All 14 Debates between Jonathan Reynolds and Kevin Hollinrake

Employment Rights Bill

Debate between Jonathan Reynolds and Kevin Hollinrake
2nd reading
Monday 21st October 2024

(2 months ago)

Commons Chamber
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Kevin Hollinrake Portrait Kevin Hollinrake
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I will make some progress. The Government’s own impact assessment acknowledges that the measures will mean price rises for consumers and job losses. In it, 40% of firms surveyed said that prices would go up, and 17% said that they will reduce the number of employees. That is hundreds of thousands of jobs at risk.

The criticism of the Bill does not stop there. The Institute for Fiscal Studies has warned that it risks lower employment rates and lower wages for employees. The Local Government Chronicle has warned that the Bill will place financial pressure on councils. The Recruitment and Employment Confederation has said that the Bill will fuel long and complex litigation. The Financial Times has warned that the Bill is causing deep unease among business leaders. In short, jobs down, wages down and prices up.

In their failed attempt to allays concerns about the Bill, the Deputy Prime Minister and the shadow Business Secretary have stated that they have consulted businesses—

Kevin Hollinrake Portrait Kevin Hollinrake
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Sorry, though I think the Prime Minister is guilty of similar; I do apologise. The Deputy Prime Minister and the Business Secretary have stated that they have consulted businesses. Really? The Federation of Small Businesses said not only that the Bill will

“inevitably deter small employers from taking on new people”,

but that it is a

“rushed job, clumsy, chaotic and poorly planned”

and that the Government are guilty of shallow engagement. So much for the “strong horse”. Several representatives at this morning’s meeting said that they have been talked to but not listened to—including those representing the hospitality and retails sectors some of the most labour-intensive in our economy, which is acknowledged in the impact assessment.

Post Office Horizon: Redress

Debate between Jonathan Reynolds and Kevin Hollinrake
Monday 9th September 2024

(3 months, 2 weeks ago)

Commons Chamber
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Kevin Hollinrake Portrait Kevin Hollinrake (Thirsk and Malton) (Con)
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I thank the Secretary of State for advance sight of his statement and for his kind words. I assure him that we will continue to work collaboratively to put the interests of postmasters first. I also associate myself with the congratulations offered by the Secretary of State to Sir Alan Bates and Lady Suzanne Bates, and the recognition of their contribution and that of others.

As the Opposition promised during the very first urgent question of this Parliament, Ministers know that they will receive our full support to deliver compensation swiftly and quash the convictions of those wronged by this terrible tragedy. In his statement, the Secretary of State has set out a new appeals process for those who have already settled their claim under the Horizon shortfall scheme. I welcome that step. I know that the Department is implementing the work of the Horizon compensation advisory board, which was instrumental during my time in office, and will no doubt be supporting the new Government.

However, I have some questions about the Secretary of State’s statement. First, he confirmed that the appeals process will be open for claimants who have settled their claim under the HSS, but it is restricted to those who have new evidence to support their case. In the same breath, he recognised lessons learned from redress schemes to date, indicating that his Department is aware of the flaws in the scheme, which I also acknowledge. Crucially, will the appeals process also be available, as it should be, to all claimants, not just those with new information? Given the accepted flaws in the scheme, it would be wrong to leave individuals without the opportunity to appeal. If people choose the £75,000 top-up, will they be entitled to appeal? If so, there is a risk that for those wanting to go through the appeal process it will be a slower process because of the number of people seeking to appeal.

Secondly, the Secretary of State says that the appeals process will be up and running as soon as possible. Can he set out a specific timeline? Finally, on appeals, can he tell the House whether these individuals will be entitled to legal representation, as is the case in the GLO process?

Could I also ask the Secretary of State some questions about the broader compensation schemes? Some £289 million has been paid to over 2,800 claimants across four schemes. I was alarmed to find, however, that only six claims have been offered redress through the Horizon convictions redress scheme, and no full and final settlements have yet been made through that scheme. Can he explain those numbers?

I was also concerned to hear the Secretary of State say last week that only 130 letters have been written to postmasters who have had convictions quashed—I think there are 700 such postmasters—and that this was a matter for the Ministry of Justice, rather than his office. I am sure he realises that finger-pointing within Government will not wash with the people who have been through these difficulties and this horrendous scandal, so I must therefore push him on what steps he has taken to mitigate the delays in sending out letters to those affected.

Finally, delay in all the schemes is at least partially the result of an adversarial process of lawyers arguing with lawyers. As a remedy, we were working very hard for Sir Gary Hickinbottom, scheme reviewer in the overturned convictions scheme, to be appointed across all three schemes to expedite claims. Can the Secretary of State confirm that that vital appointment has now been made?

Jonathan Reynolds Portrait Jonathan Reynolds
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I am grateful to the hon. Member for his response, and for the tone and collaboration that we tried to model when we were sitting in opposite places in this Chamber. I believe that helped advance what was a difficult piece of legislation to put on the statute book, particularly during a wash-up process, but was the only real vehicle for delivering what we all wanted to see. He has asked me a number of questions; all are absolutely reasonable, and I am happy to respond to them.

In a situation where someone has already received a top-up to £75,000, the hon. Member is right to say that the appeals scheme would not be available. It is a choice between the two best methods of redress and satisfaction for the postmaster. I recognise what the hon. Member has said—that, given the issues with the speed of delivering redress, having that system clogged up would not be satisfactory to anyone—but I think that both options represent reasonable ways forward for people who are in that position.

The hon. Member asked specifically about the remit of the appeals scheme, and I have listened to what he said. The reason we are announcing today that we will take this scheme forward, but will then consult with postmasters to make sure the eligibility criteria are correct—he asked about the timeline, which is just a matter of months—is to make sure that we do not have to revisit the scheme, and can all be satisfied that crucially, postmasters themselves have confidence in it. That is the intention, so I am grateful to the hon. Member for his comments about the remit of the scheme.

The hon. Member asked about legal representation. Yes, that is part of the scheme, again learning lessons from where we have been in the past. As he knows, most of the schemes have now been adjusted to reflect that, but I absolutely take his point about new announcements.

I want to be clear about the difficulty that has existed with the Horizon convictions redress scheme. To update the House, I will give the hon. Member the figures: so far, 180 letters have gone out from the Ministry of Justice. Including those letters and the people who have registered with the Government who perhaps have not all received a letter yet, there are now 276 claimants. I will make the appeal again: while we are doing everything we can with Ministry of Justice colleagues to make sure those letters go out, people can proactively register with the Government. To be frank, this has been a frustration. When the hon. Member and I were having our conversations when we sat in different places in the Chamber, neither of us perhaps knew the state of the database and the records, and—having passed the legislation—the frustrations we would face in getting to people. However, doing so is clearly integral to sorting this out.

Finally, the hon. Member asked about the scheme reviewer. If I may, I will come back to him on that; I will write to him to tell him the up-to-date situation.

In summary, I say again that we will work with all parties and all postmasters to get redress at pace, and to learn the lessons from where things have not gone well in the past, to make sure new announcements carry the confidence of the people who really need to have confidence in them.

Post Office (Horizon System) Offences Bill

Debate between Jonathan Reynolds and Kevin Hollinrake
Jonathan Reynolds Portrait Jonathan Reynolds
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I thank the right hon. Member for making those powerful points, which reflect on the nature of the evidence that was given. One of his hon. Friends has already made the point about the role of technological, computer-based evidence in the legal process. To be frank, there is also the Post Office’s approach to the data as it saw it, which I assume it believed to be a way of unveiling wrongdoing, rather than questioning that data. Most of our constituents ask, “How could the number of convictions have gone from five or six a year to 50 or 60 without that being flagged in some way?” Clearly, the powers that be—at the time—thought the data was revealing wrongdoing, rather than necessarily revealing something going wrong.

We can see from the contributions we have already had that all Members participating in today’s debate and who will participate in the Bill’s future stages are mindful that what we are saying is not only important, but might be referenced in future considerations. In that vein, let me clearly state that this legislation, although far from ideal, is the only option on the table for us to resolve this horrible injustice. But let me further state that any incoming Labour Government would never use this kind of action again. There are exceptional circumstances to this case that make it unique, rather than it being a moment to set a precedent for handling any future injustices.

The Post Office Horizon scandal took place over decades, and there is at least a decade’s worth of investigations that demonstrate the falsehoods behind many of the convictions made against sub-postmasters. That bank of evidence will only grow from the independent inquiry led by Sir Wyn Williams. The challenge to righting this wrong is not a lack of clear evidence, but a sheer volume of cases that is overwhelming the appropriate route to justice through the Court of Appeal. I lament that our justice system is under such strain, and it would be remiss of me not to point out that a better serviced Criminal Cases Review Commission could have avoided the extraordinary step that we must now take.

In addition, we must also recognise that a cohort of sub-postmasters with convictions are understandably reticent to take part in another process in a criminal justice system that so badly failed them the first time around. For the purposes of the historical record, an important qualification for taking this step is the scale of cross-party support that the legislation is attracting. I have raised that point with the Minister before, and I believe it to be an essential safeguard.

Kevin Hollinrake Portrait The Parliamentary Under-Secretary of State for Business and Trade (Kevin Hollinrake)
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May I thank the shadow Secretary of State for his cross-party and collaborative approach, which has brought us a significant step forward? I recognise the points he makes on the scale of the problem, which is why we have to act in this way. It is probably the least worst option for how we deal with this.

May I push back gently on his point that we have only started to act significantly since the TV drama? We welcome the public outcry that came as a result of the drama, the new attention that has been focused on the issue and the 1,200 new claimants who have stepped forward, but I push back because it is important that the public know that we were acting prior to the drama. We implemented the shortfall scheme in 2020, the inquiry back in 2020 and the GLO compensation scheme in 2021. The Horizon Compensation Advisory Board was put in place early in 2023, and the fixed-sum awards of £600,000 were put in place in autumn last year. We also had the overturned convictions and the exploring of different ways to do that on a mass basis. All these things were in place by the time of the Post Office (Horizon System) Compensation Act 2024, which we considered in December last year, and which the shadow Secretary of State and I spoke to during its consideration. Much work has been undertaken. We very much welcome the new impetus we have all got from the attention that the drama has brought about.

Jonathan Reynolds Portrait Jonathan Reynolds
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I am always keen to hear from the Minister. I thought I was fair in making the point he raises in my introductory remarks. I simply make the point that the constitutional significance of legislation like this requires a level of public consent. The statement that the Prime Minister made in January, just after Prime Minister’s questions, would not have been possible without the sheer breakthrough in public consent and the demand for change and for justice that came from that. I will always be fair to the Government’s Ministers, and I point out even to some of their critics that we were dealing with things. We had the legislation that colleagues had worked on. It is fair to say there was less interest in some of that in the Chamber before we had the television programme, but let us be frank that we had the impasse of people not wanting to go back to the process. The estimate we had at the time was 10 to 15 years. That is what brought us to that point, and we have to recognise that, as well as paying tribute to the role that arts and culture can play in bringing things to an audience, which we should welcome.

Finally, I think I speak for everyone in the Chamber when I say that in no way does anyone take lightly what we are proposing to do today. This action is unprecedented, and we should make every effort possible to ensure that such action never again has to be considered.

Oral Answers to Questions

Debate between Jonathan Reynolds and Kevin Hollinrake
Thursday 25th January 2024

(10 months, 4 weeks ago)

Commons Chamber
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Jonathan Reynolds Portrait Jonathan Reynolds (Stalybridge and Hyde) (Lab/Co-op)
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The Minister knows that we are willing to work with the Government on a way to exonerate the sub-postmasters and get them compensation as quickly as possible. The proposals will have to be imperfect, but they represent a clear option for resolving this terrible issue. As a way to ensure safeguards against any potential future misuse of precedent, could cross-party agreement be established as an essential provision for the exercise of powers of this kind?

Kevin Hollinrake Portrait Kevin Hollinrake
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I thank the hon. Gentleman for the constructive way he has engaged with us on this issue. I know that the Justice Secretary spoke to the Leader of the Opposition this week on this very matter, and we are very keen to engage with the hon. Gentleman too. He is right to say the solution is imperfect. We believe it is the least worst option, but of course we will engage with him and make sure that he feels the legislation is in the right place.

Jonathan Reynolds Portrait Jonathan Reynolds
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I am grateful to the Minister for that answer, and I hope that exchange gives some reassurance to all colleagues in the House. Will he confirm that all prosecutions that arise from the Horizon pilot scheme will now also be included in the exonerations, given that, although people were technically prosecuted without official Horizon data, it is very much the same issue?

Kevin Hollinrake Portrait Kevin Hollinrake
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Again, the hon. Gentleman raises a very important point, similar to one made earlier. The circumstances were similar, so we feel there is no reason to exclude people who have been convicted in similar circumstances. Again, I am happy to work with him on that issue.

Post Office Horizon Scandal

Debate between Jonathan Reynolds and Kevin Hollinrake
Wednesday 10th January 2024

(11 months, 1 week ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Jonathan Reynolds Portrait Jonathan Reynolds (Stalybridge and Hyde) (Lab/Co-op)
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Thank you, Mr Speaker, for granting the urgent question; I congratulate the right hon. Member for Haltemprice and Howden (Sir David Davis) on securing it. This issue has rightly left the public outraged at the scale and shocking details of this injustice. As I said on Monday, Labour believes the Horizon scandal to be one of the greatest miscarriages of justice in British history, where people lost their livelihoods, liberty and their lives; then, when trying to find justice, they were delayed at every turn.

It is unconscionable that, despite the landmark legal rulings, several years on people have still not been able to access the compensation that they are entitled to. We are all united in this House in wanting the sub-postmasters to be exonerated in full—it is important to say exoneration and not a pardon, because a pardon implies guilt that is forgiven—and for them to receive compensation with urgency. We recognise that that is not straightforward and the result may be imperfect, but this is an unprecedented scandal that requires an unprecedented response. The alternative of not acting is even less desirable. Labour stands ready to work with the Government to deliver a solution that achieves that long-awaited justice and compensation at pace.

May I thank the Minister for the ongoing conversations we have been having on this matter? Can he guarantee that compensation payments will immediately follow any exonerations under the terms of the compensation schemes as they stand today? Could he indicate a timescale for that? I know he appreciates that victims cannot continue to wait years for payments.

Given what the Minister said about the implications of a blanket exoneration, we will need to consider what safeguards might be necessary, to ensure that, as best as possible, public money does not flow into the pockets of those who are not entitled to it. He mentioned that people may be asked to sign a statement. Will that be drawn up consistently with the work of the advisory board?

Crucially, we discussed on Monday the cases that have now been identified from the pre-Horizon pilot scheme, which are identical to those coming out of Horizon. Will those cases be covered by any proposals that the Government bring forward? Any plan that does not cover all convictions will rightly not command the full support of the House.

As the sub-postmasters—they must surely get the credit for these extraordinary measures—have repeatedly said, what matters now is getting compensation to people swiftly. The whole House is united in its determination to deliver the justice, truth and compensation that has been denied and delayed time and time again.

Kevin Hollinrake Portrait Kevin Hollinrake
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I thank the hon. Gentleman for his response to my remarks. I appreciate his offer to work with us and to stand with us to deliver compensation and the overturning of convictions. The first step will be legislation; again, we are happy to work with him on that. That may take some weeks to deliver, but the sooner, the better. The introduction and passing of that legislation will be a matter for both Houses, but our intention is to get on with that very quickly.

From there, it should be a simple process: a statement needs to be signed, as the hon. Gentleman and I both referred to. We will work with the advisory board to ensure that the statement is appropriate. Following the signing of that statement, if people choose the detailed assessment route, that will be more complex because it will look at not just financial loss but personal impacts, such as on health or on other livelihoods, and consequential losses. If people choose the fixed sum award route of £600,000, that process can be very quick, which is one of the reasons why we have managed to complete 30 full and final settlements already, many using the fixed sum route.

The hon. Gentleman raised the issue of people using the pilot version of Horizon, of which we are cognisant. Every postmaster around the country has been written to and should be aware that the compensation scheme is available. We believe that these schemes cover that pilot period for Horizon. I am very happy to work with him and the right hon. Member for North Durham (Mr Jones) to ensure that the people they have identified have already been contacted. The good news is that, following the excellent ITV dramatisation, we have seen a good number of new cases come to light. We are keen for people to come forward, whether they have suffered convictions or financial detriment through shortfalls. We are keen to ensure that those people get access to compensation as quickly as possible.

Horizon: Compensation and Convictions

Debate between Jonathan Reynolds and Kevin Hollinrake
Monday 8th January 2024

(11 months, 2 weeks ago)

Commons Chamber
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Jonathan Reynolds Portrait Jonathan Reynolds (Stalybridge and Hyde) (Lab/Co-op)
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Thank you, Mr Deputy Speaker. I thank the Minister for the advance copy of his statement.

The Horizon Post Office failure is a scandal to which we have been responding for some time, but I welcome the way the recent ITV drama has brought the story to a wider audience. It is a powerful reminder of the way that art and culture can be used to tackle injustice and to raise public awareness. I also pay tribute, as I have before, to the sub-postmasters, to my right hon. Friend the Member for North Durham (Mr Jones), to Lord Arbuthnot and to all those Members whose work has been integral in the progress to date to get justice.

A lot has been done but, as we all know, there is a lot more to do, because the Horizon scandal is quite simply one of the most egregious miscarriages of justice in British history—something that robbed people of their lives, their liberty and their livelihoods. Driven by the misguided belief that technology was infallible and workers dishonest, the Post Office prosecuted innocent people, causing unimaginable pain and suffering, which no amount of compensation can ever alleviate. To add insult to injury, the journey to justice for those sub-postmasters has been mired in a great many delays and barriers, and some of the people affected have, tragically, passed away before having the chance to see justice.

I recognise the attention that the Minister has given this matter, including by responding positively to the campaign to ensure that compensation payments are not subject to taxation. However, it is still an urgent priority to get compensation to all those affected, and it is unconscionable that convictions still remain, where it is clear that no wrongdoing has been committed. Justice must be served for those workers and their families, which is why Labour has called for all sub-postmasters to be exonerated in full. I listened carefully to what the Minister had to say about that, and I extend our support for any actions that may be required to overturn these convictions as quickly as possible, while ensuring that no victim has to re-enter litigation and relive the trauma they have experienced. I appreciate the Minister’s acknowledgment that the public want to know that that will happen as soon as possible. I also welcome the review he announced into private prosecutions, because the public want assurance that nothing like this can ever be allowed to happen again.

It is right that the Sir Wyn Williams inquiry continues to uncover the truth. However, just when it was felt that this outrageous miscarriage of justice could not get any worse, more allegations have come to the fore, which must now surely be considered as part of that inquiry. It has emerged today that there are potentially dozens more victims from a pilot scheme. This afternoon, I learned from one of my constituents that they were informed only very recently that they are a victim of this scandal, so what steps are the Government taking to ensure that every victim is identified and encouraged to come forward?

It is clear that Fujitsu faces serious questions that demand a response. Those questions must be answered in the evidence sessions planned for the inquiry later this year. If it is found that Fujitsu knew the extent of what was occurring, there will have to be consequences that match the scale of the injustice. Additionally, those involved in the running of the Post Office who have received honours must be held to the high standard that those honours demand. They will also have the opportunity to give their side of the story in the inquiry, but if that evidence is unsatisfactory, I would urge the Forfeiture Committee to consider the propriety of those honours and to take any further appropriate action.

For many people who watched the ITV adaptation, it will be hard to believe that this ongoing tragedy is not a work of fiction, so egregious and pernicious have the impacts been on people’s lives. But this is not a TV show; it is very real and it has had real-world impacts. Lessons must be learned, and justice must be served. I have faith that the Williams inquiry will ensure that those responsible are held to account. It is right that innocent people have their convictions overturned not just so that they can begin to turn the page on this scandal, but to ensure that it leads to quick access to the compensation they rightly deserve, as the Minister said. However, I believe that that is just one of the many steps that will be required if amends are ever to be made for this most insidious of injustices.

Kevin Hollinrake Portrait Kevin Hollinrake
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I thank the hon. Gentleman for his kind words and support, and for the manner in which he delivered his response to the statement. We share an ambition to see exoneration, and I am very happy to work with him over the next few days to make sure that we are getting to the right place.

He raises a very important point about people who were involved in a pilot scheme for Horizon—an issue that has also been raised by the right hon. Member for North Durham (Mr Jones). We want to make sure that every single victim is properly covered by the various schemes, and I have asked everybody who has evidence of any kind, including the right hon. Member for North Durham, to furnish me with the details. I will make sure that we pick up anybody who is left outside the schemes.

The hon. Member for Stalybridge and Hyde (Jonathan Reynolds) mentioned Fujitsu, and I concur with his points. Anybody who is shown to be responsible for this scandal should be held accountable, including by making payments into the taxpayer’s fund. I accept what he says about the honours system, as I have said before on a number of occasions. I speak as a former CEO. This is not to direct responsibility for any specific thing that happened—the Sir Wyn Williams inquiry is there to identify responsibility—but, as a former CEO, I would say that it is perfectly reasonable to ask the CEO who oversaw the Post Office during a critical time, when things went so badly wrong, to voluntarily hand back their honour. However, that is a matter for the person concerned.

Autumn Statement Resolutions

Debate between Jonathan Reynolds and Kevin Hollinrake
Thursday 23rd November 2023

(1 year, 1 month ago)

Commons Chamber
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Jonathan Reynolds Portrait Jonathan Reynolds
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Unsurprisingly, I agree with part of what the hon. Member said. We could have a lengthy and robust debate on the weaknesses of Conservative Governments in the 1980s and the consequences of their short-term decisions. I would—

Kevin Hollinrake Portrait Kevin Hollinrake
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What about between 1997 and 2010?

Jonathan Reynolds Portrait Jonathan Reynolds
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I will give way to the Minister if he likes.

Jonathan Reynolds Portrait Jonathan Reynolds
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I would simply say to SNP colleagues that their own independence White Paper made the fair case for a UK-wide energy market. That is because, as in many areas of policy, a UK-wide energy market is the best way to deliver for my constituents in England and for the constituents of the hon. Member for Kilmarnock and Loudoun (Alan Brown) in Scotland. That is a reality that I think SNP colleagues do not accept.

I think the Minister would like a second bite, so let us bring him in to see what he has to say.

Kevin Hollinrake Portrait Kevin Hollinrake
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On the point about industrial strategy, can the hon. Gentleman answer a simple question with a yes or no? Will he reinstate the plans for HS2?

Jonathan Reynolds Portrait Jonathan Reynolds
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You have sold the land; you have salted the earth.

Oral Answers to Questions

Debate between Jonathan Reynolds and Kevin Hollinrake
Thursday 14th September 2023

(1 year, 3 months ago)

Commons Chamber
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Jonathan Reynolds Portrait Jonathan Reynolds (Stalybridge and Hyde) (Lab/Co-op)
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The loss of Wilko is a significant blow to the nation’s high streets. However, more concerning is that no rescue has proved possible because several bidders have said that town centre retail is no longer a viable business model. In the light of that, do the Government really believe that their current policy environment is sufficient for British high streets to thrive?

Kevin Hollinrake Portrait Kevin Hollinrake
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We are very concerned for the families affected by Wilko’s demise. The world of retail is a very competitive marketplace. I do not accept the hon. Gentleman’s premise that the high street is dead—not at all. It is reshaping itself, and while it does so we will help it, such as with the £13.6 billion of rates relief over the next five years.

Jonathan Reynolds Portrait Jonathan Reynolds
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Ministers’ answers do not match the scale of the problem; 12,500 Wilko workers alone are at risk of redundancy. Labour’s plans for the high street are about reforming business rates, tackling late payment, cracking down on antisocial behaviour and stopping premises being left empty, with councils having more powers. The problem demands a response from Ministers. Based on their answers today, this Government have simply given up on the British high street.

Kevin Hollinrake Portrait Kevin Hollinrake
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That is complete nonsense. This week, I met Helen Dickenson from the Retail Sector Council to discuss this matter closely. There are certain situations in certain companies of course. I guard the hon. Gentleman against political opportunism on the back of those 12,500 jobs, many of which have been picked up by other retailers such as Poundland in rescues of stores. On his point about business rates, which I hear time and again, all the Labour party has done is say that it will cancel £22 billion of business rates, without saying how it will replace those taxation receipts. Where is the money coming from?

Post Office: Horizon Compensation

Debate between Jonathan Reynolds and Kevin Hollinrake
Thursday 23rd March 2023

(1 year, 9 months ago)

Commons Chamber
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Jonathan Reynolds Portrait Jonathan Reynolds (Stalybridge and Hyde) (Lab/Co-op)
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I thank the Minister for his statement and for advance sight of it.

I too begin by paying tribute to Alan Bates and the Justice for Subpostmasters Alliance, which has campaigned for decades for compensation, justice and the truth. In addition, I recognise the campaigning efforts of Members from across this House on behalf of their constituents, and join the Minister in paying tribute to my right hon. Friend the Member for North Durham (Mr Jones) in particular. There can be no doubt that he has played an instrumental role in helping to chart a route to justice for thousands of people. We all wholeheartedly thank him for that.

The House is in unanimous agreement that the Horizon scandal has been a shocking injustice. Indeed, I think it is no exaggeration to say that it is one of the greatest scandals of modern times. As we continue to hear in the public inquiry the accounts of lives torn apart by the scandal, we can never lose sight of how devastating its impact has been on those victims. Today’s announcement of the group litigation order compensation scheme is very welcome. I was pleased to hear about the appointment of claims facilitators and external legal advisers—in the interests of full transparency, I declare that I am a former employee of Addleshaw Goddard.

I thank the Minister and his predecessor, the hon. Member for Sutton and Cheam (Paul Scully), for their work on this matter. I am sure that the Minister will appreciate that I feel duty-bound to put on record the level of frustration that many people have felt about how protracted their fight for justice has been, particularly the 555 litigants excluded from the original historic shortfall scheme. Indeed, one of the first speeches that I made from this Dispatch Box as shadow Business Secretary was in support of calls for compensation to be expanded to them—a campaign that was established long before that exchange nearly 18 months ago. The most important step now is for that compensation to reach victims as quickly as possible, so may I press the Minister on the steps that we will all take to ensure that the process is completed as swiftly as possible?

I am also grateful for the update on the historic short- fall scheme. The Government’s ambition was for that scheme to be completed at the end of last year, but in December, the then Secretary of State said that 93% of eligible claimants had been issued offers of compensation. The Minister has given the figure of 98% today, so can he confirm that the scheme’s completion is imminent? I also was pleased that he raised the tax issue. Will he commit to coming back to the House when he can to provide more information on the work that he said he is doing?

Today’s announcement is certainly welcome, but as we all await the conclusion of the public inquiry, and its recommendations, surely this is one of many steps that we need to take to make amends for what has been the most insidious of injustices.

Kevin Hollinrake Portrait Kevin Hollinrake
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I thank the hon. Gentleman for his words, and for welcoming the statement and the opening of the scheme. I absolutely concur that we should all be grateful for the work of my predecessors—not least, as he said, my hon. Friend the Member for Sutton and Cheam (Paul Scully).

The hon. Gentleman is right to say that we want to do this as quickly as possible. I am very pleased with the work of the advisory board, which is helping with the scheme. The scheme is based on a set of principles that should mean that compensation is delivered more rapidly and that there is a clear route to claims being settled quickly. We very much hope that that is the case—we want to get those payments out of the door at the earliest possible opportunity.

Again, we are working at pace on the tax issue. Clearly that is a matter of law as well as of tax policy, so getting that right is key. We have to work with the Treasury and HMRC to ensure that we get it right, but that is a determination and a commitment that I am very happy to make. We hope to make a further announcement on that work shortly.

Reducing Costs for Businesses

Debate between Jonathan Reynolds and Kevin Hollinrake
Tuesday 11th January 2022

(2 years, 11 months ago)

Commons Chamber
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Jonathan Reynolds Portrait Jonathan Reynolds
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I love it when Members bring testimony from their own constituencies about specific sectors that have been affected. In the urgent question we had before Christmas, a lot of people mentioned coach companies, for instance, which were not at the time getting the national coverage they deserved. I thoroughly agree with the point my hon. Friend has made that businesses are directly affected by energy costs too, because they are seeing their bills go up while revenue goes down. That is clearly the case for energy-intensive industries, for which out-of-control energy hikes are simply unaffordable.

I am absolutely adamant that great British industries such as ceramics, glass and steel must have a future, but I recognise that that will not happen without political commitment. Many of us here are from places that take real pride in our industrial strength and heritage, and there has to be a future for these industries not least because, although their domestic carbon footprint is high, if we compare them with foreign competitors they are usually among the most efficient in their class. We cannot attempt to hit net zero simply by letting industry, emissions and jobs go overseas. That is why we have proposed a £600 million contingency fund to support energy-intensive industries, and we have laid out a plan for green steel, promising to fund pilot projects using hydrogen instead of coal for production and to joint-fund new equipment so the sector can grow.

However, if we want to keep these jobs and firms, it will require the public and private sectors to work together, and that brings me to the long-term challenges facing businesses because in many ways that is the most concerning picture of all. Right now, every economic indicator we have is heading in the wrong direction. The forecast for long-term growth is poor, productivity growth is appalling, wages are stagnant, and inflation is high and rising.

Kevin Hollinrake Portrait Kevin Hollinrake (Thirsk and Malton) (Con)
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Will the hon. Gentleman give way?

Jonathan Reynolds Portrait Jonathan Reynolds
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I will proceed.

I know many Government Members are uncomfortable hearing it, but it is true to say that the Conservatives have become a high tax party because they are a low growth Government, and there is no plan that I can see to change that. In fact, most of the decisions the Government take tend to make things worse. Raising taxes, failing to deliver on transport promises and tearing up the existing industrial strategy are not the ways to increase productivity, growth and wages.

We used to talk about the danger of industrial strategy being the Government trying their hand at picking winners. This Government’s strategy is better described as kicking winners. Not a week goes by without some Government Minister trying to drag our world-class universities into their desperate culture wars, instead of recognising the pioneering research that, among other things, gave us the vaccine. There is the Brexit deal the Government negotiated that delivered none of the market access our financial services industry asked for, and which has put bureaucracy and red tape in the way of British exports.

If we are to meet the challenges of the future, it will take a lot more ambition than this Government have so far shown, and it will require a change of course in several areas. It will require reforms—significant reforms—such as the replacement of business rates that we have proposed, and policies that incentivise long-term growth and investment over slogans such as levelling up, or unproven flights of fancy such as freeports.

Jonathan Reynolds Portrait Jonathan Reynolds
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I am particularly pleased I gave way to my hon. Friend because I drive through Chesterfield when I am going from Stalybridge to London, and I pay tribute to him and his local colleagues for the work they have done. He is absolutely right that our promise on business rates is to replace an outdated system that does not work with one that is fit for the future. That means rebalancing rates so that bricks-and-mortar businesses do not lose out to online firms and making sure we encourage, rather than disincentivise, investments in new plant and machinery.

Kevin Hollinrake Portrait Kevin Hollinrake
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Will the hon. Gentleman give way?

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Jonathan Reynolds Portrait Jonathan Reynolds
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No, I am going to proceed. [Interruption.] Okay, go ahead—I give way.

Kevin Hollinrake Portrait Kevin Hollinrake
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Just to make a point of detail about the context, the hon. Gentleman talks about runaway inflation in the UK, but does he accept that these are international problems? The inflation rate in Germany is actually higher than in the UK at 5.3%, and the inflation rate in the US is 6.8%, which again is much higher than in the UK. Shall we have some facts in this debate, rather than some of the rhetoric coming out from his speech?

Jonathan Reynolds Portrait Jonathan Reynolds
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I always have time for the hon. Member, so I am not sad that I gave way to him. Yes, as we come out of the pandemic there are pressures on the global economy—we can see that in supply chains and in inflation. The question for the hon. Member is this: seeing that global picture, are the Government right not to take action, but to add further to the problem? We can see the impact on domestic energy prices, to which we are uniquely exposed because of his party’s Front Benchers. Is that the right course of action, or should we follow the route that the Opposition are putting forward, which I respectfully say is a much better proposition?

We are fortunate to live in a country where we have world-leading industries, but we agree that our productivity has stalled, that too much work is low-skilled and low-waged, and that prosperity is not shared in every community. With the right leadership from Government, I believe that many of our problems and challenges could be overcome.

The Opposition motion clearly sets out the action that the Government could take now: freezing and replacing business rates, saving the average shop or small factory £4,000 this year; alleviating the debt burden on firms, allowing them to pay back some Government loans when they are more profitable; not going ahead with the national insurance rise, which is a tax on jobs for employers at the worst possible time; and introducing a £600 million contingency fund for businesses, particularly in energy-intensive sectors, to address spiralling energy costs.

Where the Government have left the pitch, Labour will back businesses to keep British firms competitive. We need a Government who can match the vision and dynamism of British business, which we are ready to do. Labour is unashamedly a pro-business, pro-worker party. The leaders and entrepreneurs I speak to—[Interruption.] Quiet, Secretary of State! They do not want handouts from the Government; what they want is a level playing field and an environment they can do business in. They want the state to take the long view and provide the foundations that they need for success, and that is exactly what Labour will offer.

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Kevin Hollinrake Portrait Kevin Hollinrake (Thirsk and Malton) (Con)
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As the hon. Member for Bradford West (Naz Shah) knows, I entirely agree with her about the need for an independent Northern Powerhouse Rail that goes through Bradford from Leeds to Manchester. However, I do not agree at all with the shadow Minister, the hon. Member for Stalybridge and Hyde (Jonathan Reynolds). In his motion, he talks about

“increasing energy costs, high inflation, low growth and higher taxes as a result of the Government’s long-term failures.”

I have a great deal of time for him, but he is absolutely wrong on all counts. On energy costs, the wholesale price of gas has increased tenfold in little over a year, but that is an international issue, not domestic policy. I agree that we need to do something about it, but the tenfold increase is principally because of Russia and China, for different reasons.

Inflation is an international issue, too. As I have pointed out previously, the inflation rate in Germany is higher than that in the UK—it is 5.3% compared with the UK’s 5.1%. There is a slightly different calculation for the US, but the rate is 6.8% versus the UK’s 5.1%, so the hon. Gentleman is absolutely wrong again. He is also absolutely wrong about low growth. As my hon. Friend the Member for Grantham and Stamford (Gareth Davies) points out, the OECD says that the UK had the fastest growth in the G7 in 2021, and that it will have the fastest growth in 2022.

Jonathan Reynolds Portrait Jonathan Reynolds
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I know that I am pushing my luck by intervening, but I am sure that the hon. Gentleman will not mind.

This is interesting, because when we had a global financial crisis, I do not remember Conservative Members highlighting global factors as a cause. On that point, he will know that we had the biggest hit in the pandemic; we fell the furthest. When we say that we have a projected high growth rate next year, it is because we are bouncing back. The long-term growth rate for this country is under 2%, and under the historical norm for each of the years that we have forecast for once we have recovered from the immediate hit of the pandemic. That is the point. That will not succeed in sustaining the living standards of this country, and the hon. Gentleman knows that.

Kevin Hollinrake Portrait Kevin Hollinrake
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I agree with the hon. Gentleman on long-term productivity, but that is not what his motion says. It says “low growth”, which is absolutely inaccurate. Let us have some facts in this debate.

The hon. Gentleman is absolutely right on energy costs, and I think that we need to intervene. The Government are not doing nothing. They are consulting now on the right kind of measures—whether it is VAT for consumers, the warm home discount, or direct intervention in the business. It is absolutely right that we consult on those things and look at them properly. There are other issues as well, including labour costs, supply chains and other such things, the vast majority of which are international issues. Yes, of course, there are some Brexit issues, too, there is no doubt about it. [Interruption.] Anybody who voted for Brexit and thought that they were voting for the status quo was not reading the facts properly. The reality is that those things have to be dealt with, but they are short-term issues that will be resolved.

I say to the shadow Minister that it is the easiest job in the world to stand on the sidelines and criticise, which is what he is doing. [Interruption.] He is criticising higher taxes. How on earth would he pay for the huge amount of money that has to go into the NHS over the next few years to deal with the backlog? Would he simply borrow more money? That is what that money is for. There is also the fact that businesses are not even paying the higher taxes yet; they do not kick in until April. Again, the motion is entirely wrong.

Let me turn to what we should do. The motion mentions the reform of business rates; the solution of the hon. Member for Stalybridge and Hyde is absolutely deluded. A sixfold increase in the digital services tax would be passed straight to consumers and would not hit Amazon and others. It is absolutely wrong. He has no long-term detail on how he would reform business rates. In my view, we should scrap the business rates system completely. It is outdated—it is the wrong system for today—and business rates hit not just retail but lots of other channels and sectors. I would scrap business rates completely and find the £30 billion by adding that to VAT, because that would immediately create a fair and level playing field for all businesses that trade through whatever channel.

While the Minister is present, I press him to look at regional mutual banks, which I mentioned at Business, Energy and Industrial Strategy questions this morning. They can have a massive impact in lending to the productive economy to get the growth rate growing to the level we need it to be to pay off our debt.

Lloyds, HBOS and the Cranston Review

Debate between Jonathan Reynolds and Kevin Hollinrake
Tuesday 4th February 2020

(4 years, 10 months ago)

Westminster Hall
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Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.

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Jonathan Reynolds Portrait Jonathan Reynolds (Stalybridge and Hyde) (Lab/Co-op)
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I am grateful, Mr Hollobone, for giving me the chance to respond to this debate. I thank the hon. Member for Thirsk and Malton (Kevin Hollinrake) for securing this debate and the all-party parliamentary group on fair business banking for all its efforts to secure justice for victims of banking fraud and misconduct.

The hon. Gentleman has made clear the significance of the Cranston review in reconsidering the process by which banks compensate business customers where there has been historical misconduct. I add my voice to his. Strangely, this is now a positive story: we finally have the review we all wanted, although the journey to get here has been fairly tortuous.

Everyone here has been involved in these issues for some time. In my time as the shadow City Minister I have had to become familiar with and speak about an appalling litany of complaints about how business customers have been treated, not multinational businesses, but the small businesses that we would all recognise as the backbone of our constituencies and this country. The stories have been of livelihoods and relationships destroyed, and of entrepreneurs and companies losing family businesses they have spent years building.

We are here to discuss Lloyds. The HBOS Reading issues were clearly an issue of criminal liability in that bank. In the wider sector we have discussed a whole range of unacceptable conduct: the mis-selling of interest rates and hedging products, the mistreatment of companies in distress by pushing them into restructuring, and the unscrupulous sales of loan books to vulture funds. That is why the question of how redress happens has become so important.

Research shows that a frighteningly small number of small businesses in this country believe that their bank will do the right thing by them. Given the reports detailing the historical conduct we have discussed, we cannot blame them. We must all improve on that. Whether we are politicians, banks or businesses, this lack of confidence is not in our interest. We need to be able to tell our constituents that there is a level playing field when they find themselves in conflict with their bank, and that there is a path to fairness, justice and proper redress.

Too often, in recent years, the response from banks to us has been, “Systems are in place and we believe they are fair. All the historical issues have been sufficiently dealt with.” This report has shown unequivocally that not to be the case, vindicating those of us who have campaigned in this area for years, particularly the hon. Member for Thirsk and Malton.

It is not acceptable for industry to equivocate on this any longer and, to use the hon. Gentleman’s phrase, to mark its own homework. Key problems identified in the Cranston review include the lack of independence in assessing complaints and the benchmark for compensation being so high that no customer could hope to meet it. It is important that we, as parliamentarians, learn the lessons from these observations and embed those principles in any new schemes. I look forward to the Minister’s response to the review.

There are other avenues we must continue to consider, to get to the root of this problem. I believe we should consider a full public inquiry into business banking scandals. This review is about the shortcomings of one bank compensation scheme, but it emphasises the importance of investigating all areas of misconduct, not just to ensure that victims get fair compensation—that is the minimum—but to identify systemic problems at the root of these scandals, to prevent them happening again. That could be challenging to us as parliamentarians.

I always worry that the model of banking in this country, whether for customers or small businesses, effectively relies on upselling products, so we do not really pay for the cost of our banking services, and therefore we have business models where products must be sold on to banking customers. Perhaps we need to look at that. We must continue to work towards the success of the business banking resolution scheme, to assess how successful it is in addressing these problems.

Kevin Hollinrake Portrait Kevin Hollinrake
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The hon. Gentleman makes a good point about products and services being sold to consumers and businesses. The royal commission in Australia determined that one of the biggest drivers of mistreatment of businesses and consumers was the incentives paid to people at the sharp end to sell those products. The hon. Gentleman is absolutely right. A public inquiry might well identify where this is going so badly wrong.

Jonathan Reynolds Portrait Jonathan Reynolds
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I am grateful to the hon. Gentleman for his intervention. We must look at the issue that he raises. In some ways, we have already addressed some of the things that the Australians had not yet got round to, as the scope was different, but that must be part of the conversation, because we can go back, decade after decade, and find historical problems in the sector. Clearly, something is happening, whether it involves the incentives for staff or the structure of the sector, that we might want to change.

I mentioned the business banking resolution scheme. Historically, I have always supported an independent tribunal system and I still believe that that proposal has merit, but perhaps we need to revisit regularly the BBRS’s work to ensure that it is getting the results that it requires in the timeframe.

My final point is on whistleblowers. Sally Masterton was mentioned. She was treated disgracefully. Other countries have much stronger protection for whistleblowers. I think we could look at that issue. If I were, as I have always wanted to be, in the Minister’s place, responding to the debate, I would want us to take that forward, to ensure that we really had an appropriate system that addressed all the needs.

Finance (No. 3) Bill

Debate between Jonathan Reynolds and Kevin Hollinrake
Committee: 1st sitting: House of Commons
Monday 19th November 2018

(6 years, 1 month ago)

Commons Chamber
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Jonathan Reynolds Portrait Jonathan Reynolds (Stalybridge and Hyde) (Lab/Co-op)
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It is lovely to see you in the Chair, Dame Rosie, and thank you for calling me to speak for the Opposition on our second grouping, which includes clause 89. As the Minister has helpfully explained, this group deals with the operation of tax law in the UK after our withdrawal from the EU, with a consequential set of Brexit-related amendments. This week, we have all seen the complete chaos the Government have unleashed on the country with their disastrous handling of the Brexit negotiations. We are just months away from the UK’s exit, and it seems the Conservative party remains as divided as ever over what to do next. As the Leader of the Opposition explained in his address to the CBI earlier today, this proposed Brexit deal offers no certainty at all and in many ways is the worst of all worlds, offending remain and leave voters in equal measure. So after two years of negotiations, we are teetering dangerously close to a no-deal Brexit, which should simply never have been an option. It would be bad for individuals, for businesses and for the economy, and Labour will do all we can to prevent it.

As we have said repeatedly, Labour wants the Government to negotiate a comprehensive and permanent customs union that gives the UK a say in future trade deals and ensures that there will be no hard border in Northern Ireland. We would protect workers’ rights, block any race to the bottom and negotiate a strong single-market relationship that gives businesses continued access to European markets for goods and services.

I would like to think that we are heading for a more stable time, but that seems unlikely. I was appalled to read press reports at the weekend that Downing Street’s alleged strategy is to encourage a crash in the financial markets should the deal fail to pass through Parliament, to pressure MPs into voting for it a second time. I can only hope that those reports were false. We should never forget that the markets reflect people’s savings, investments and pensions. They should not be used as a political device by the Conservative party.

It is also worrying that the Government are steadfastly using Brexit to substantially transfer powers from Parliament to the Executive. The Opposition have warned about this repeatedly, throughout the passage of each piece of legislation connected to the UK’s withdrawal from the EU. We should be deeply worried about this unprecedented transfer of powers.

We see another example in this Bill. In clause 89, which is rather innocently named “Minor amendments in consequence of EU withdrawal”, Ministers give themselves the power to make amendments to tax law outside the normal due process. Good checks and balances make for good government, which is why the Opposition have tabled a series of amendments that would help to address the democratic deficit that the provisions in the Bill would create, if passed unchecked. We do not believe it is possible to make a democratic case for the transfer to the Treasury of powers to make changes to tax law in perpetuity, which is why Labour’s amendment 2 proposes a sunset clause to the Brexit powers that the Bill will confer on the Treasury. It would ensure that those powers can only be used within two years of the passage of the Bill. Surely that offers sufficient time for the Government to use them as is required.

As the Minister outlined, the Government’s case is that during our withdrawal from the EU there may be a situation in which some elements of tax law need changing urgently or at short notice. However, we do not believe that there is a case for the powers, unless the UK crashes out of the EU with no deal. The agreement of a deal, with an attached transition period, should provide room for preparation, without the need to furnish the Executive with powers to make changes to the law unilaterally.

The number of Treasury-related statutory instruments that are currently being passed to create a new financial regulatory regime proves the point. Although it has been far from ideal for Ministers and their shadows, the use of secondary legislation is an improvement on the taking of such decisions behind closed doors in the Treasury.

Kevin Hollinrake Portrait Kevin Hollinrake (Thirsk and Malton) (Con)
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The hon. Gentleman said earlier that in his relationship with the European Union he would expect to have a say in trade deals by being part of a customs union, but even when we were full members of the European Union and it agreed the Comprehensive Economic and Trade Agreement with Canada, his party refused to vote for that deal in this House. How on earth does he think that that will work on a completely third-party, third-nation basis?

Jonathan Reynolds Portrait Jonathan Reynolds
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I am happy to take that point, which although a little outside the remit of the Bill is none the less interesting. For us, the relationship that we would seek with the EU would be based quite simply on a solid cost-benefit analysis of what is in the UK’s best interests. If we look at the various options on offer, given that half the world is already in a regional trading bloc or a customs union of some sort, it is absolutely clear that what we would risk losing by losing frictionless trade with the European Union would never be gained by external trade deals with the rest of the world. A customs union is therefore the right way to go forward. Were the UK to enter one, we clearly could not have a situation in which we were unilaterally exposed to the deals that the EU did with other countries without having a say, so it is a pretty logical position. That does not mean that those deals would always receive the backing of all parts of this House. Elements of those deals might be unacceptable.

The point about sovereignty, which comes from Brexiteers in the main, is so important, because people say, for instance, “Let’s not do a customs union, let’s do a deal with Donald Trump’s America,” but would our constituents really accept unilateral access to the NHS for American healthcare providers? Of course they would not. Would our constituents accept hormone-treated beef in the supermarkets? Personally, I do not think they would. The question is always about the balance between what is in the proposed economic relationship and the political oversight that should go with it. That position is fairly logical and straightforward.

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Jonathan Reynolds Portrait Jonathan Reynolds
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That is what we are proposing that we would negotiate. That is the entire basis of the proposal. I have no doubt that such an arrangement was on offer and may still be on offer from the European Union. The hon. Gentleman is well-informed and I always look forward to his contributions in these debates. I am sure that he has contacts as we do in other European Parliaments or perhaps in the Commission itself. If he does some investigations, he will see that that was always a preferred option for many people and it is, without question, the right way of going forward for the national interest of this country.

Jonathan Reynolds Portrait Jonathan Reynolds
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We will try one more intervention

Kevin Hollinrake Portrait Kevin Hollinrake
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The hon. Gentleman mentioned earlier in his remarks that a certain deal might be a betrayal of the leave voters. There were plenty of myths flying about during the referendum campaign, but one area that probably was quite plausible was that if we left the European Union, we would be able to do independent trade deals—not through the European Union, but independent bilateral trade deals. Does he not see that his customs union would effectively mean that we could not do independent trade deals and that would be a real betrayal of leave voters who expect to be able to do exactly that?

Jonathan Reynolds Portrait Jonathan Reynolds
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I think quite the reverse. What leave voters were promised was that the economic relationship would not leave anyone worse off and, in effect, would not be ruptured at all. That was the promise made in explicit terms by leading leave campaigners. Where there were concerns that motivated that leave vote, they were heavily about sovereignty and also about immigration. I do not think that the specific trading relationships that this country has with other parts of the world were a particularly paramount issue in the campaign. I know that it is a sensitive issue for leave campaigners to talk about the fact that immigration was a big part of that campaign, but, without question, it was in my constituency. In terms of that future trading relationship, it is by far the best thing to focus on what is simply in the best economic interests of the country once we leave the political side of the European Union with all of the objections that leave voters had to it. I do not think that leaving in such a way that preserves the best of our economy, minimises the disruption and honours our commitments under the Good Friday agreement is a betrayal at all. Many people want to see that economic relationship continue, even if they were of a position and a viewpoint that we are leaving the political side of the European Union with all that entails.

I will now get back to amendment 15, Dame Eleanor, before we are all rightly admonished for straying from the Finance Bill. The measure lays out a stipulation to provide clarity around which powers in relevant tax legislation have been transferred to the Treasury since June 2016 in connection with the UK’s exit. It also covers the powers that the Treasury expects to acquire, and, most importantly, it requires Ministers to set out a timeline for when these powers are to be returned to Parliament—I think the Minister missed off that last point in his speech.

Finance (No. 3) Bill

Debate between Jonathan Reynolds and Kevin Hollinrake
2nd reading: House of Commons & Programme motion: House of Commons
Monday 12th November 2018

(6 years, 1 month ago)

Commons Chamber
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Kevin Hollinrake Portrait Kevin Hollinrake
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My hon. Friend is right. Capitalism depends on a fair and level playing field, and that is not where we are at the moment. As well as the expansion of the Financial Ombudsman Service, which we fully support, our all-party group proposes the introduction of a financial services tribunal that works in pretty much the same way as an employment tribunal. A company could take a bank to court without standing the costs of that bank, with full powers of disclosure, and justice could be seen to be done, which is critical.

Jonathan Reynolds Portrait Jonathan Reynolds
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The hon. Gentleman knows that I share his view on this issue, and I commend his work as chair of the all-party group. There is considerable agreement on both sides of the House that this needs to be resolved, and it is not a satisfactory position. As we have the Chancellor in the Chamber—or we did; he has disappeared—may I ask the hon. Gentleman whether he agrees that the will of the House on this issue should not be underestimated?

Banking Misconduct and the FCA

Debate between Jonathan Reynolds and Kevin Hollinrake
Thursday 10th May 2018

(6 years, 7 months ago)

Commons Chamber
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Jonathan Reynolds Portrait Jonathan Reynolds (Stalybridge and Hyde) (Lab/Co-op)
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It has been a sobering experience to listen to this debate. We have heard so many stories and so much advocacy from hon. Members on behalf of constituents. I commend everyone who has spoken today. I thank my hon. Friend the Member for East Lothian (Martin Whitfield) and the all-party parliamentary group on fair business banking for securing this debate on a topic that continues to be of such critical importance.

In my remarks I want to restate the Opposition’s support for a full public inquiry; talk a little about the current inadequacy of the regulator and the section 166 procedure; state why an independent mechanism of redress for business is clearly required; and say why this is in the best interests not just of customers and the country, but of the banks themselves.

This debate shows that the issues around the relationship between banks and their business customers are not fading, diminishing or going away. Rather, in recent weeks we have continued to hear yet more appalling revelations about the way in which RBS’s Global Restructuring Group treated its customers and stories of how that had spread to other financial institutions, too. Following the efforts of my hon. Friend the Member for Norwich South (Clive Lewis), we can now read the full section 166 report on the conduct of the GRG unit. The extent of the inexcusable behaviour revealed in that report is truly shocking. The purchase of the assets of distressed businesses, in some cases by RBS staff themselves, illustrates just how deeply the conflicts ran within GRG. Clearly, certain bank employees felt that they could act with total impunity towards their customers, and that cannot be acceptable.

We are all aware that the complaints process is ongoing between RBS and its former business customers who were the victims of GRG. However, I echo the call made by my hon. Friends the Members for Norwich South and for Sefton Central (Bill Esterson) in the debate that took place earlier this year in saying that this issue demands a full, independent public inquiry. Given the revelations exposed in the section 166 report, there must be a comprehensive examination of whether criminal liability has occurred, and those responsible must be held to account. In addition, given that certain individuals involved in GRG’s management continue to work in senior positions within British banking, surely an objective assessment should be made as to whether those people are fit to do so.

I am afraid that the Government’s response on this has so far fallen short—for instance, in the Treasury’s repeated cut-and-paste responses to the numerous parliamentary questions tabled by my hon. Friend the Member for Sefton Central since December 2017. The Treasury has simply deferred the issue time and again, saying that it is impossible to comment while the Financial Conduct Authority’s investigation is ongoing. Will the Minister please acknowledge today the strength of feeling in all parts of the House?

Another key issue is the effectiveness of the existing system—in particular, the use of section 116 reports and whether that is entirely appropriate to deal with these cases. A section 116 report, or skilled person’s report, is conducted by a third party appointed by the Financial Conduct Authority. The cost is met by the subject of the investigation, and it can range from hundreds of thousands of pounds to millions of pounds, but the reports remain entirely confidential. This lack of transparency is not good enough.

Kevin Hollinrake Portrait Kevin Hollinrake
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The hon. Gentleman mentioned executives from RBS who are still earning large amounts of money within the financial services sector. Is he aware that Nathan Bostock, a senior director within GRG, currently earns £1.6 million as chief executive of Santander and £1.8 million a year from RBS as part of his payoff?

Jonathan Reynolds Portrait Jonathan Reynolds
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I am grateful to the hon. Gentleman. These are the questions that need answering. People have told me that they worked for RBS and left because they were unhappy with the conduct of the bank. Surely they should also be allowed to put their case in a proper way.

Returning to the confidentiality of section 166 reports, I have to put on record the disquiet, certainly among Opposition Members, about the discrepancy between the FCA’s summary of the investigation into GRG and the actual report in terms of the former’s heavily sanitised nature. Now that the report has finally been made public, we can fully witness the extent to which relationships with business customers were abused. Under normal conditions, however, the report would have remained confidential. That cannot be appropriate, because it furthers the perception that the odds are stacked against businesses. We need processes that are transparent and fair, and command the confidence of everybody. We also need to look at who is asked to undertake these reports and any conflicts of interest that they might have.

As many Members have pointed out, small businesses are the backbone of our economy. If they cannot trust the financial institutions that are meant to serve them, we are all going to pay the price for that. Statistics show that up to half of all SMEs are non-borrowers, although we do not know whether that is because they do not feel they can trust their banks or simply feel too anxious to expand by taking on credit. As a country, we all acknowledge that we need to offer those businesses the right incentives and support to grow. We need to solve this crisis of trust in business banking. An independent arbiter who can fill the gap between the Financial Ombudsman Service and the full legal route for redress is a minimum sensible starting point for consideration. We await with interest the outcome of UK Finance’s independent review, chaired by Mr Simon Walker, of complaints handling and alternative dispute resolution for SMEs, which could provide a steer.

However, I do not believe that this industry can be allowed to self-regulate, and that is why an independent platform must be considered. Like many Members who have spoken today, I believe that the restoration of trust in business banking is essential, but it will not come without the Government taking decisive action. A public inquiry, redress for victims, accountability for those responsible and a new independent system of redress are surely the right places to begin.