Business of the House
John Hemming Excerpts(11 years, 9 months ago)
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Mr Lansley
I do not recall whether the hon. Gentleman was able to be at the recent oral questions on these matters, but, having listened to those oral questions, my recollection was that Ministers completely understood the issue. It is very simple: the rate of increase of housing benefit had become unsustainable and, at the same time, there has been a dramatic increase in the demand for social housing, as all Members of Parliament know. There is a real need to ensure that social housing is used as effectively as possible to meet housing need, and the combination of those circumstances means that there is every reason to have an incentive and, if necessary, a requirement for people not to under-occupy the housing that they live in.
John Hemming (Birmingham, Yardley) (LD)
As part of the Procedure Committee’s inquiry into the failure of the Department for Education to answer written questions, I have been hacking into the computer database that holds the records for the House as a whole. I have discovered that some Departments are very good at answering questions and that some are not. Looking at questions that were tabled in 2011 and had not been answered by yesterday, I find that the Department for Work and Pensions and the Department of Health had just one each, but the Ministry of Defence and the Ministry of Justice had 21 and 42 respectively. May we have a debate on why certain Departments are good at answering questions and others are not?
Mr Lansley
I am interested in what my hon. Friend says. We have discussed this matter across the Dispatch Box before. Modesty forbids me to reiterate the record of the Department of Health in answering questions. [Hon. Members: “Go on!”] Suffice it to say that it can be done. We did it in the Department that had the largest number of questions, so it is not simply a matter of high volume leading to difficulty in performance.
I welcome what the Procedure Committee is doing. The answer to my hon. Friend’s question is that when the Procedure Committee reports, there will be the usual opportunities for the Government to respond and, if it is sought, for the matter to be debated in the House.
General Matters
John Hemming Excerpts(12 years, 2 months ago)
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John Hemming (Birmingham, Yardley) (LD)
I am pleased, on behalf of the Backbench Business Committee, that this debate has been set up today.
Hillsborough is a cover-up that has failed, although it took a long time to fail. Sadly, there are too many cover-ups that continue to succeed. For example, David Southall’s experiments, where he made babies breathe lethal concentrations of carbon monoxide, were covered up by the investigator calling CO an “inert gas”. My constituent Michael Andrews has revealed how he has come under pressure to misreport statistics by my local hospital. The response of the hospital management has been to take action against the whistleblower.
There is a country where there are allegations that crimes by powerful people are not being investigated and prosecuted. A journalist has been refused entry to stop reporting about an issue. The chief of police has been suspended to stop him investigating crimes. Bloggers are being threatened to stop them talking about people. Decisions by the state not to prosecute cannot be challenged, nor is private prosecution allowed. The country is Jersey. The journalist is Leah McGrath Goodman, who is an American. The chief of police was Graham Power. Furthermore, Andrew Marolia, David Minty, David Wherry and Jonathan Sharrock Haworth have, with the assistance of the Jersey Government, obtained a super-injunction against ex-Senator Stuart Syvret—under the Data Protection Act of all things—to prevent from him saying things about them on his blog that are true. Mr Syvret has evidence that criminal offences are being swept under the carpet, but nothing is being done.
A lay judge—known as a jurat—called John le Breton has been allowed to sit as a jurat, even though he was vice-principal of Victoria college when he wrote to the governors in support of Andrew Jervis-Dykes, who ended up getting a jail sentence. Mr le Breton was appointed to judge on a case even though he is a personal friend of a director of the defendant—this is a defamation case where the local politician, Trevor Pitman, has been taking legal action against the local newspaper. The end result in Jersey is that part of these events has been struck from the state’s version of Hansard, and the culture of cover-up continues. Jersey is an independent country, but the UK Government have a responsibility for ensuring good governance in Jersey. The UK is not doing its job properly.
The UK is not as bad, but at times it has a good try. The situation in England and Wales is so bad that foreign countries are expressing concern about the abuse of human rights in the English courts. Over the weekend, there was a three-hour programme on Slovak television debating a case in England. In England, however, we are banned from discussing all the details of the case in the media. International conventions, such as The Hague convention and Brussels II bis, are predicated on the concept that each country can trust the legal system in each other country. As such, the country in which people are habitually resident determines the legal system that has jurisdiction. The existence of the Council of Europe and its European Court of Human Rights—it is not the European Union that deals with the ECHR—provides a body that can adjudicate on cases in the domestic courts. The Government of the Slovak Republic have publicly stated on the Slovak Justice Ministry website that they are willing to support their citizens in any case that reaches the Court. It is clear that the Slovak Government believe that there are a number of cases—not just one isolated case—where the human rights of their citizens are being undermined in England.
To my knowledge, this situation is unique. It does, however, raise the question of whether the human rights of UK citizens and others have been regularly and consistently abused in English and Welsh courts over a number of years. One recent Court of Appeal case involved a judge refusing permission to appeal because no evidence had been provided. The appellant had been given a deadline to provide that evidence by 4 pm on 23 September 2011, which they had met by submitting the evidence earlier that day, but the judge had looked at the case before that had happened. It is therefore not surprising that the judge had concluded that the evidence was not there. That was a clear procedural error by the court administration, but domestic proceedings have now been exhausted. The case also involved a citizen of another country. That country has not yet expressed its view on the matter.
A slightly worse problem is referred to in early-day motion 536. The family division of the Court of Appeal appears not to be correcting all the public family law cases that reach it and that it should correct. Clearly, if it were to correct more of the lower court’s decisions, questions would be asked about how well the system was working, but maintaining public confidence in the system is not a good enough reason to sweep problems under the carpet. Permission to appeal was granted in a case today, however, so that is not always the case.
The only objective analysis of psychological expert reports from Professor Jane Ireland found that around two thirds of the reports submitted to the family courts in care proceedings were either poor or very poor. However, that does not appear to be being picked up by the appellate system. My estimate, on a statistical basis, is that around 1,000 children are wrongfully adopted each year. One advantage of having foreign countries’ human rights commissions reviewing cases affecting their citizens is that we can try to get a better estimate of the total number of miscarriages of justice. It would be nice if our Equality and Human Rights Commission were willing to look at these issues as well.
Michael Mansfield has suggested that the country needs a “commission of truth” to discover cover-ups. My response, in part, is that we already have a body that can do more on this. That body is Parliament. Parliament needs to be willing—collectively, through a Committee—to consider a limited number of individual cases, to work out whether there is evidence of a cover-up. It would not take much use of the collective power of Parliament to identify where a cover-up had happened.
Over the years, our constitution has, to some extent, failed. That has created a situation in which matters that should be more widely considered are being left within the judicial estate of the constitution. That applies particularly to cases involving a lot of secrecy, in which people are prevented from discussing matters. I have already mentioned the fact that Slovak television had a three-hour debate on an issue whose details we are not allowed to discuss. There might be a report in the UK media today following today’s hearing, which, although anonymous, might give some guide as to what has been going on. In practice, enough material is available to enable a three-hour discussion on Slovak television, yet we in the UK are unable to debate the matter.
It is clear from my discussions about other cases that this involves not only the Slovak Republic and one other country; other nations are concerned about the matter as well. People are also leaving this country for these reasons. A Channel 4 report broadcast before the recess highlighted the fact that people were leaving this country because they felt they could not get a fair trial in the family courts in the UK. I follow such cases all around the world, and I will be happy to talk to colleagues about them if they are interested. Such cases demonstrate that the system is not working. However, I had some news today that makes me think that perhaps it might work better in future. These are complex systems.
From a scientific point of view, there has been a tendency to try to rely on unreliable opinion. I was a member of Birmingham city council for 18 years, and its deputy leader for a year, so I got quite used to the council’s operation. The Ministry of Justice believes that an assessment is the same, whether it is carried out by an employee of the council or by an independent assessor. I know, however, that councils are set targets. For example, Surrey county council has been working on its performance assessment figure C23 target to try to increase the number of adoptions from care. We know that the Prime Minister wishes to see more such adoptions taking place, and there is pressure on local government to increase their numbers. That tends to go down the management structure, and those people employed by the council are therefore subject to a conflict of interest. This is nothing new; it has been the case for over 12 years.
I think the Ministry of Justice is making a really big mistake when it considers in the family justice review that a report written by an employee of the council has equal merit to a report written by, say, an independent social worker. The advantage of having an independent social worker is that such a worker is genuinely independent. If a system is run on a cab-rank basis, some independent consideration of the issues is likely, which would not be the case if it was driven by the management structure of the local authority.
Anyone with any experience of local government will understand that biases and pressures are often placed on employees, and sometimes there are bullying management systems. The difficulty comes when judicial decisions are made that rely on that skewed information. As I say, this is nothing new; it has been going on for a long time. Hon. Members will be aware that I often bounce up and down about this issue. At least I now have some Government support—sadly, it is not from the UK Government, but from the Slovak Republic. I would prefer that the UK Government recognised what the Slovak Republic recognises, which is that there are very serious problems here.
I think this matter will go a lot further. Today’s hearing is very positive and things will develop from it. I am aware of the concerns of other east European Governments about exactly the same issue. They might decide to take a robust position in the same way as the Human Rights Commission did in the Slovak Republic. It is unclear whether any of these cases will get before the European Court of Human Rights so that we will see a representative from the UK Government arguing for the UK’s position and a representative from a foreign Government arguing from the alternative perspective. Obviously, if a matter is corrected in the Court of Appeal or in the Supreme Court, it will not get there, but it would be interesting to see how the European Court of Human Rights or the European Court of Justice, which I think has a similar jurisdiction for the purposes of EU members, dealt with this issue. This is a really big problem; there has been a really big cover-up, and it needs to be sorted out.
Tom Brake
As my hon. Friend said, other issues have had to be addressed. The Olympics and Paralympics are now over, but there are other matters to be considered, too. I hope that he will get some satisfaction on this question very soon, but it would not be appropriate for me to specify a time. This issue has been on the Government’s radar for many years, however, and we all want a swift resolution, especially for Mr McKinnon and his family.
My hon. Friend the Member for Colne Valley (Jason McCartney) talked about Butterley spillway. As I said, I would be pleased to know more about this issue, and the campaign group that has been established and put that grand staircase on the map. He outlined the actions that Yorkshire Water is taking in relation to the different options it is considering. He made some specific requests and it would be appropriate for the relevant Department to respond to those. Such requests included asking for full transparency of all documents. He also asked questions about whether or not the structure will remain listed, and they need a response.
My hon. Friend the Member for Birmingham, Yardley (John Hemming) has a reputation for campaigning on issues associated with family courts. He probably wanted to put on the record, and he certainly effectively did so, what he had to say about Jersey and its particular case. He rightly said that he bounces up and down to raise this issue frequently—
John Hemming
I congratulate my right hon. Friend on his new role, which gives him the challenge of answering this question: I understand from people I have spoken to after I made my speech that there have been protests today outside the British embassy in Bratislava about malpractice in the English family courts, so does he feel that it might perhaps be in the Government’s interest to drop their family justice review and support my Family Justice (Transparency, Accountability and Cost of Living) Bill?
Tom Brake
I thank my hon. Friend for that intervention. It would certainly be appropriate for the Government to respond to his suggestion, but it would also be totally inappropriate for me to agree to it at this time. He also suggested that a Committee should be set up to consider cover-ups. Again, I am not sure which Department would deal with those, but I am sure that it has noted that request.
My hon. Friend the Member for South Northamptonshire (Andrea Leadsom) talked about localism. Clearly there is total agreement in the coalition on some issues, and the need to promote localism is definitely one of them. Both parties identified the issue as something we wanted to address, given that the UK has become one of the most centralised countries in the western world. When raising the issue of wind farms, she highlighted the fact that there may be a conflict between localism, which we want to prioritise, and different agendas to which the Government are equally committed in ensuring that we are the greenest Government ever. She posed a number of questions that would be best answered by the Department for Communities and Local Government in writing. I am thinking, in particular, of the issues she raised about where the priorities lie between strategic plans, regional plans and neighbourhood plans, and what opportunities there are for local residents to have an input in that process and change the outcome.
The right hon. Member for Leicester East (Keith Vaz), who is no longer in his place, has been a consistent campaigner on violent video games. He will be aware that a new statutory system was introduced on 30 July, which will mean that a person who sells a game rated 12-plus to someone below that age will have committed a criminal offence and could be subject to a fine of £5,000. He made a point about prosecutions, and he may need a response about how many prosecutions there have been in respect of that subject. In an intervention, the hon. Member for North Swindon (Justin Tomlinson) rightly raised the role of parents in this matter, and I should put on the record the fact that the “Control. Collaborate. Create.” campaign has been launched. It includes the re-launch of the askaboutgames.com website, which is a resource to help parents better to understand what games are and whether they are appropriate for a given age group. The right hon. Gentleman asked a specific question about the Byron review and what has been implemented that might require a detailed response. Some aspects have been implemented, and the changes to the video games classification system followed its recommendations. A further response detailing the date for implementation of other aspects, if known, might also be helpful.
The hon. Member for Gloucester (Richard Graham) spoke about the Gloucester City Homes ALMO, which he described in glowing terms. I am sure that it is as effective as mine, the Sutton Housing Partnership. He quite rightly called for it to be able to access capital to ensure a decent capital investment programme to allow the affordable homes needed in his city to be built. We would all support that, in terms both of providing additional homes—there are few parts of the country where there is no pressure on affordable homes—and of creating the jobs that come with the building programme.
The hon. Member for Peterborough (Mr Jackson) spoke about air passenger duty, and I might not be able to satisfy him entirely. I agree that aviation is vital to the UK economy, but the Government undertook an extensive consultation on air passenger duty last year. We received 500 responses and we have published our response, including a summary of the views received. At this point, the Government have no plans to commission further research into the impact of air passenger duty, and although he is right that there has been a substantial increase of 8%, the increases for 2013-14 will be in line with RPI. If air passenger duty is cut as he suggests, its contribution to the Government’s deficit reduction programme will have to be compensated for somewhere else. He mentioned that people power has been very effective in the campaign and I am sure that not a single Member of Parliament or Minister is unaware of the campaign, given the volume of the representations that we receive.
The hon. Member for Cleethorpes (Martin Vickers), who explained that he could not stay to hear the wind-ups, rightly plugged his desire to see through-trains to King’s Cross as part of the franchising process, which has been effectively put on the record.
The hon. Member for Belfast East (Naomi Long) referred to the importance of ensuring that lending was going to small businesses in particular. Project Merlin was successful, and last year there was a 20% increase in lending and a 13% increase in SME lending compared with in 2010. As she said, we have moved on to a different arrangement with the funding for lending scheme. She made some very sensible points about the importance of ensuring monitoring at a Northern Ireland level so that it could be seen to be effective there, too, and some strong points about the definition of new lending, so that we know that it amounts to new lending. I am sure that her comments will be read closely by the Treasury, which might want to pick up on some of them.
The hon. Member for North Swindon talked about the national citizenship scheme in Swindon. I have a few notes on that, but I cannot tell him anything about it as he has been there five times, was there at the beginning and has watched it develop. The Government are committed to the scheme. Some 8,500 young people participated last year, 30,000 places are available this year and the Prime Minister has announced that a further 90,000 places will be available in 2014. It is the Government’s intention and our ambition, which he shares, to try to make this a universal scheme so that every single 16 and 17-year-old can participate. He also got in a good plug for Swindon college and its need for some clarity on when the money will be available. If more clarity can be given, I am sure that he will secure a written response.
My final point on the hon. Member’s contribution is that it was good to hear in this Chamber a positive story about young people, because too often all we hear are the bad stories, which give the wrong image and do not celebrate the excellent, hard-working, committed and intelligent young people across the country who are participating in schemes such as the one he described in Swindon.
Finally, my hon. Friend the Member for Witham (Priti Patel) touched on a range of issues, including planning conditions relating to a training ground being used by Colchester United football club, the importance of shopping streets, an appeal for Government support for Witham’s bid for infrastructure investment, bank lending to small businesses—something that was touched on earlier—and, in particular, the difficulties Amelia Rope is having in securing support for her business. Businesses such as hers, which have received a lot of publicity and are clearly doing well, are exactly the sort that we want to secure lending to ensure their expansion so that they can provide additional jobs.
My hon. Friend mentioned fuel poverty and the importance of ensuring that small businesses can switch tariffs. I was due to have a meeting earlier today with a charity called Make It Cheaper, which provides a free switching service for small businesses and charities. I cannot vouch for it, because I have not met it, but it might be able to deal with the problem she highlighted about encouraging small businesses, as we need to do with consumers, to shop around and take advantage of the best offers available.
My hon. Friend then referred to the Dartford river crossing. She might be aware that my hon. Friend the Member for Hemel Hempstead (Mike Penning), when still a Transport Minister, recently announced that the Department for Transport will carry out a full review of the local residents discount scheme to consider how it can be improved and how take-up can be increased so that residents benefit from the discounts available. The Government have clearly acknowledged the concern about congestion. She highlighted the fact that, although there is supposed to be a scheme in place to ensure that charges are suspended when congestion is particularly severe, the evidence indicates that there are very few occasions when it is invoked. Perhaps the Department needs to look at that more closely.
General Matters
John Hemming Excerpts(12 years, 4 months ago)
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John Hemming (Birmingham, Yardley) (LD)
Civil liberties are defined as
“the rights guaranteed to citizens or residents of a country or territory as a matter of fundamental law”,
and are often human rights. One of my concerns on the subject is how workable the UK’s system is for many people in this country, or for those who leave this country to get away from things here. Mental capacity is one of the areas of concern; often, if a person wishes to challenge a judgment that says that they are too stupid to instruct a solicitor, they will not find a solicitor who is willing to take an instruction. Also, they will not be able to get papers accepted by the law. I have cited a number of cases, and I am very concerned about the continuing lack of scrutiny of mental capacity law.
My early-day motion 334, which I will not read out, as everyone knows it so well, looks at the issue of court judgments. Obviously, a legal system needs court judgments, but we have a serious problem with delays in getting court judgments. If one cannot get the court judgment, one cannot explain to the appellate court what is wrong with the process.
The Republic of Ireland’s Refugee Act 1996—this is relevant—defines a refugee as
“a person who, owing to a well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his or her nationality”.
If people have a well-founded fear of persecution as a result of their political views, they are refugees. There are five or six people in the Republic of Ireland and one person in Namur in Belgium who have left the UK because of the way in which they were going to be treated by the judicial system and what was proposed by the family division. I have cited the case of Toni McLeod. I reported on her child protection conference papers and the fact that there were concerns that she had been involved with the English Defence League. The judgment stated:
“The first concern…related to the mother’s association with the English Defence League.”
The second concern was that
“the mother is someone who reacts adversely to criticism and advice from professionals.”
The third concern was that
“the mother demonstrated a lack of insight into her children’s emotional and social needs”,
partly because she had drawn her child’s attention
“to her campaign against the family justice system and her belief that social workers tell lies.”
We have a serious problem if the system proposes to take a new-born baby from someone because of that person’s political views. That is clearly a form of persecution: it has been done in the past and it is still going on today. There is a second case in Ireland—not in Cavan; oddly enough, four of these cases are in Cavan, which surprised me—in which someone was deemed a threat to his children because he expressed concern about the integrity of the system. Professor Jane Ireland, who undertook research on psychologists’ reports, showed that in the family courts—not the court of protection—of 124 reports, two thirds were either poor or very poor.
That raises concern in relation to the issue of mental capacity. People’s legal existence is removed because a psychologist says that they are too stupid to instruct a solicitor, or do not have the mental capacity to do so. There are many other things that need to be said about that.
I am lucky to have the opportunity to introduce a private Member’s Bill. Second Reading will take place on 26 October, and I shall explain why it is such a good Bill and can fix some of the problems in the system. Everyone knows about the process for such Bills: I need to consult the Government and see to what extent they respond to my concerns. Having discussed the matter quite widely, I hope to publish a draft of the Bill this week. The measure may be significantly different on Second Reading, because the Government may say that under no circumstances will they allow the measure through. There are difficulties, even though the legislature has secured greater independence from the Executive, in getting things through against strong Government opposition. I intend to send the measure to the Opposition, too, as well as other political parties to seek their views on these issues.
It may surprise Members that some parts of the measure are necessary, but it deals, first, with the right to report wrongdoing. The Health Professions Council still refuses to investigate allegations against psychologists —and we must remember that those psychologists can paint people as non-persons and make them into secret prisoners—so we must do something about that. Secondly, we should have academic scrutiny of the proceedings, so that we can check that they have intellectual integrity. At the moment, things operate in a vacuum without being peer reviewed and so on. There is not even a Daubert process.
Thirdly, and importantly, children in care do not have a voice. They are not listened to, and there is no proper remedy for them. When they leave care, they are often subject to discrimination, so I hope to propose in the Bill to improve the situation for children in care and after they have left care. I have only a few more seconds, so I shall not go into much more detail about the Bill, but I hope to publish it later this week. There are serious problems that need to be dealt with, and I hope to have hon. Members’ support in doing something about that on 26 October.
Electoral Registration and Administration Bill
John Hemming Excerpts(12 years, 4 months ago)
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Mr Heath
It does seem to be a much more complicated issue than I expected when I stood at the Dispatch Box. My understanding is that under the present arrangements parties can register more than one emblem, for example to demonstrate regional or national differences within a single party, so I do not think that that is a problem. That is my understanding, unless I have completely misunderstood the intention behind this. I will write to the hon. Gentleman to clarify that point.
The hon. Member for Caerphilly referred to other elections. This applies only to parliamentary elections because we have already made the necessary changes in secondary legislation to address the issue for most other elections that are affected by the change. We cannot do that for UK parliamentary elections without primary legislation, and that is why it is in the Bill today. It will complete the process, so that we no longer have that discrepancy. I hope that that satisfies the hon. Gentleman.
Question put and agreed to.
Clause 18 accordingly ordered to stand part of the Bill.
Clauses 19 to 21 ordered to stand part of the Bill.
New Clause 1
Personation
‘In section 60 of the Representation of the People Act 1983 (Personation) after subsection (2) insert—
“(2A) The Secretary of State shall introduce regulations by statutory instrument to facilitate actions by electoral registration officers, their agents and others, including candidates and their agents in elections, to—
(a) prevent, and
(b) detect personation.”.’. —(John Hemming.)
This Clause would enable action to be taken to prevent or deter personation.
Brought up, and read the First time.
John Hemming (Birmingham, Yardley) (LD)
I beg to move, That the clause be read a Second time.
The Chairman of Ways and Means (Mr Lindsay Hoyle)
With this it will be convenient to discuss new clause 2—Other voting offences—
‘In section 61 of the Representation of the People Act 1983 (Other voting offences) after subsection (6) insert—
“(6AA) The Secretary of State shall introduce regulations by statutory instruments to facilitate actions by electoral registration officers, their agents and others, including candidates and their agents in elections, to—
(a) prevent, and
(b) detect the offences listed in subsections (1) to (6).”.’.
This Clause would enable action to be taken to prevent or deter other voting offences.
John Hemming
First, I emphasise that all political parties have had members who are responsible for electoral fraud. In Birmingham it has tended to be the Labour party, but that is not to say that any one party is perfect or any one party is necessarily much worse than any other.
I have unusual experience as a Member of the House in that I have drafted election petitions. The best known is the one for Aston; less known is that for Sparkhill, which dealt with issues of personation. When it was passed to some lawyers, they missed the deadline for serving it, and it was never considered in court. So whereas in 2002 it might have been possible to have proven the scale of personation, it was not until the elections of 2004, when there were election petitions in Aston ward and Bordesley Green ward, that he looked substantially at postal vote fraud. To start with, most of the evidence came from the fact that the Labour candidates were found some time in the early morning on an industrial estate in Aston checking that there were three Labour votes on each of the 273 ballot papers because they did not trust each other to mark them with three Labour votes, it being a three-up election, thinking that the person with the most votes gets elected for four years. A number of the ballot papers in the then Springfield ward were cast with only one Labour vote if they were postal votes, so it was reasonable to assume that the Labour candidates could not necessarily trust each other and therefore their reasoning for sitting late in the morning to look at the ballot papers was justified.
In trying to deal with election fraud, the Bill tries to ensure that the people who are on the electoral roll should be there, and that is a good thing to do. What it does not do and where there is a big gap—although I intend this as a probing new clause—is to try to ensure that people cast their own vote. Historically, there has been a tendency at times for there to be a sort of informal proxy. This has gone on for decades; it is nothing massively new. People think that someone is away and somebody else goes to vote for them. That has also turned into other situations where parties cast votes intentionally for people that they do not expect to vote. We have one way of spotting that through tendered votes. For those people who do not know, if someone turns up at the polling station and is told that they have already voted—it could be that the wrong name was marked on the register—they can get a tendered vote, a pink ballot paper, which is put in an envelope, so that if there is an election petition it is possible to consider the tendered votes and see whether they would have made any difference to a narrow election result. The difficulty, as we have seen in Birmingham, is that vans of people can go from polling station to polling station casting a vote in each one. “Newsnight” found out some of the details of that.
Anyone who is interested in these issues must read the full judgment of Richard Mawrey, an electoral commissioner. He has done a number of election courts since, but he was the electoral commissioner who dealt with the Aston and Bordesley Green election petitions. We have to consider how to ensure that elections are honest. We cannot entirely rely on the apparatus of the state to do that. In his judgment at paragraph 150 he says:
“The reaction of the police”—
to the allegations of election fraud—
“can best be summed up by drawing attention to the code name they gave to the complaints of malpractice—Operation Gripe. This indicates better than anything else their view that the whole business was a complete waste of their time and that Mr Hemming and the other complainants were a tiresome nuisance.”
I may be a nuisance at times, but at paragraph 264 he said:
“As set out above, in the course of the campaign the Liberal Democrats asserted on several occasions that the Labour Party candidates and their supporters were cheating. Mr Hemming and his team made their complaints to the police and the police largely ignored them.”
Paragraph 265 says:
“Mr Hemming also complained to Mr Owen, to be told, politely but firmly (and certainly correctly), that the Elections Office could not intervene.”
There are issues there. The elections office has to handle the paperwork of the elections in a way that is seen to be fair. My particular concern at that election was that the 273 arrested ballot papers found their way to be counted, and, most importantly, I as leader of the Liberal Democrats and Mike Whitby as leader of the Conservatives at the time, were not told that 273 ballot papers had been arrested on an industrial estate and found their way into the count. So the idea that one casts a vote and it goes off to an industrial estate, the police arrest it after a little discussion and then take it in is quite strange.
Paragraph 707 says:
“But, when all that is said and done, Mr Hemming was right and his critics were wrong. He said that there was a massive, Birmingham-wide electoral fraud by the Labour Party and there was in fact massive Birmingham-wide electoral fraud by the Labour party. He may have played the part of Cassandra, but like Cassandra his prophecies were true. He emerges from the case with credit which is more than can be said for those police officers who treated his complaints as no more than Operation Gripe.”
But the most important part of the judgment from Richard Mawrey was paragraph 717, which says:
“The systems to deal with fraud are not working well. They are not working badly. The fact is that there are no systems to deal realistically with fraud and there never have been. Until there are, fraud will continue unabated.”
With personation, in theory it is possible to appoint polling agents who can stand in the polling station and potentially put the statutory question to people: “Are you such and such a person of such and such address?” If a woman comes in and says, “Yes, I’m Gordon Brown of such and such address,” the fact that that woman—unless she has changed her name by deed pool—is unlikely to be telling the truth is no good reason for the presiding officer not to give her a ballot paper.
Mr Greg Knight (East Yorkshire) (Con)
The hon. Gentleman makes an interesting case. Following the incident that he describes, have the police apologised for the way in which they behaved, and have they given any reassurance to him that in future they will treat complaints of electoral fraud seriously?
John Hemming
There was no apology. They did start going down a different route, but they then started prosecuting people for offences that were not offences. There was one case where they prosecuted someone for what they thought was postal vote fraud, but they made the mistake of not checking whether the votes were cast to work out whether there was a chance that there was postal vote fraud. Most people indulge in electoral fraud to get more votes and be elected, but if someone assists someone else in filling in the forms for a postal vote and the vote is not actually cast, one can assume that there is no offence. A person was prosecuted for that. There has been no apology for it.
I am more concerned about the fact that we are doing nothing to control personation. I want to draw a distinction between actions that enable the system as a whole to act to prevent personation and actions that enable political parties to do so. Issuing an election petition is very difficult. Again, it is worth reading the judgment. The prosecution in Birmingham took place in the Birmingham and Midland Institute, in a room that could accommodate possibly 300 people, and there were often 200 people there watching the election court’s proceedings. It was the best entertainment in town at the time, and many people who saw it would accept that as a fair description of the situation. Whatever processes are put in, there must be a facility that allows them to be transparent and enables the political parties to be involved in challenging them through an open and transparent judicial process in an election court.
At the same time, it is useful to have processes that allow the police to get involved. In Birmingham it was clear that 4,000 people’s votes were stolen in the Bordesley Green ward. There were three local election votes and one European parliamentary vote, so basically 16,000 votes were stolen. That involved threats to the postman, who was told, “We’ll give you £500 if you give us your box of postal votes or we’ll kill you.” It is an offer you cannot really refuse. One letter box was actually set on fire in an attempt to stop postal votes reaching the electoral office. There was a semi-riot involving 200 people, because obviously when this sort of thing goes on the tension goes beyond what we would normally have in rows about unparliamentary language and people start fighting in the street instead. Those are the sorts of issues that arise.
Sir Peter Bottomley
The hon. Gentleman’s new clause rightly suggests first deterring people and then being able to catch them and take action. False registration is clearly an issue, and obtaining postal votes when they are in transit is another. Has he considered whether powers are needed to be able to film each person delivering a vote in person, because there is either the postal vote personation or the voting-in-person personation?
John Hemming
I thank the hon. Gentleman for his intervention, but I would rather he had not made it, because I had intended to say that and now he has mentioned it first. I think that technology has facilitated recording in polling stations. Making that recording available would be the best sort of change, because it would not record which way people vote.
I had started to talk about the Greek situation, where transparent ballot boxes are used, which, in terms of transparency, are better than black boxes. In Cheetham Hill ward in Manchester in 2003 a ballot box went astray for about an hour and a half after the end of polling. Obviously that is a good opportunity for ballot box-stuffing, as people can put a few extra votes in the ballot box as they drive around Manchester. There are a number of advantages with the filming process. If someone is personating, we would see who it is, which in a sense is the better challenge.
Mr Kevan Jones
I am interested in the hon. Gentleman’s example, but surely if someone stuffs extra ballots into a ballot box the number of ballots in it would not tally with the number issued at the polling station.
John Hemming
What happens is that basically they mark off extra votes on the marked register, so it is not difficult.
Mr Jones
I am sorry, but that is not what they do; they mark off the marked register, but there is also the counter stub with the number on, which is then tallied with the number of votes issued. I think that what the hon. Gentleman suggests would be very difficult for someone to do unless they also had control of the book of ballot forms.
John Hemming
We have experience in Birmingham of identified presiding officers campaigning for the Labour party in the polling station. In Hodge Hill ward, for instance, the presiding officer was handing out poll cards to the Labour agent, which is a criminal offence, and I reported it to the chief executive at the time. In one polling station the poll cards were given to the Labour party. It cannot be assumed that just because people are presiding officers—I accept that there are two people there—they suddenly become perfect people who behave exactly as we would wish them to. If we had enough activists and we could put polling agents in each polling station for all the hours of the poll and monitor what was going on, that would not be such a problem.
Mr Jones
I find it remarkable that the hon. Gentleman opened his speech by saying that electoral fraud, of which I think there are a tiny number of cases, affects all parties, because he seems to be very partisan in using examples only from the Labour party. Is he really suggesting that polling agents and people who work in polling stations are involved in fraud, because in my opinion that is not the case? There is a danger in what he is suggesting, because if we put in agents from some parties they could intimidate the polling clerks.
John Hemming
Under election law, putting in polling agents is already allowed; that is not a change to the law.
John Hemming
I have two little points to make on that. First, I said that all parties have people who are responsible for election fraud but in Birmingham we have tended to find problems with the Labour party, so I am tending to talk about the Labour party. Secondly, with regard to polling agents, that is the current law. If the hon. Gentleman does not know the current law, that is life. The current law allows people to appoint both counting agents and polling agents. Most people do not appoint polling agents but in Birmingham, because of the large amount of personation that tends to go on, we appoint polling agents in some wards when we can manage it. I have sent to the presiding officer, with evidence, examples of presiding agents who attempted to persuade people to vote for the Labour party in the Soho ward in Birmingham. There would have been other election petitions in 2004 on the basis of those particular issues had it not been for the fact that running one election petition is a major challenge and running two would be a bigger challenge, so much so that we had legal assistance on the second one.
Wayne David
The hon. Gentleman has made some accusations, admittedly only in passing, but they are quite serious and he has stated them as though they are fact. If he has serious allegations, he really ought to produce the evidence to the police, rather than relying on parliamentary privilege in this House.
John Hemming
I did provide that information to the police in 2004, and they had an operation called Operation Gripe, in which they basically did nothing. We have now moved on. We are eight years down the track. I do not think that it would be reasonable to prosecute people for things they did eight years ago. Let me quote again from the judgment:
“The reaction of the police can be best summed up by drawing attention to the code name they gave to complaints of malpractice—Operation Gripe. This indicated better than anything else their view that the whole business was a complete waste of time and that Mr Hemming and the other complainants were a tiresome nuisance.”
I gave all the evidence to the police, who piled it in a box, called it Operation Gripe and did nothing. At the same time, we have to be realistic. We have moved on eight years and I am not going to spend all my time trying to get a particular woman prosecuted for handing poll cards to the Labour party. What I said to the returning officer, the chief executive of the council, was that I wanted her to stop doing it, not get her imprisoned. There are questions about the objectives. My objective in the campaigning I have done on election fraud over a number of years is to stop it. To do that, we must have systems to monitor and detect things. That is where these particular probing amendments come in. They would give the Government a facility to make changes. I happen to think that the proposal for video recording in the polling station would be one of the best solutions.
Chris Ruane
What estimate has the hon. Gentleman made of the cost of kitting out every polling station in the UK with such video evidence?
John Hemming
What value does the hon. Gentleman place on integrity in electoral processes? That is the real question. One of these new video camera thingies, such as a mobile phone, would cost about £100 per polling station, and if we do not necessarily introduce them throughout the country, the question is, what value do we place on integrity in election processes? To me, the integrity of an election is absolutely critical.
Chris Ruane
The hon. Gentleman is absolutely right about integrity, but within that, and in hard times, we have to weigh two things in the balance: integrity and cost. So what assessment has he made of the incidence of such electoral fraud—personation or whatever? Would it be worth paying out £100 for every polling station in the UK, or would some of that money be better spent on installing disabled access, which is a far bigger problem?
John Hemming
Somewhere in the judgment, Members will find that I made about 50 complaints to the police in 2004 in Birmingham. As I have said, things have moved on, and some progress has been made on dealing with election fraud.
One issue was the large amount of postal vote fraud, and we proved that a small number of people had forged all the witness statements, but since then witness statements have been abolished so we can no longer prove whether any are forged. So changes have been made, but not all have necessarily been good changes.
Chris Ruane
The hon. Gentleman says that things have moved on in eight years. Does he have the statistics for the number of cases of electoral fraud and personation last year and this year? Is it a current problem, or would we be spending £100 on every polling station to resolve problems that existed eight years ago but do not exist today?
John Hemming
Paragraph 717 of Richard Mawrey’s judgment states:
“The systems to deal with fraud are not working well. They are not working badly. The fact is that there are no systems to deal realistically with fraud and there never have been.”
In paragraph 714, which I did not read out earlier, Mawrey states:
“In this judgment I have set out at length what has clearly been shown to be the weakness of the current law relating to postal votes. As some parts of this judgment may be seen as critical of the Government, I wish to make it clear that the responsibility for the present unsatisfactory situation must be shared. All political parties welcomed and supported postal voting on demand. Until very recently, none has treated electoral fraud as representing a problem. Apart from the Electoral Commission, whose role I have described above, the only voices raised against the laxity of the system have been in the media, in particular The Times newspaper, and the tendency of politicians of all Parties has been to dismiss these warnings as scaremongering.”
So there we go: personation is still going on.
In South Yardley ward this year, for instance, we put in a little bit of effort after the election and uncovered personation, but one difficulty is that when people are asked, “Did you vote?” they all tend to say yes—whether they did or not. There is a record of people who voted in 2012 but not in 2011, and when they are asked, “Do you remember whether you voted in 2011 or 2012?” they tend to say, “We voted both times,” when in fact we know that they did not vote in 2011.
We did, however, find a small number of personated votes in South Yardley ward—not enough to affect the result, but the point is that we found some. There are difficulties in dealing with things retrospectively, however, and that brings us to the point about new clause 1, which is about facilitating change. Emotionally, I like what some democracies have, which is orange or purple dye on the finger.
Geoffrey Clifton-Brown (The Cotswolds) (Con)
Has the hon. Gentleman thought that his suggestion of installing a camera in every polling station might create a whole new raft of electoral fraud—namely, one party making a spurious complaint against a known supporter of another party in order to deter that party’s voters from voting later on or in another election?
John Hemming
First, I do not think that that is true; and, secondly, the new clause is not necessarily the best way to deal with the issue, because it is an important one that needs consideration in primary legislation. Experiments—pilot schemes—might be undertaken to see how the proposal worked in certain areas, but it is an important issue that in primary legislation would attract far more Members than are currently in the Chamber to look at it. So we cannot say now what the exact solution would be, but at the moment Richard Mawrey is still right: there is no system for controlling personation.
A voter does not need their polling card, so they can turn up and say, “My name is X, of this address, please give me a ballot paper,” and the officials are under a duty to do so. Interestingly, during the 2010 general election I had in Birmingham observers from Kenya and Bangladesh, and, after I took them round and showed them how it all worked, they were quite surprised at how easy it was to defraud the system.
To return to the point I was about to make before the previous intervention—that is no criticism of the intervention—I am emotionally attracted to the practice in some countries of putting purple dye on a finger.
Chris Ruane
If we were to adopt the hon. Gentleman’s policy of putting an extra 60,000 CCTV cameras in polling stations throughout the country, how would that fit with his party’s view that there are too many such cameras already? An extra 60,000? Surely that would be Big Brother.
John Hemming
The question we have to ask is whether the use of something is proportionate, because in my constituency I supported the use of closed circuit television cameras, for instance, in the Yew Tree shopping centre, where they provide a useful function in an area with a history of crime. Sadly, there has been a history of crime in certain polling stations too, and, although I am not saying that we should put cameras all over the place, I think there is an argument for them as an option.
Chris Ruane
What criteria would the hon. Gentleman use for placing those—[Interruption.] The Parliamentary Secretary, Office of the Leader of the House of Commons, the hon. Member for Somerton and Frome (Mr Heath) sniggers, but this is a serious issue. What criteria would the hon. Member for Birmingham, Yardley (John Hemming) use for placing those extra 60,000 CCTV cameras across the nation? Would he do so if there had been previous electoral fraud or personation in an area, or if a certain socio-economic group or ethnic group had been involved? If he had a plan of the UK, where would he plonk those cameras?
John Hemming
Any decision would be better driven by the requests of the political parties. If they were willing to fund the measure so that it did not affect the deficit, they could place a camera to record what was going on and make sure that people were not being intimidated in the polling station.
There have been serious problems with people being bullied by their families in what is supposed to be a secret ballot. That is not supposed to happen, but it happens at the polling station as well.
Chris Ruane
Would political parties decide where the cameras went throughout the nation? If there were 60,000 of them, would there be 20,000 for Labour, 20,000 for the Tories and 20,000 for the Lib Dems, or would there be some kind of proportional representation for the allocation of CCTV cameras? Will the hon. Gentleman clarify that point?
John Hemming
One point about the new clause is that it does not try to be explicit about how we might deal with a specific problem; it would allow a discussion to take place. I am very pleased to have the hon. Gentleman’s interventions, however, as we look creatively at how we can deal with an issue to which, effectively, a blind eye has been turned for more than a century. When political parties had larger memberships it was easier to arrange polling agents all over the place; it has become harder as political party activity and social capital has gone down. So the hon. Gentleman might make that proposal, but what is important is that something should happen.
Chris Ruane
I was not making that proposal; I was asking the hon. Gentleman whether he agreed with it and was proposing it.
John Hemming
I am proposing, believe it or not, new clause 1, which would facilitate secondary legislation to deal with the matter. I accept the point that the issue is so important that it should be dealt with in primary legislation, but it would be nice to see the Electoral Commission showing some interest in pilot schemes to deal with these issues. Personation is well known in many areas of the country, and the noble Lord Greaves has highlighted cases in his area.
Wayne David
Listening to the hon. Gentleman, I have a novel suggestion: might it not be a good idea, first, to have ID cards?
John Hemming
We do not need an ID card to have some way of checking an identity. I would not go for the fingerprint solution; I think the video camera is—[Interruption.] The reason I like the idea of colour on the finger is that it would be a badge of honour. People who had done their civic duty and cast a vote could say to those who had not, “I’m one up on you—I’ve been out to vote.” I always say to people that others have fought for the ballot and that even if they spoil the ballot paper, they should cast their vote. I also explain to them that if something sufficiently rude is written on the ballot paper the agents and candidates often get to see it, so it is a way of getting a message across, whereas sitting at home and not casting a vote does not have an effect, and those who do not cast votes tend to be ignored. People should be aware of that.
The Chairman of Ways and Means (Mr Lindsay Hoyle)
In fairness, Mr Hemming, you have taken a lot of interventions, and we have to deal with other new clauses after this. You have already been speaking for 30 minutes, and I think you are in danger of being drawn into something you do not want to be drawn into. It may be helpful if you are not drawn into it, and I am sure that you are now coming to the end of your speech.
John Hemming
Paragraph 717 of the Mawrey judgment, which I quoted earlier, deals with the hon. Gentleman’s point. These are probing amendments. However, we do need systems to detect and prevent personation, and according to Mr Justice Mawrey, we do not have them.
Mr Kevan Jones
This has been a fascinating debate. In my view, one of the weaknesses of the new clause is that it calls for action but does not outline what should happen.
I agree with my hon. Friend the Member for Vale of Clwyd (Chris Ruane) that the number of cases of fraud in this country is small. Overall, we have a very good electoral system. In the Electoral Commission’s report after its voting pilots of the early 2000s, it found that the incidence of fraud was quite small, but, as we know, concentrated in certain communities, whether Asian communities in big cities such as Birmingham, which the hon. Member for Birmingham, Yardley (John Hemming) represents, or those in other areas such as Bradford and Tower Hamlets, where the Liberal Democrats do not have a fantastic record. We must therefore be careful not to get this out of proportion.
I am worried about some of the hon. Gentleman’s suggested measures to detect fraud, which would be completely out of proportion to the problem that is being addressed. Having seen his performances in this House over the past few years, I am not surprised that the police chose the name Operation Gripe. Making scattergun accusations such as those he made today is not very helpful, either to the police or to the real debate about electoral fraud.
The hon. Gentleman proposes to extend these measures to candidates and polling agents. In Durham, political parties do appoint polling agents, but their role is very clearly defined. They cannot interfere with the issuing of ballot papers. They can ask people for their numbers, but many, rightly, do not give them. They may be asked for the number of people who have voted, and will be happy to give that. If polling agents were able to sit over the polling clerks, as he suggests, that would be wrong because it might intimidate them. The polling clerks I have dealt with in the many elections in which I have been either an agent or a candidate are very professional individuals. If the hon. Gentleman has evidence of a polling clerk issuing ballot papers incorrectly, then he must provide it. He should not throw it out in such a casual manner as he has today. I would be very uncomfortable with polling agents taking on the role that he suggests in sitting over the clerks when they are doing their job.
I accept that the hon. Gentleman’s community is very different from the one that I represent, but I find it strange that voters take other people into the polling station to vote. In my experience of the elections in which I have been an agent or a candidate, if someone arrives who is infirm or needs assistance, the polling clerk will take them into the voting booth to assist in pointing out the names of the candidates. I have never known polling clerks allow a relative, or a candidate or representative of a political party, to go with somebody into the voting booth. The message is the quality and rigour of the polling clerks, who, in my experience, are professional individuals who know what the rules are.
In Durham, when polling clerks take numbers at polling stations, it is made clear that they must sit way outside the balloting area—if it is a school, usually in a corridor; if it is a community hall, usually outside—so that they cannot in any way interfere with the process. I have sometimes taken infirm people to vote. The usual procedure is to take them to the door and indicate to the clerk, who will take over from there so that we do not get involved in the process.
As my hon. Friend the Member for Vale of Clwyd said, the hon. Gentleman is doing us a disservice in perpetuating the myth that electoral fraud is a huge problem in general, because it is not. I accept that it is a huge problem in certain areas, and the people involved should be dealt with properly.
I find it strange that a Liberal Democrat has such a schizophrenic attitude towards CCTV given that the Liberal Democrats pride themselves on saying that CCTV is against civil liberties. I would not want any recording device in polling stations, because the ballot is private. No matter how many assurances people were given, they would fear that a CCTV camera was recording or indicating which way they had voted.
John Hemming
As I said, I think that it creates an emotional attachment, but I do not think that it is a good solution.
Mr Jones
Having known my hon. Friend for many years, I know his sense of humour and will take his comment in that spirit. I certainly would not support electors having to have their fingers, noses or any other part of their anatomy dipped to show that they had voted.
I think that robust training for polling clerks is important. The safeguards are already there. The hon. Member for Worthing West (Sir Peter Bottomley) spoke about police officers at polling stations. That is a good idea where there are problems. If there are problems in certain wards, as hon. Members think there are, the Bill allows for community support officers to take that role. That is a good move because it will free up police resources. The mechanisms are there to ensure that the ballot is run fairly.
The hon. Member for Birmingham, Yardley made the accusation that somebody was giving out polling cards to the Labour party. His speech was interesting in that he said that the problem affects all parties, but did not name one case that involved his party, when we know that the Liberal Democrats have been at this on an industrial scale in parts of the country. If he has evidence of polling cards being given out, he should report it. The only problem comes if he bombards the police with 50-odd minor complaints. In that case, even I would consider him an irritant.
Mr Jones
I am not being funny, but if somebody turns themselves into a serial complainer, I can understand why an authority would start to ignore some of the complaints. The hon. Gentleman would be better off concentrating on specific cases on which he has hard evidence, rather than throwing complaints around like confetti, which is not helpful.
The other thing that will help the process is individual registration, which will ensure that the register is as up-to-date as possible. I reiterate that elections in this country are largely run fairly and correctly. We should keep reinforcing that message. When we had the pilots for all-postal and e-mail voting elections in the early 2000s, the report from the Electoral Commission was very positive. A council by-election in my area achieved a 67% turnout. If the number of votes cast is increased, the effect of minor fraud is diminished, so getting turnout up is important.
I accept that the constituency that the hon. Member for Birmingham, Yardley represents is very different from mine, and that there are communities that engage in electoral fraud. The effort should be made in those places, rather than there being a scatter-gun approach. I therefore see no reason for the new clauses. They are quite weak, because they do not prescribe what the action would be. They are not well thought out.
Finally, we should praise the many local returning officers and council chief executives who work very hard and are scrupulous in running elections.
John Hemming
I am sorry that the hon. Member for North Durham (Mr Jones) is not here to hear the answers to his points. First, he confused tellers and polling agents. Secondly, it is wrong to say that this is a one-community issue. It might be limited to certain areas of the country, but it is not an issue for just one community, and I resent his assertion otherwise. There is clear evidence that it goes wider than one community, and in Birmingham, as I said, it has gone on for 100 years, which shows that it is not confined to one community.
The issue is one of evidence. At the moment, if somebody’s vote is stolen through personation, there is no evidence of who did it and nothing for the police to investigate, hence there is a hole. I agree with the hon. Member for Worthing West (Sir Peter Bottomley) and disagree with the Deputy Leader of the House about cameras. They would not cause a problem, because simply identifying who picks up a ballot paper does not track which way they cast it. I agree with him, however, that it would be better to withdraw the new clause and for there to be a continuing discussion. It is important that we do not forget about this issue, because it does go on, and as it currently stands there is no system to pick it up. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 3
Representation of the People Act 1985 (Amendment)
‘(1) The Representation of the People Act 1985 is amended as follows.
(2) In section 1 (Extension of parliamentary franchise) omit subsections (3)(c) and (4)(a).
(3) In section 3 (Extension of franchise for European Parliamentary elections) omit subsections (3)(c) and (4)(a).’. —(Geoffrey Clifton-Brown.)
Currently, British citizens can qualify as overseas electors only if they have been resident in the United Kingdom within the previous 15 years. This also applies to Members of the House of Lords for European Parliamentary elections. This amendment would remove this qualifying period, so that British citizens could qualify as overseas electors even if they had ceased to be resident in the United Kingdom more than 15 years before.
Brought up, and read the First time.
Geoffrey Clifton-Brown (The Cotswolds) (Con)
I beg to move, That the clause be read a Second time.
Privilege
John Hemming Excerpts(12 years, 6 months ago)
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John Hemming (Birmingham, Yardley) (LD)
Does the hon. Lady accept that such comments given to Committees are subject to article 9 of the Bill of Rights and therefore cannot be questioned by the courts, and so that situation probably does not apply?
Dr Coffey
I am not a lawyer; I stand here as a parliamentarian who passes law. In response to the points raised by my hon. Friend the Member for Birmingham, Yardley (John Hemming) and the hon. Member for Cardiff West (Kevin Brennan), my understanding is that any information given as evidence during parliamentary sittings cannot necessarily be used in a court of law. That is part of the basis of parliamentary privilege.
John Hemming (Birmingham, Yardley) (LD)
We are elected here to represent our constituents, and the privileges of Parliament are their privileges. One of those privileges is their right to talk to us even if people bully them; the other is to get answers. If we do not act when people lie to Parliament, we are failing our constituents.
I agree with pretty well everything that the hon. Member for Rhondda (Chris Bryant) said. We need to take a particularly robust approach to this. Contempt of Parliament is a very detailed matter; a barrister, Kieron Wood, wrote a book about it recently. I gave a copy to the Library, so any hon. Member can take it out and read the details of what has happened in the past. It is important that we operate robustly to protect the rights of our constituents to have us act on their behalf to find out what is going on.
As the hon. Member for Rhondda said, if we had been more robust at an earlier stage, perhaps all this would have happened at an earlier stage. We need a separate jurisdiction. There are questions about how the police have behaved in respect of this situation, so simply passing the matter over to them is an inadequate response. If, as some people have suggested, there has been an issue with the activities of the Crown Prosecution Service, then we need a separate jurisdiction for that. I have concerns about people being banned from court proceedings, even criminal court proceedings, as has happened recently. At the end of court proceedings, Parliament must have the chance to find answers and to explain to citizens what is going on. In the interests of our constituents, and so that we can stand up and protect democracy, we must take robust action.
Backbench Business Committee
John Hemming Excerpts(12 years, 8 months ago)
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Mr Heath
The hon. Gentleman says that I have singularly failed to answer the question, but I have answered it several times; he simply does not like the answer I have given. There is a subtle distinction between not answering and others not accepting the answer. As I have said, the answer is that this is the opportunity we have before the elections.
The Procedure Committee will not report before the elections are due, and I do not want to put any further pressure on it to complete its report in a hurry, because these are very important matters on which we want the full benefit of its advice. It is no good crying after the event if it proves that we have made an error in our election of Members to the Backbench Business Committee. That is why the House has been given the opportunity today to consider whether it wants to make the changes that I have suggested.
The motion achieves that—
John Hemming
On that point, the problem so far in getting Procedure Committee debates on to the Floor of the House has been the Government allocating time for the Backbench Business Committee so that the Committee can allocate time to debate a Procedure Committee report. If the Government were to promise to allocate time immediately to debate a Procedure Committee report, there would be no difficulty in getting that through in time for the elections.
Mr Heath
There is one small difficulty with that, which is that the Backbench Business Committee is precluded from putting forward time for amendments to its own constitution. That is why it has to be a matter for the Government, and why we are providing time today, and would provide time in future, to consider the results of the Procedure Committee report.
The motion achieves what I have been describing by a simple endorsement of the principle that parties should elect members of the Backbench Business Committee each Session, and thereafter when a vacancy arises, in a secret ballot of all Members from that party by whichever transparent and democratic method they choose, following the same approach as that agreed for other Select Committees on 4 March 2010. In consequence, we are, if the House agrees, removing the provisions in Standing Orders for elections of members of the Committee other than the Chair. The amendments in the name of the hon. Member for Wellingborough (Mr Bone) and others would remove the provisions whose purpose I have described and retain the current arrangements. Given what I have said, it will be no surprise that I will not support those amendments, but it is open to the House to do so if it wishes.
The second element of the motion relates to the Chair of the Committee, and I have already indicated why I believe that it introduces a beneficial change. The Government believe that it would not be appropriate for a Member from the governing party, or parties, to be nominated for the Chair of the Backbench Business Committee, because that might give rise to the Government’s appearing to seek to influence a key position in the House in an improper way. Having an Opposition Member chairing the Backbench Business Committee headlines the Committee’s independence not only from the business managers—of whom I am one, on behalf of the Government—but the influence of the Government party generally. My right hon. Friend the Member for Saffron Walden (Sir Alan Haselhurst) stood for the post of Chair in 2010, when the hon. Member for North East Derbyshire (Natascha Engel) was elected, and his wisdom and experience have subsequently been deployed in his service as Chair of the Administration Committee. However, conventions evolve over time, and we think the time is now right to recognise that the Chair should be held by an Opposition Member.
At the same time, we are taking the opportunity to remedy an anomaly in the Standing Order that was identified by my hon. Friend the Member for East Dunbartonshire (Jo Swinson) and referred to by the hon. Member for Perth and North Perthshire during the debate on 15 June 2010—namely, that at present no Member can be nominated for the Chair unless he or she belongs to a party with at least 11 Members of this House. I acknowledged on that occasion that my hon. Friend and the hon. Gentleman had identified a possible defect in the Standing Order that needed to be considered, and I am pleased to move this motion to remedy it—[Interruption]—despite the protestations of the hon. Gentleman who, it seems, is never satisfied. We propose to replace it with a provision that requires cross-party support of comparable strength but allows Members from minority parties to stand for Chair of the Committee.
Finally, the motion makes provision for hon. Members from parties not represented on the Backbench Business Committee to participate in its work. The motion allows the Committee to invite an hon. Member who does not belong to a party represented on it to participate in its proceedings, including deliberative sessions, but not to vote. It would be for the Committee to decide whether to invite one hon. Member for a Session or a shorter period or to invite different hon. Members to different meetings. [Interruption.] The Government believe that this effectively addresses minority party concerns—although clearly, according to the hon. Member for Perth and North Perthshire, it does not—in a manner consistent with the principle that the composition of the Committee should reflect the party composition of the House. The hon. Gentleman protests from a sedentary position that it does not reflect it because he wants full membership of the Committee, but that is not the way in which this House has determined its membership of Select Committees, whereby such membership reflects the composition of the House as a whole. It seems to me that that principle of proportionality is something that the House would wish to maintain, because otherwise it becomes open to the House to distort the composition of the House as represented in the membership of its Select Committees, and I am not sure that the Backbench Business Committee should be separate from that consideration.
We made it clear in our response to the Procedure Committee, which was published last month, that we do not agree with the proposal for full membership for a minority party Member. Our proposal allows for the participation of hon. Members from different parties, as and when the Backbench Business Committee considers it appropriate, whereas the amendments would provide for only a single hon. Member to participate. That is why we oppose the amendments tabled by the hon. Member for North East Derbyshire and others.
The amendments tabled by my hon. Friend the Member for Birmingham, Yardley (John Hemming) would apply the principle of whole-House elections to the election of a minority party Member. That is instructive about the conduct of this whole debate. Were the amendments tabled by the hon. Member for North East Derbyshire and the amendments to them tabled by my hon. Friend the Member for Birmingham, Yardley successful, the larger parties in the House would determine not only which Member from the minority parties would appear on the Committee, but which party would be represented. That would put the larger parties in the inappropriate position of deciding whether it should be a Member from the Democratic Unionist party, the Scottish National party or Plaid Cymru who was selected for the position. That amply demonstrates what is wrong with the current system of elections.
In conclusion, the motion will change the elections for the membership of the Backbench Business Committee and how Members participate in its work in a way that enables the Committee to continue to work effectively. It will make those changes at the right time—in fact, the only possible time—before the membership is settled in the next Session. The motion will facilitate the Committee’s effective operation in the future and I commend it to the House.
John Hemming (Birmingham, Yardley) (LD)
I am a glutton for punishment, because as well as being a member of the Regulatory Reform Committee and the Joint Committee on Statutory Instruments, I serve on the Backbench Business Committee and the Procedure Committee, so I follow the deliberations on these matters through the entire process.
I agree with the hon. Member for Perth and North Perthshire (Pete Wishart) that the BBC should be a Committee of, as it were, the whole House. The Member who communicates with the minority parties should be a full Committee member and be elected by the whole House. I drafted a couple of technical amendments that would have ensured that the election for Committee members of the minority parties would have been the same as the election for those of the other parties, so that all are elected by the whole House. One reason for suggesting that is that not all political issues are party political.
Essentially, the Government and Opposition Front-Bench teams are trying to shift the balance of power back towards the Executive. Let us consider the elections at the start of this Session. I was uncontested as the Liberal Democrat representative, and the four Conservatives were also uncontested. There were three candidates to be the two Labour representatives, but there have not been any by-elections since. We could therefore argue that the proposal under discussion may not make any difference. In practice, however, it is still moving away from the recommendations of the Wright report, which state that Parliament should operate as a Parliament, and not do everything divided along party lines. We need representatives from the parties to make sure that systems of communication are in place and that Members know that there is somebody they can talk to.
Dr McCrea
Will the hon. Gentleman acknowledge the following fact: every other region of the United Kingdom can be represented—there can be a member from Wales, a member from England, a member from Scotland—but none of the three major parties have representatives from Northern Ireland? Who will speak with authority for the people of Northern Ireland?
John Hemming
That is why I think it is important to have somebody from the minority parties elected by the whole House as a full member of the Committee. There has been one vote on one issue, and the rest of the decisions have, in effect, been made by consensus. In a House business committee, there would, obviously, have to be a Government majority. In this case, however, there is clearly no need to add an extra Member of the Government parties when adding a full Member communicating with the minority parties.
My point is that the idea of having a BBC representing the Back Benchers of the whole House and elected by the whole House has worked very well and should not be changed.
Ministerial Statements
John Hemming Excerpts(12 years, 11 months ago)
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John Hemming (Birmingham, Yardley) (LD)
I sit on the Procedure Committee and the Backbench Business Committee, so I have looked at this issue for some time. It is a question of the separation of the estates of the constitution. Previously, if an hon. Member’s written question was not answered, their best option was to make a freedom of information request. That was changed in the previous Parliament, and there is now a process for investigating why written questions are not answered by Ministers. We now have a system whereby, in the interests of improving governance and scrutiny and ensuring that what is done for this country is in its best interests, new Government policy on substantial issues is, as a general principle, announced first to the House.
The motion does not try to produce a detailed protocol. In the previous Parliament, a written statement would be made on, for example, the banking crisis, a regulatory news announcement would be made in the morning and an oral statement would be made during the day. That achieved a process of accountability—the Regulatory News Service was used so that all the financial market matters were dealt with and an oral statement was made, enabling Members to hold Ministers to account—and I do not think that anyone would say that there was anything wrong with it.
In deciding whether to support the motion, we must ask whether we should leave things as they stand so that, if Ministers take no notice of the ministerial code and make no effort to ensure that information is given first to Parliament and there is no investigation—a point of order can be raised but nothing further happens —or whether we should we have a process whereby we will not tolerate Ministers doing that. I accept that the Government do not like it because it is inconvenient for them, in the same way as answering questions can be, but in the long term, for the Government parties to be re-elected, we need good government, meaning we—
Mr Deputy Speaker (Mr Nigel Evans)
Order. The hon. Gentleman appears to be crossing the Floor. I would be extremely grateful if he clarified his position.
John Hemming
I apologise for my foot fault, Mr Deputy Speaker. I must apologise for my foot faults on previous occasions, which were not raised with me. I am sorry, but I was unaware that I was breaking protocol, and without being corrected I did not know that I needed to stand a sufficient distance to be two sword lengths from the other side and to toe the line, which I am now doing. That makes my point, because the motion simply states that Ministers should toe the line, which is why hon. Members should back it.
Procedure Committee Reports
John Hemming Excerpts(13 years, 1 month ago)
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John Hemming (Birmingham, Yardley) (LD)
The amendment has been badly drafted, but there is another aspect to it. Currently Members have to sit in the corridor to use laptops; if the amendment is passed, they will have to stay in the corridor and will not be allowed in the Committee Room. Does my right hon. Friend agree?
Mr Knight
I do indeed. I am against the amendment for reasons of consistency. If Members can send messages between themselves by paper, they should be allowed to do so with electronic devices. Indeed, if a member of a Committee wishes to pass a message to a member on the other side of the room, it might be less disruptive to use an electronic device, rather than leaving his or her chair, because sending a paper message would mean going to the side of the room. As for enforcing the rules, it would be difficult for the Chair to determine during proceedings whether a Member was using an electronic device to send or receive urgent messages. Who is to determine whether the messages that I view are urgent? Surely that is a matter for me to determine, not the Chair. The Chair would therefore be expected to rule on what is an urgent message.
John Hemming
Is not the real challenge for anyone receiving a message to know whether it is urgent before they have received it?
Business of the House
John Hemming Excerpts(13 years, 5 months ago)
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Sir George Young
I reject the hon. Gentleman’s assertion that we have targeted the most vulnerable. On the contrary, we have allocated an extra £2 billion for social care through the NHS and local government that is aimed precisely at the sorts of cases to which he refers.
John Hemming (Birmingham, Yardley) (LD)
Further to the question asked by the hon. Member for Battersea (Jane Ellison), it is inevitable that the Backbench Business Committee cannot satisfy everyone’s concerns about time. However, members of the Procedure Committee are worried that whereas the time that was available to debate its reports used to come out of Government time, it now comes out of Back-Bench time. What proposals do the Government have to introduce a House business committee that will allow all these things to be balanced in an accountable manner?
Sir George Young
The Wright Committee proposed that we should have a House business committee. Although that proposition was rejected by the outgoing Labour Government, we have accepted it and said that within the first three years of the Government, we will move towards a House business committee that will merge the responsibilities of the Backbench Business Committee and of the Leader of the House for deciding the future conduct of business.
Business of the House
John Hemming Excerpts(13 years, 6 months ago)
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Sir George Young
That invitation has indeed been withdrawn. A statement was made by the Foreign and Commonwealth Office at 11 o’clock.
The Government are prepared to find time, where appropriate, for debates on the middle east and north Africa. Indeed, we have already found time for such debates. We want to keep the House informed and to give it opportunities to make its views known, so I can give the hon. Gentleman the assurance that we will be prepared to find time for a further debate if necessary.
John Hemming (Birmingham, Yardley) (LD)
I have reports that in the Balderstone and Kirkholt ward in Rochdale someone is going around collecting postal ballots, opening them, removing and throwing away the Lib Dem local election vote while leaving the AV vote inside, resealing the envelopes with Sellotape and sending them off. Does the Leader of the House recognise that there remain concerns about the integrity of the postal voting process, and should the law be changed to deal with the Electoral Commission’s recommendations?
Sir George Young
That sounds rather like a criminal offence, and if there is any evidence that it is going on I hope that it will be referred to the police.