Deregulation Bill

John McDonnell Excerpts

Monday 23rd June 2014 Commons Chamber

[Tom Brake]

Of course it is. I have just stated the parameters that will be used to establish whether it is appropriate to reopen an investigation. We would, of course, want to ensure that the families had the answers that they wanted and deserved, so that they could get closure. We are arguing only about whether there should be a mandatory requirement on the Secretary of State to reopen formal inquiries, irrespective of the value of any new evidence that comes forward, and however small it is.

[John McDonnell (Hayes and Harlington) (Lab)]

I hope to catch the Speaker’s eye later and contribute to the debate. The Minister may be convinced, but it is the seafarers and their families who need convincing, and they are not convinced. Will he clarify the process from here onwards? Will there be detailed regulation and consultation? If the legislation is agreed to today, how do we go forward towards implementation?

[Tom Brake]

I shall respond to that shortly, but let me restate that I do not believe that anything we are proposing would have got in the way of the MV Derbyshire inquiry. All the evidence surrounding that shows that under these proposals the Secretary of State would still have reopened the investigation. All we are talking about is whether there should be an automatic trigger, irrespective of the nature of the evidence that comes forward. That is the only point that is in dispute, and I am absolutely certain that if the current Secretary of State or any future Secretary of State felt that the evidence brought forward could, in any shape or form, lead to further safety improvements being identified, they would want to proceed with a formal inquiry. I think most Members would agree that if, 100 years from now, a formal investigation was automatically triggered under this legislation by something that happened today, that would not be likely to make a significant contribution to improving safety.

Amendments 36 to 49 make minor technical improvements to the drafting of schedule 2. Amendments 36, 37 and 39 make drafting changes to render the language more consistent. Amendments 40 and 43 relate to new section 128ZZA, which allows the registrar to cancel a requirement to undergo an emergency control assessment when it is appropriate to do so. The policy intention was to cover all ECAs, but cross-references were missed, so the Bill does not cover the ECAs that are required in relation to licences for trainee instructors. Amendments 40 and 43 simply extend the new section to cover ECAs in connection with licences.

Amendment 41 amends new section 133B(2A), which concerns the ability to retake failed ECAs. It inserts references to assessments required in relation to licences for trainee instructors, which will ensure that the ability to retake a failed assessment applies to all assessments, regardless of the stage at which they were originally ordered. New section 133B(5A) states that a person applying to undergo a further ECA cannot do so until after a further six months, or any other such period prescribed by regulations. Amendments 38 and 42 simply allow a person to retake an ECA before the end of the six-month period in cases in which that is appropriate. Amendments 44 to 49 make consequential amendments to the Road Traffic Offenders Act 1988 to reflect amendments made to the Act by schedule 2 to the Bill.

Let me now conclude my remarks—

[John McDonnell]

Will the Minister answer the question that I asked earlier, about the process involving marine investigations?

--- Later in debate ---

[Caroline Lucas]

I rise to reinforce some of the arguments that hon. Members have made about amendment 61, to which I have added my name. Many people in my constituency have raised this issue with me, and there is real concern about public safety. Nothing that I have heard from the Government this afternoon has put my mind—or, I am sure, my constituents’ minds—at rest.

Taxi companies in my constituency have also raised concerns. I come back to a theme to which other hon. Members have returned time and again: nobody really knows what is driving these measures. People are not asking for them; on the contrary, organisations that are watching the proposals are sounding the alarm. They include the Suzy Lamplugh Trust, which we should surely listen to closely. Given that no counter-argument is coming from other organisations to balance the discussion, it strikes me as incredibly perverse for the Government to push ahead with these measures and fly in the face of so much advice suggesting that there are dangers involved.

I was particularly moved to hear the hon. Member for Bolton West (Julie Hilling) again tell the House the story of her 13-year-old constituent—she raised that topic in the Westminster Hall debate secured by the hon. Member for Easington (Grahame M. Morris) a few weeks ago. It was horrifying to hear that story then, just as it was today. The bottom line is that people with disabilities, young women, those worried about how they will get home at night, and those without access to a car will be watching for the implications of clauses 10 to 12, and they are worried about them.

Brighton and Hove has 1,800 drivers who serve our city well. Many of them have said that they are worried about the Government’s attempts to rush through changes to the regulations, and that the measures will be bad for the travelling public and the city, and potentially dangerous. The Government proposals seem rushed and are another example of unthinking, anti-regulation, small-state ideology that has no basis in evidence or common sense and, as has been said, risks putting public safety at risk.

We have had nothing close to meaningful consultation, and the Government even failed to discuss these changes with councils before tabling the clauses. The Local Government Association put it politely, but states clearly:

“We are disappointed that the LGA was not made aware of these proposed clauses until they were brought before the Deregulation Bill Committee.”

Where is the speed coming from? Why do we have to pre-empt other processes to get these measures into statute so fast?

There is concern that the proposals could lead to women being put at risk of assault or attack by unlicensed and unregulated drivers when they travel late at night. The deregulation of the taxi industry could also lead to rogue taxi drivers, criminals posing as drivers, passengers being ripped off, and people being unsure whether the taxi they have flagged down is legitimate.

Ministers should surely follow the 2011 proposals of experts on the cross-party Select Committee on Transport, who advised the Government to listen to users—particularly those in vulnerable groups—those in the trade, and local authorities, and to keep the situation simple and local. Instead, clauses 10 to 12 show a systematic attempt to water down standards and rules that were designed to serve and protect the public.

I come back to the sense that this is being driven by—I do not know: is it being driven by ideology or something else? During the debate of the hon. Member for Easington in Westminster Hall, I just observed that the boss of the minicab giant Addison Lee had made an individual donation of £500,000 to the Conservatives last year—it was reported as the third largest donation in the three months to the end of September. Government Members immediately started jumping up to point out that Addison Lee does not currently operate outside London and so has no particular interest. However, Addison Lee is on record as saying that it would very much like to operate outside London. I will leave it there; I simply say that when we are searching for a reason to understand why the Government are pursuing this policy, one cannot help but notice that there has been a very large donation from Addison Lee.

[John McDonnell]

I convene the RMT group in Parliament. I raised these issues at the RMT conference this morning and we had a discussion about their implications.

On the taxi and minicab issue, the RMT represents only the black cabs in London, which has been prayed in aid as operating the system that will now be rolled out elsewhere. I want to dissuade the Minister from the view that the RMT is happy with the regime in London at the moment. In fact, in the RMT’s view, there should be further regulation, with annual testing. The figures have already been given for assaults and rapes, which are occurring even in the capital city’s regulated regime.

What worries me is exactly what others have said. From the point of view of the union and a number of other organisations that have been cited, everyone thought that we were on a journey over the last couple of years: the Law Commission would conduct its investigation and review; there would be adequate consultation; a comprehensive Bill would be produced; and then we would establish a regime that, although perhaps not everyone would be happy with it, would at least be nationally comprehensive, effective, properly enforced and readily understandable. There is therefore a lack of comprehension of why the measures have been introduced in such haste. In fact, I am led to believe that one of the informal consultations on some of the legislation lasted only 10 days and was conducted by e-mail.

There may well be some association between donations, speed and amendments, but to be frank, what concerns me most is getting the legislation right, and I just do not think that the measure will prove effective. I think it will cause more problems than it is worth. I also think it will prove deeply unpopular as it is rolled out. If there is a lack of safety, particularly for women, the Government will reap the whirlwind. They will face a backlash, because what they are doing flies in the face of all the expert evidence that has been presented. Everyone who practises on the ground, right across the country, is saying that this is not the way to go about it, so I caution the Government: they are making a mistake today and may well want to think again before the day is out.

On marine investigations, again, people are slightly bewildered about why the measure is included in this Bill. I thank my hon. Friend the Member for Blackpool South (Mr Marsden), who sits on the Front Bench, for taking us through the history and in particular the Derbyshire incident. I, too, want to go back to that incident, because I find it extraordinary. I remember the campaign about the Derbyshire and I remember that key period when a number of the unions and others were raising the problems with that type of ship. From 1975 to 1997, nearly 400 of them went down and we lost something like 1,300 seafarers. The Derbyshire was one of those ships. There was an issue with design and safety.

At the time, there were all sorts of insinuations about it being the crew’s fault. The RMT undertook its own investigation, along with Nautilus and the International Transport Workers Federation, as my hon. Friend said. They found the ship and discovered the real causes. However, the investigation would not have been reopened but for a piece of legislation introduced in 1995 by—who? By a Conservative Government. Until then, the system was not satisfactory. The Derbyshire relatives, the unions and others had to campaign because reopening an inquiry was left to the whim of a Minister. That was unsatisfactory. A Conservative Government thus changed the legislation to provide for an automatic reopening of an inquiry when new evidence was found.

--- Later in debate ---

[Tom Brake]

I am afraid that my advice says that the hon. Gentleman’s amendment widens the remit rather than closing it down. Perhaps he should go back and look at precisely what he is proposing. It is clear that the Secretary of State will still be required to reopen a formal investigation where there are grounds for suspecting a miscarriage of justice. It is also worth pointing out that what we are talking about has no impact on the work of the marine accident investigation branch; that is completely separate to this issue.

The hon. Member for Hayes and Harlington (John McDonnell) asked whether there would be regulations for marine investigations. The answer is no, there would not be regulations. That is something that would be implemented. We have set out the circumstances in which we would expect the Secretary of State formally to reopen an inquiry. We would of course consider any specific requests that were received from relatives or trade unions that were affected by that decision-making process. The measure would come into force two months after Royal Assent.

[John McDonnell]

The Minister should recognise that he is now taking the law back to what it was when it was completely ineffective. The Conservative Government had to amend the legislation, and the Derbyshire relatives had to campaign for 20 years to ensure that they got justice.

[Tom Brake]

I simply do not agree with that. I said that, under our proposals, the MV Derbyshire case is one that would have been reopened. I must disagree with the hon. Gentleman on his analysis of the impact of this measure.

--- Later in debate ---

[John McDonnell]

The reason why the Conservative Government introduced the legislation was that the decision was at the discretion of the Minister. This measure returns it to the discretion of a Minister—it does not matter which party is in power—in whom the public no longer have confidence.

[Tom Brake]

As the hon. Gentleman will have heard me say in relation to miscarriages of justice, there is no flexibility. There will be an automatic reopening of the inquiry. I hope that he agrees that there must be some assessment of whether or not new evidence should trigger a formal reopening of an inquiry. Surely the evidence must pertain to the incident. It has to be of a nature that is likely to lead to safety improvements.

[John McDonnell]

rose—

[Tom Brake]

I will give way one final time.

[John McDonnell]

That is precisely why I support the amendment. However, if the amendment is not suitably drafted, the usual process is that Government consult on the detail of regulation. People will be involved in that, and we can hopefully arrive at a consensus. Today the Minister is saying that there will be no regulation that will guide Minister and therefore no consultation. We are back where we were before 1995.

[Tom Brake]

I am repeating myself rather a lot, but I say again that we are not back where we were. I have made it clear that, under our proposals, the MV Derbyshire inquiry would have happened.

I thank my right hon. Friend the Member for Wokingham (Mr Redwood) for his support. I was not quite as surprised as he thought I might be in receiving support from him. He expressed the view that the Government had not gone far enough in relation to deregulation. The Opposition saying that we have gone too far and my right hon. Friend saying that we have not gone far enough probably means that the Government have got it about right.

My right hon. Friend went on to highlight other problems with parking, with which we, as Members of Parliament, are all too familiar. I apologise if I have not been brave enough to venture into the other areas that he would like to discuss in relation to parking, but, first, I would be ruled out of order, and, secondly, we all know that when it comes to parking issues, it is a lose-lose situation whatever decision is taken.

--- Later in debate ---

[John McDonnell]

I thank the Minister for his courtesy and for the constructive way in which he dealt with the development of amendments 16 and 17, meeting representatives of the National Union of Journalists, editors and others to avoid what could have been a disastrous incursion into the freedom of speech and of written material. None the less, I oppose the Bill overall and will be shouting against it. I will seek to vote against it, if only with a few others, for three reasons.

I believe that the health and safety legislation with regard to the self-employed means that people will be put at risk. It will cause absolute confusion. Only during the debate did we receive from the Minister a list of supposedly dangerous categories of employment, where people who are self-employed will still have the health and safety legislation applied to them, but whole areas of employment were left out, including the docks and some parts of the maritime sector, which are particularly dangerous. I think this will cause absolute confusion and will, sadly, result in loss of limbs and loss of life.

I am also opposed to the Bill because of its reforms relating to taxis and public hire vehicles which, as has been said today, will put the travelling public at risk. There will be no effective control over who will be plying that trade. Last year there were 200 incidents of attacks on people travelling in private hire cars in London, where this type of legislation already applies.

Thirdly, it is a disgrace that we are tearing up legislation introduced by a Conservative Government that ensured there was a proper investigation into the sinking of the Derbyshire and brought at least some comfort to the relatives of the victims. What we are doing now is ensuring that if another such accident occurs, the decision whether or not an inquiry is opened or reopened will be based on the whim of a Minister. That is a step backwards, and it means we have not learned the lessons the Conservative Government did learn in 1995, when they put this legislation in place.

For those reasons, I will seek to oppose this Bill at every possible opportunity.