that as a Minister, I am quite keen to have some rights. We will obviously keep that under review, but that is the current situation.

Government's Management of the Economy

Jim Shannon Excerpts

Tuesday 23rd February 2021 Commons Chamber

[Jim Shannon (Strangford) (DUP)]

Can I first put on record my thanks to Government for their regional strategy?

Before covid-19 came, the unemployment rate in my constituency of Strangford was at its lowest. This was not all because of the Government here but because of the partnership that they had with the Northern Ireland Assembly and with the Deputy First Minister when my party held that portfolio. It is very clear to me that that strategy was successful, but covid-19 came, and with it came a whole change in where we are. The Government stepped up to the plate and made sure that the moneys were made available. The deficit is now expected to be £384 billion—£339 billion higher than had been anticipated before public health restrictions were first imposed back in March. I would ask the Minister, and hopefully this response will be forthcoming, to recognise that we need to see continued investment in our workforce as the only way out of this. By having that investment, we have the taxes, and then we have an economic boost and we do better.

It is very important that we have a plan that also looks at the repayment of the moneys over this period of time. We cannot just leave it as a problem for our grandchildren, and indeed our great-grandchildren. For 2020, the Office for Budget Responsibility expects economic output to be 11% lower than it was in 2019—the biggest annual contraction in over 300 years. We must support small businesses, in particular. In Northern Ireland, in my constituency of Strangford and across the whole of the Province we have the largest number of small businesses and those who are self-employed, equal only to that in the south-east of England. We need to have support for the self-employed and for small businesses, and to make sure that that happens for the future as well.

The third point I want to make is one that has been relevant in the press today. The headline story in my provincial press back home and also in the national press here is the problem for those who have cancer. I know that cancer becomes a topic in this Chamber on every occasion, but as the health spokesman for my party, I put on record that the media confirmed that 100,000 people with cancer in the UK are struggling to pay for basic essentials, such as food, bills, rent or their mortgage. More than two in three of those people with cancer—70%—who are struggling with basic living costs have experienced stress, anxiety or depression as a result of covid-19. I ask that the Government make provision for those with cancer.

Ministerial and other Maternity Allowances Bill

Jim Shannon Excerpts

2nd reading & 2nd reading: House of Commons
Thursday 11th February 2021 Commons Chamber

[The Paymaster General (Penny Mordaunt)]

I beg to move, That the Bill be now read a Second time.

The Prime Minister believes that it is quite wrong for Ministers to have to resign in order to leave work after giving birth to care for a newborn child. The Bill before the House today will make an important and long-overdue change to the existing law. It will enable all Ministers for the first time to take paid maternity leave from their job for an extended period. Thanks to changes made in the ministerial code by the Prime Minister in 2019, there are now codified arrangements by which Parliamentary Under-Secretaries and Ministers of State can take maternity leave. Their roles will be covered by a redistribution of their responsibilities among remaining Ministers. Secretaries of State or other holders of individual offices such as Law Officers or the Lord Chancellor, owing to their constitutional role and the sheer volume and complexity of their workloads, have not been able to make use of this provision.

There has been a similar failing in the situation for Opposition office holders, where the statutory limit on the number of salaries that can be paid means that there is not the flexibility for them to take leave and for their cover to be paid. The Bill provides that it is possible for Members in those posts to take extended leave. It would apply to post holders of the Leader of the Opposition, the Chief Whips in both Houses, and up to two assistant Whips in the Commons.

I am very grateful to Her Majesty’s Opposition for their constructive engagement in the preparation of the Bill and welcome their support for this landmark measure.

[Jim Shannon (Strangford) (DUP)]

rose—

[Sir Edward Leigh (Gainsborough) (Con)]

rose—

[Penny Mordaunt]

If I may, I will make a little progress.

I particularly thank the hon. Member for Leeds West (Rachel Reeves) for her engagement and her commitment to the work that we wish to undertake following the Bill to address the other issues that need dragging into the 21st century.

[Jim Shannon]

I thank the Secretary of State for what she is saying. This has been a particularly difficult time for new parents, new mothers and new babies. During this lockdown period, I have been blessed with two grandchildren, so I have an idea of what it means. It has been a difficult time. The term is a “lockdown baby”. Will the Minister confirm whether there is an extended time for maternity pay? Are there incentives for companies to extend maternity pay? We really need quality maternity leave because of the circumstances of the past year.

[Penny Mordaunt]

I thank the hon. Gentleman for his intervention, but it is slightly beyond the scope of this particular Bill. In fact, the beneficiaries of this Bill are indeed very narrow and I shall comment on that further in a moment. I know that my colleagues in the Department for Business, Energy and Industrial Strategy and elsewhere in Government are clearly looking at a whole raft of long-overdue issues. I am sorry that the pandemic has delayed responses to consultation for very understandable reasons, but his points are well made. I am sure that, throughout the course of this debate and Committee stage, hon. Members will want to touch on the situation facing people other than the handful of individuals that we are concerned with this afternoon. On moving this Bill today, I do so with humility in recognition of that.

--- Later in debate ---

[Rachel Reeves (Leeds West) (Lab)]

I am pleased to follow the Minister, and I thank her for the discussions we have had in the lead-up to the Bill’s Second Reading. I congratulate the right hon. and learned Member for Fareham (Suella Braverman) on the impending birth of her baby, and I know that the whole House will want to send her and her family our very best wishes.

Let me say at the outset that the Opposition will be supporting the Bill, which is a small but welcome step in updating legislation in this important area. It is, of course, important that parents in the workplace should be supported in the challenging early months after the birth of a new baby, with the right to take paid maternity leave from their employment, whether they are in the Cabinet or in any other workplace. These changes should be made for the right reasons—because they are the right thing to do to support working parents, not because they are just politically expedient.

I welcome the Minister’s assurances that the Government are prepared to work on a cross-party basis to look at further reforms to bring us into line with best practice in this area. Further changes are indeed needed, because the proposals in their current form do not include, as the Minister recognised, any provision for paternity leave entitlement, those seeking to adopt or those on shared parental leave. As things stand, we are very much playing catch-up when it comes to parental leave.

If we are to encourage women from all backgrounds to become Members of Parliament and, indeed, Ministers, we must have modern working practices, so that it is a vocation that is open to everyone. A clear sign that further changes are needed, particularly when it comes to making Westminster a more family-friendly environment for working mothers, is the make-up of the House today. At present, 102 years after women first won the right to stand for Parliament and after reforms to sitting hours and the system of proxy voting, there are still just 220 female MPs compared with 430 men. That has to change if we are truly to reflect the country and all the experience and talent within it. I urge the Minister to work constructively with other parties and find parliamentary time to progress the further reforms that I believe many in the House would like to see.

[Jim Shannon]

I know that the Minister responded to my initial intervention, but the shadow Minister has referred to more reform, which I think is important. That reform has to look towards other elected representatives, including those in the Assembly and the councils. As an example, one of the ladies who works for me is a councillor, and she did not get the leave that she should have had, so I think this Bill is only the first stage when it comes to maternity leave. Does the hon. Lady agree that we can, and must, go further?

[Rachel Reeves]

I could not agree more with the hon. Gentleman. Elected representatives, whether here in Parliament, in devolved Administrations or in local government, and indeed those in all workplaces, absolutely deserve maternity rights which in some workplaces, including those of elected representatives, just do not exist today. I would very much support further reform in this area.

Ministerial and other Maternal Allowances Bill

Jim Shannon Excerpts

Committee stage & 3rd reading & 3rd reading: House of Commons & Committee: 1st sitting & Committee: 1st sitting: House of Commons
Thursday 11th February 2021 Commons Chamber

[Stella Creasy]

I rise to speak to a number of amendments. Before I do so, I will acknowledge some Members across the House who have done such amazing work in raising issues of equality when it comes to pregnancy and maternity in this place. I believe there is a high degree of cross-party consensus that we need to act.

I also put on the record my support for the many men who have spoken today about the importance of fathers. Let me be clear: there will be no equality for pregnant women and new mums until fathers are able to step up and equally do their bit. It is not a zero-sum game; it is about parents being able to support each other, and the importance to women’s equality of not being left literally holding the baby.

Let me put on the record my thanks for the work of my right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman); my hon. Friend the Member for Hackney South and Shoreditch (Meg Hillier), who was a trailblazer in her time and continues to fight for women’s rights; my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper); and, indeed, my hon. Friend the Member for Enfield North (Feryal Clark), who spoke bravely and set out her own fears for what would happen. That is one of the tests we must face in this place.

I take the point that the Paymaster General is making when she says that this is not a perk, but I think it is quite difficult to make that argument when faced with another Member of the House who is in exactly the same position as the Attorney General but will be unable to access the maternity leave that we have all agreed it is important that new mums should be able to access.

I want to put on the record my support for the words of my hon. Friend the Member for Leeds West (Rachel Reeves). If Members have not read her books, trying to correct the record of the absence of our understanding of what women parliamentarians have done, they really should.

I also want to mention the right hon. Member for Basingstoke (Mrs Miller). I said in my earlier contribution that one of the things I thought was missing from the debate was a recognition of the legislation that she has proposed to try to help women facing redundancy in pregnancy, and to make real the promise, which I think we all expect for our constituents, that we will not make someone who is pregnant redundant. As we know, even before the pandemic, 50,000 women a year were facing that situation. I think about the narrow scope of this Bill and contrast it with what her Bill could do for thousands of women in this country. If she is able to bring it forward, she will have my support.

I also want to thank the current Chair of the Women and Equalities Committee, the right hon. Member for Romsey and Southampton North (Caroline Nokes), who is doing an amazing job. She spoke today about the importance of equalities impact assessments. New clause 1 is about exactly why that matters. Obviously, we usually expect those assessments to be done for any form of Government legislation, because we recognise that we cannot be blind to the consequences of legislation for different sections of our society.

We have an Equality Act in this country and we protect certain characteristics for a reason, because we know that not everyone in our society faces a level playing field. Pregnancy is a protected characteristic for just that reason—to enable us to say, “Actually, in our society in 2021, women who are pregnant in our communities face discrimination.” We recognise that if we address the challenges that they face and remove those barriers, we shall all benefit. This legislation seeks to do that, and I recognise that. That is why I will support it, and why I think it is the right thing to do.

However, as the Paymaster General herself said, this legislation does that for a maximum of 115 women. In a society of 70 million people, that cannot be enough. That cannot be the message that we send from Parliament. That is why it is important that we have an equalities impact assessment of this legislation, and that we recognise that it does not take place in a vacuum, but in an unequal society where women who are pregnant face discrimination. We see that in our public life. We have already talked about this place briefly, and I do want to return to that, because I think it is important.

I acknowledge that the Paymaster General has recognised the timetable that I am setting her. I want to put that on the record, because I think that should be part of an equalities impact assessment where I believe the discrimination is against those of us who are pregnant, and there are human rights elements of this. But we cannot be blind, either, to the message that this legislation, in the way it is crafted, will send to our sisters in local government and regional Assemblies, or indeed to our sisters who are employees of this House.

[Jim Shannon]

Will the hon. Lady give way?

[Stella Creasy]

Happily. In fact, if I did not give way to the hon. Gentleman, I would feel that I had missed out.

--- Later in debate ---

[Jim Shannon]

I thank the hon. Lady for what she is saying, because I wholeheartedly agree. An example of that is a young girl who works for me. She is my PPS but also a councillor. She was able to get maternity leave because she works for me in this place, but not for her role as a councillor. I want to quote quickly from her. She cried, for she felt pressurised to return to the council after a couple of weeks, not by any person in her group but because she knew that no one else could take over from her, vote for her or speak for her. Today we have an opportunity to get this right for Ministers and for MPs, but I believe we must do the same for the Northern Ireland Assembly, the Scottish Parliament, the Welsh Assembly and every council. This is about equality, and we need that for everyone.

[Stella Creasy]

I always knew that the hon. Gentleman and I would eventually find common cause, even if we have disagreed on other human rights issues. He is right; we have a leadership role to play. Indeed, I would argue that this is leading legislation, because we know that in other Administrations there are not formal maternity provisions. That is why it is so frustrating that we are missing this opportunity to go further and help our colleagues.

Exiting the European Union (Value Added Tax)

Jim Shannon Excerpts

Wednesday 3rd February 2021 Commons Chamber

[Jim Shannon (Strangford) (DUP)]

Thank you, Madam Deputy Speaker; that was a quick swap-over.

I want to express concern about something that my right hon. Friend the Member for East Antrim (Sammy Wilson) referred to: the confusion that clearly reigns in Northern Ireland in relation to VAT. I hold constituency surgeries every Saturday when I am back home. The one that I hold in Portavogie involves fishermen, and a fisherman recently came to me saying, “I can’t understand, Jim, what this VAT registration is to do with. I am already registered for VAT.” I said, “Well, I think this is probably to do with the EU, Brexit and where we stand.” He then phoned HMRC, but had real bother trying to get any clarification whatsoever; first he was waiting and then the line went dead. I have some concerns for the people—fishermen, but others as well—who really do not understand the EU VAT regime, the UK VAT regime or the implications for their businesses.

The Minister is always generous in responding to our questions, so perhaps he could clarify this matter for me and my constituents. Will he outline the position of Northern Ireland in relation to regulations 3 to 9 under “Amendment of Group 8 of Schedule 8 to the Value Added Tax Act 1994”, which make

“provision in connection with the United Kingdom’s exit from the EU”,

and mean that we find ourselves being taxed through VAT for goods, yet paying customs on parcels from the mainland? Let me give some quick examples; there are plenty, but I will just give two.

I have a constituent who gets leather from a company in Newcastle upon Tyne in the north of England. Indeed, I suspect that that might not be too far away from the hon. Member for North West Durham (Mr Holden). Orders usually come in about three parcels, each weighing about 20 kg to 30 kg. The courier price has gone up from precisely £13.50 to £16.50 plus VAT. But the new price for the product—the best the leather supplier can give—is an estimated minimum of £75 plus VAT, and other taxes that may be imposed by HMRC mean a cost of at least £90 inclusive per parcel. That is a real deviation and a problem for our constituents—an almost sixfold increase. The courier company says that most of the price increase is due to all the customs paperwork it now has to complete. Can we have some clarification from the Minister on the confusion that seems to reign?

I was speaking to another constituent yesterday, who every year orders items from a horse goods supplier across the water. She usually orders from one person, but this time she applied to four people. Two could not do it, one did not answer and the one who did answer said, “The product is £30, but we are going to have to add £42 for the VAT and service charges, so the cost will now be £72.” My constituent was able to go online and order the product from the United States of America at a comparable price to the original—around the £30 mark.

A further example—I think I said two, but there are actually three—is of a constituent who wanted to send a car part across from England. It needs to come on a pallet, weighing 50 kg. He was advised by the shipping agent that he would have to pay £45 plus VAT for customs clearance. The charge is more than the part is worth. This again highlights something that we need clarification on. He is absolutely astonished that this is the case within the United Kingdom, and so am I.

I hope I have caught this right in relation to the issue about VAT and suppliers—my right hon. Friend the Member for East Antrim referred to it as well—and that those who buy cement, wood, concrete, building blocks and so on from the Republic of Ireland can reclaim their VAT. If that is the case, that answers one of my queries in an earlier exchange on this matter, just before Christmas, I think it was. If that is sorted and the VAT repayment that my right hon. Friend referred to can be done quickly, urgently and on the timescale that it should be, that would be good news.

The statutory instrument extends zero VAT to certain sectors. I highlight the inadequacy of this SI, and through you, Madam Deputy Speaker, query whether the Minister agrees that this measure should be extended to all products coming into Northern Ireland from the rest of the UK in any form of haulage or transportation, in the light of the customs expectation, which sees products costing six times the price, post the Irish sea border. These are real issues that affect the pockets of my constituents, those of my right hon. Friend and indeed people across the whole of Northern Ireland. I urge the Minister to go back to the Cabinet and raise the fact that these SIs do not provide parity for Northern Ireland as an integral part of the United Kingdom, yet we pay tax and customs. Other steps must be urgently taken.

I have to express these concerns on behalf of my constituents. I am sorry to do so. I hope the Minister will give us the clarification we need. We are 34 days into the Northern Ireland protocol, and boy, is it hard to understand.

Equitable Life

Jim Shannon Excerpts

Thursday 21st January 2021 Commons Chamber

[Jim Shannon (Strangford) (DUP) [V]]

May I congratulate the hon. Member for Harrow East (Bob Blackman) on setting the scene? With every one of these debates that I have attended, unfortunately there are fewer of my constituents who would receive the benefit. That is why today we again ask for the same thing.

In 2010, Equitable Life victims were promised fair and transparent compensation. To date, almost 1 million pension savers have received just 22% of the losses they suffered following the maladministration. That is hardly fair. Her Majesty’s Treasury has refused to disclose the full workings of its calculations of the payments that have been made, and that does not seem to meet the requirements that the Government set that all dealings must be open and transparent. I again call on the Minister and the Government, as he knows I often do, to make clear the method by which calculations are made, to ensure that victims do not continue to be left in the dark.

I have read of cases where policyholders were significantly undercompensated for their losses due to errors, yet I am given to understand that the Treasury made no attempt to contact those individuals. It is very frustrating. It is only upon appeal to the independent review panel that recalculations are made. What is of note to me is that every case has resulted in increased payments. Perhaps there is something there that the Minister could take on board. The process must be reassessed by the Treasury.

I have always found it difficult to reconcile the fact that, although losses were found to amount to £4.3 billion, only £1.5 billion was allocated for compensation for the victims. I have heard that the Government have allocated £620 million to those receiving annual payments, leaving only £708 million to share among 1 million other victims along with a contingency fund of £100 million. The working out of this has been explained to me: savers receive only an average of 22.4% of the money that they lost. Surely, Minister, we can and must do better. Those who have saved hard and consistently and prepared for their later life have been left disenfranchised. This is an issue for the Government and for the Minister directly to answer. Our constituents who contact us regularly have not forgotten about this. Their hard-earned savings have been lost.

The campaign has asked for numerous ways of helping victims, one of which is equality of treatment for those who took out with-profits annuity contracts before September 1992. They are the oldest and most vulnerable victims, and this could be easily met from the £140 million underspend of the £1.5 billion already allocated by Parliament.

Through you, Madam Deputy Speaker, I ask again that this matter is considered by the Minister and his team. Society is always marked by how it treats those who are less well off. Here is a supreme example of those who have saved hard, worked hard and risk losing out. I ask the Minister to please look at this again.

Financial Services Bill

Jim Shannon Excerpts

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Wednesday 13th January 2021 Commons Chamber

[John Glen]

Our financial services sector is critical to our national effort to recover from the impacts of covid-19 and move towards a resilient, open and sustainable future for the UK economy. The Bill is the next step in a process to take back control of our financial services legislation, having left the European Union and come to the end of the transition period.

There are a large number of amendments to address, so I will speak at some length, but hopefully as succinctly as possible. Let me start with the 20 new clauses and amendments tabled in my name, which do four things. I will first address new clauses 27 and 28, new schedule 1 and amendments 16 to 20. I hope that the right hon. Member for Wolverhampton South East (Mr McFadden) will be pleased to see this set of new clauses and amendments, which have been tabled in response to an issue that he raised in Committee.

The Government remain committed to supporting the FinTech sector. The UK is widely considered to be a leading market—probably the leading market—for starting and growing a FinTech firm, and I am proud of that reputation. It has recently become clear that provisions in the Proceeds of Crime Act 2002 are creating challenges for some types of smaller firms known as e-money institutions and payment institutions. These institutions, which include industry leaders such as Revolut, Worldpay and TransferWise, have experienced significant growth over recent years. Currently, they need to submit a defence against money laundering request—which I shall refer to as a DAML from now on—to the National Crime Agency, to seek consent before proceeding with any transaction involving criminal property, however small.

[Jim Shannon (Strangford) (DUP)]

Will the Minister give way?

[John Glen]

I will not on this occasion, if the hon. Gentleman does not mind, because I need to make progress.

In the context that I just outlined, e-money and payment institutions are subject to greater bureaucracy than banks and building societies, which benefit from a £250 threshold amount, under which, in certain circumstances, they do not need to submit a DAML and can proceed with the transaction. E-money and payment institutions must submit a large number of DAML requests for low-value transactions, which are generally of extremely limited use to law enforcement. Processing these requests consumes law enforcement resource, as well as placing a disproportionate burden on these firms, so the amendment equalises the treatment between banks and payment and e-money institutions.

Alongside this change, new clause 28 amends the scope of account freezing and forfeiture powers in the Proceeds of Crime Act and the Anti-terrorism, Crime and Security Act 2001 to include accounts held at payment and e-money institutions. That will ensure that law enforcement are able quickly and effectively to freeze and forfeit the proceeds of crime and terrorist property when held in payment and e-money institution accounts. I hope that, given this, the Opposition will consider withdrawing new clause 6, which has a similar purpose. I am grateful to the right hon. Gentleman for his co-operation on this matter.

[Jim Shannon]

I want to ask this question because it is very important. We have had tremendous difficulties in Northern Ireland with paramilitaries and money laundering. I am just wondering, in the context of the legislation to which the Minister has just referred and money laundering in particular—we have this in my constituency of Strangford and across the whole of Northern Ireland—what discussions has he had with the police and those in the Northern Ireland Assembly to ensure that loyalist paramilitaries and republican paramilitaries, who are really criminals at the end of the day, are stopped from using that money? Will that be able to be stopped in Northern Ireland if this legislation goes through?

[John Glen]

I thank the hon. Gentleman for his point. It really does stray beyond the provisions of this particular amendment. He makes an important point, but it is not one that I can address at this point. I would be very happy to write to him to answer his question more appropriately.

I shall now turn to the remaining amendments in my name, which ensure that the powers that the Prudential Regulation Authority and the Financial Conduct Authority have over holding companies function as intended. Amendments 25, 26 and 27 enable the PRA and the FCA to make rules directly over holding companies to void employment contracts and require recovery of remuneration paid to individuals when rules prohibiting them from being paid in a certain way are breached. This is important because, as a result of the measures brought forward in this Bill, responsibility for ensuring compliance with a banking or investment group’s capital requirements is moving from its operating companies to its holding company. This amendment ensures that the regulator can enforce breaches of the rules at the level at which they are set.

Amendments 15, 28, 29, 30 and 31 are a set of relatively small amendments that ensure that the PRA has the full suite of enforcement tools at its disposal for the supervisory regime over holding companies. Amendment 24 is a technical drafting point. Amendments 22 and 23 are clarificatory amendments, which are necessary to ensure that the investment firm’s prudential regime applies to the correct set of firms and does not have extraterritorial effect. I know that this is an important point for my hon. Friend the Member for Hitchin and Harpenden (Bim Afolami). I thank him for his work on this and hope that he will welcome these amendments.

I shall now turn to the other amendments that have been tabled by Members of this House. First, there are a number of amendments that relate to criminality and money laundering. New clause 4 and new clause 30 would create a new criminal offence for FCA-regulated persons of facilitating and of failing to prevent economic crime. This is an important and complex topic, so I will seek to address it in detail.

The Government have taken significant action to improve corporate governance and culture in the financial services industry. We introduced the new senior managers and certification regime, which enables the FCA more easily to take action against the responsible senior manager where there has been a failure in a firm’s financial crime systems and controls. Separately, the Government have recently strengthened the anti-money laundering requirements on financial services firms.

In 2017, the Government issued a call for evidence on whether corporate liability law for economic crime needed to be reformed. Unfortunately, the findings were inconclusive and, as a result, the Government have tasked the Law Commission to conduct an expert review on this issue to report by the end of this year. That will ensure a more comprehensive understanding of any issues with current economic crime law, as well as the implications of any potential options if reform is considered necessary. Before any broader new “failure to prevent” defence for economic crime is introduced, there needs to be strong evidence to support it, as there was when similar bribery and tax evasion offences introduced in 2010 and 2017 respectively took place. A new offence will also need to be designed rigorously, with specific consideration given to how it sits alongside associated criminal and regulatory regimes and to the potential impacts on business.

The proposed new offences in this amendment would lead to a discrepancy in treatment between FCA-regulated businesses and other businesses under criminal law. The 2017 call for evidence did not provide any evidence to suggest financial services businesses should be specifically targeted with a new offence. Indeed, many of the examples provided related to businesses in other sectors.

--- Later in debate ---

[Jim Shannon]

Unfortunately I did not get the opportunity to speak on Report, but I want to put on record my thanks to the Minister for the prompt responses that he gives us on the matters that we bring to his attention. I believe that the Bill is a step in the right direction—it cements some of the issues that I would have liked to speak about earlier, which other Members have touched on—but there is still much to do. The Minister knows that, and we look forward to working with him.

The Minister talked about how imperative our financial services are and said that we can continue to be the core of financial services in Europe; I hope we can. As we leave the EU, I hope that the financial services industry can attain the highest standards and that we have protections for consumers individually and collectively. I am a person who uses a chequebook and has access to cash, because that is the way that the Northern Ireland man and woman did things over the years. I understand that the Bill puts in place protections for credit cards and so on, but sometimes credit cards do not work; sometimes the system breaks. Those of us of a different generation and a different way of doing things need reassurance that we can have access to cash if we need it and that chequebooks will be available.

The Bill provides protection for small and medium-sized businesses. I have expressed concern that the FCA rules do not protect small businesses in the way they should, and I hope the Bill can do that. Over the years, the hon. Member for Thirsk and Malton (Kevin Hollinrake) has been at the forefront of this issue. He and I have worked together, and with others, to make sure that small businesses are protected from any breach of FCA rules. I also understand his wanting to ensure that multinationals pay their fair share of tax to the UK, instead of hiving it off to tax havens. I hope that, through the Bill, in the future we will see more accountability in the process of ensuring that that takes place.

I am also very much for ensuring consumer protection by introducing ideas of fairness and legality, and I believe that the Minister is very keen to ensure that that happens. However, the individual consumer has no resources for court cases, whereas big business seems to have all the resources, so we probably need something in there for the small man and woman, who I always speak up for—we all do; I am not the only one.

I listened to the Minister earlier on money laundering, and particularly on his point about paramilitaries in Northern Ireland. He said he would come back and give me some details. I hope that, through the Bill, when we try to address money laundering, as the right hon. Member for Wolverhampton South East (Mr McFadden) referred to, we do not miss another opportunity to ensure that gangsters, thugs and paramilitaries are put out of business, as they should be.

Question put and agreed to.

Bill accordingly read the Third time and passed.

Small Business Support: Covid-19

Jim Shannon Excerpts

Wednesday 13th January 2021 Commons Chamber

[The Exchequer Secretary to the Treasury (Kemi Badenoch)]

I will just take my mask off—I am afraid that I am still not used to the mask compliance in the House.

I want to start by congratulating the hon. Member for Edinburgh West (Christine Jardine) on securing a debate on this important subject. Coronavirus has deeply affected the lives of millions of people throughout the country, including those whose livelihoods depend on the small and medium-sized businesses that are the backbone of our economy. I would like to assure the hon. Lady, who spoke passionately about what has been happening in our country, that this Government care deeply about the SME sector, and I know that this strength of feeling is shared by Members across the House.

The hon. Lady mentioned her pay for postage campaign, and I listened with interest. The Treasury is always very keen on new ideas on how to support businesses as we want to see them grow, thrive and compete. I understand that she has already been in conversation with the Under-Secretary of State for Business, Energy and Industrial Strategy, my hon. Friend the Member for Sutton and Cheam (Paul Scully), on this issue, and I will leave it to BEIS to respond to her proposals in detail. More broadly, the Government have put in place a broad package of support to help as many small and medium-sized enterprises as possible.

I will now turn to some of the main elements of that support, which, at every stage of this crisis, we have really pushed to every part of the economy, targeting a significant proportion of our £280 billion economic support package. Almost 10 million jobs have been furloughed under the coronavirus job retention scheme. This has given business owners the certainty that they can pay their workers’ wages. The self-employment income support scheme has so far provided grants to almost 3 million people, including small business owners, while more than 1.4 million small and medium-sized businesses have received over £68 billion of loans. In addition, we have provided tens of millions of pounds of cash grants to businesses as well as tax cuts and deferrals.

[Jim Shannon (Strangford) (DUP)]

I thank the Minister for giving way and the hon. Member for Edinburgh West (Christine Jardine) for her contribution. I think that this is the first full virtual Adjournment debate that I can recall being a participant in.

I spoke to the Minister beforehand on this matter, but first I would like to put on record my thanks to her and to the Government for all that they have done—we could not have survived this without all their help. May I just make a small plea for egg producers? They continue to sell, but have lost their market in hospitality, and need support. Others such as artisan food producers, whose product is of such a high standard, no longer have footfall and their small business is on the brink of collapse without substantial help to pay off their equipment that cannot be used. What help can we give those people?

Taxation (Post-transition Period) Bill

Jim Shannon Excerpts

3rd reading & 3rd reading: House of Commons
Tuesday 15th December 2020 Commons Chamber

Be that as it may, I have made the point, and sadly I cannot force the Chancellor of the Duchy of Lancaster to appear. It would, however, be extremely useful if he did, because then he would able to explain just exactly what he has agreed in the Joint Committee, of which we have only a smidgen of information. It would be a two-way advantage if he did it, and all I can say is that the position is as I have described it, and I am sorry about that. No doubt we will find out in due course.

[Jim Shannon (Strangford) (DUP)]

I just want to clarify one matter. Perhaps the hon. Gentleman can do that. When it comes to sovereignty and the free trade agreements that he and others have referred to, can he give me an educated guess on where Northern Ireland stands with sovereignty? Do we have the same freedom and the same rule of law across the United Kingdom of Great Britain and Northern Ireland, or will Northern Ireland be treated differently?

[Sir William Cash]

Provided the treaty itself, and therefore the Act of Parliament that follows from it, maintain the principles I set out in my question to the Secretary of State for Business, Energy and Industrial Strategy yesterday, there is no question as to whether we will be entitled to exercise our sovereignty and to displace European Court jurisdiction and the EU laws, for example—there are many others—on state aid. We will be entitled to do so, but it is a matter of constitutional law and also, as I have explained, international law.

I am afraid that there has been a great deal of assertion that we are so-called potentially in breach of international law, but international law recognises the fact that a country can exercise its sovereign rights to defend its economic interests from a national point of view. In fact, Helmut Schmidt did precisely that in, I think, 1998 over the question of the deutschmark and the dollar. There are many examples, and we have not got time to go into them all today.

I will turn to some of the precedents just to illustrate the fact that it is not such a novel idea somehow or other to use a “notwithstanding” clause or formula, and that applies to all parties, whether that is the Labour party, the coalition, where the Liberal Democrats joined in and voted with us on these matters, or the Conservative party. For example, the Income and Corporation Taxes Act 1988 provides that the parts that diverge from treaty obligations—the language of the section was completely unambiguous—were “notwithstanding anything contrary” to those arrangements set out in the Act. The section was enacted to retaliate against the introduction of unitary tax systems adopted by certain states in the US, most notably in California. I think my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake) may know about that.

What I am saying is that such provisions are not exactly unusual. Indeed, in the Finance Act 2013, which was under the coalition, the Liberal Democrats went along with allowing Parliament to effectively write a blank cheque to interfere with international treaties—approximately 130 of them, in fact. That provision is still in force. No one questioned the Chancellor’s right to introduce any such legislation or, indeed, the lawfulness of the work of Her Majesty’s Revenue and Customs, which still relies on it in combating questions relating to such arrangements.

Then there are other precedents. I shall stick to Finance Acts at this juncture as that is what we are dealing with in the context of this particular Bill, which is, of course, a finance Bill. Section 52 of the Finance (No. 2) Act 1945 overrode aspects of the Ireland-UK tax treaty of 1926. I hope I may be allowed a slight smile here, as I look across the Irish sea and consider the position with regard to the Irish Government in relation to the “notwithstanding” clauses, because we actually did this in 1926. The Act was used as an example in a case involving Collco in which the court said that if the statute is unambiguous, its provisions must be followed even if they are contrary to international law. It could not be clearer. The Finance Act 1955 again overrode the Ireland-UK tax treaty. In the Inland Revenue Commissioners v. Collco Dealings, Viscount Simonds said, “The company has no rights under any agreement. Its rights arise from the Act of Parliament, which confirmed the agreement and give it the force of law.”

Section 59 of the Finance Act 2008 excluded UK residents from benefiting from provisions in respect of profits from the trade etc. Then there is the coalition arrangement under the Taxation (International and Other Provisions) Act 2010 where, again, the position was made entirely clear in accordance with the precedents.

Indeed, it is not just the UK, or even a party in the UK, that has been doing this over a period of time in its economic and national interests. An example from 2020 is the European Central Bank’s bond-buying scheme. In May 2020, the German constitutional court sought to override EU law and the Court of Justice, suggesting that the ECB’s public sector purchase programme was unconstitutional. Then there are the bail-outs. Every one of the bail-outs from 2010 to 2015 could justifiably be described as in breach of article 125 of the Treaty on the Functioning of the European Union. I will not read out the details, but I shall give some examples: the first Greek bail-out in 2010; the Irish bail-out in 2010; the Portuguese bail-out, the second Greek bail-out; the Spanish bail-out; the Cypriot bail-out; and the third Greek bail-out in 2015. There are so many examples—whether in the UK, or in relation to other member states, or, indeed, in relation to the EU itself—that have demonstrated that, when it comes to the question of sovereignty and the ability to override treaties, this is done quite often as a matter of course. I am not saying that it is done generally. I am not saying that it happens every week or every day. What I am saying, however, is that it happens and that it happens for good reasons which are directly related to the arguments on sovereignty which I gave at the beginning, and it is not for the unelected House of Lords to tell us. That is why, in this Bill, they would not have been able to do so because of the issue of financial privilege.

I am bringing forward these amendments. I shall decide as we proceed whether I will press them to a vote. I will leave it at that for the moment, because I am more than fascinated to hear the usual Europhile utterings of the right hon. Member for Wolverhampton South East (Mr McFadden) who is about to speak.

Future Relationship with the EU

Jim Shannon Excerpts

Thursday 10th December 2020 Commons Chamber

[Penny Mordaunt]

Absolutely. As someone who has been very close to this whole process and sits on the Withdrawal Agreement Joint Committee, I can say that that is our prime effort. It is the focus of the Prime Minister, but he is, as my hon. Friend says, not prepared to compromise on those issues that would affect our ability to capitalise on our new-found freedoms. That is what, I think, the people of this country understand and expect.

[Jim Shannon (Strangford) (DUP)]

I, too, thank the Minister for her hard work and for her positive responses to the urgent question. Will she outline the steps that are being taken with regard to the beef, sheep and pork industries and the vegetable sector—particularly the potato sector—to secure tax-free, hassle-free and EU bureaucracy-free transport between Northern Ireland and the other nations of this great United Kingdom of Great Britain and Northern Ireland?

[Penny Mordaunt]

The hon. Gentleman will be aware of the very large amount of work that DEFRA and other parts of Government have undertaken to get the best possible outcome and smooth the path for businesses, whatever the destination of their products. I mentioned the announcement today of £400 million of new money from the Northern Ireland Office; that is obviously on top of the £650 million UK investment announced in August, to deliver the trader support service and our contribution to the PEACE PLUS programme.