Touring Musicians: EU Visas and Permits

Debate between Julian Knight and Robert Neill

Thursday 18th November 2021 Westminster Hall

[Julian Knight]

I thank my hon. Friend the Member for Somerton and Frome (David Warburton) and the Mother of the House, the right hon. and learned Member for Camberwell and Peckham (Ms Harman), for securing the debate. I concur entirely with her speech, which was conciliatory and thoughtful. I hope that the Minister takes that tone away from the debate: it is not a party political matter, but a matter of looking after our constituents, our wider cultural impact and, frankly, global Britain. Without these industries, we are not global Britain anymore.

I will make some brief observations. We have heard about the enormous flurry of paperwork and the unworkable and patchwork system that is in place. The Select Committee has been aware of the issue for a long time. We invited Lord Frost to appear before us at the start of the year, but he refused. It was only after pinning the Prime Minister down in the Liaison Committee on 24 March that he said Lord Frost will appear and we will get this sorted. Lord Frost eventually appeared in June or July after avoiding the Committee for a long time, but in that whole time, there have been only four official bilateral meetings, one of which was on the morning of his appearance by some strange coincidence—that is one every two months.

I know that conversations have taken place, however, and that the Minister’s predecessor, my hon. Friend the Member for Gosport (Caroline Dinenage), was, after initially trying to get her head around the issue, committed to it. She told us some good stories about how she would track people down at conference and try to have conversations, but there was always a feeling that there was a road block in the shape of Lord Frost.

It seemed that the issue was being drawn into the general feeling of antagonism between us and the EU, which was unnecessary. This is not a confected row to bring about a Jim Hacker sausage moment in politics in terms of the Northern Ireland protocol. That should have nothing to do with this issue, which is about people’s livelihoods and our place in the world.

It is utterly farcical that we are 20 miles away from Europe and yet, in the case of at least six nations, we have the same rights of travel and access for brilliant creatives—not just musicians but whole swathes of people across industries—as people coming from the Cook Islands on the other side of the world. That is a ridiculous situation.

I say to the Minister that she is pushing at an open door. Provided that we keep the issue out of the mess that is going on with Northern Ireland, which I believe we can, there is an enormous willingness across the EU to talk to us bilaterally, because they also want our talent there—they miss it. We have such a fantastic reservoir of talent. They want people to be there and to enjoy that cultural exchange. My hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill) spoke about opera. I was talking to a lady who is one of the world’s leading lights at the Vienna opera house. She is struggling to get work there. This is a person of such huge, global talent that she is called upon everywhere.

[Sir Robert Neill]

My hon. Friend makes such an important point. We forget just how significant the status of British artists is in the opera field—not only the leading stars, such as he refers to, but the young singers who cut their teeth in the repertoire houses in Germany and the festivals in Europe. They are losing out because of an inflexibility and a lack of joined-up Government between the Department for Digital, Culture, Media and Sport and the Cabinet Office, and that has to change.

[Julian Knight]

My hon. Friend is singing from the same song sheet as I am. There is perhaps a misperception—we often talk about this on the Select Committee—of the importance of DCMS to our economy. My hon. Friend the Member for Somerton and Frome referenced it, but to put it into real figures the DCMS sector is worth 23% of the economy. The Government are around 40% to 45% of the economy—it depends on where one is in the United Kingdom. DCMS is 0.5% of Government spending. When it has a few million quid, it has to go the Treasury—it is in the same building—and say, “Please can we do this?”

There is an idea within Government, and has been, I would say, for many years, that these industries are mendicants, always asking for hand-outs. That may be true of the Royal Opera House, but our creative sectors are the model of leanness and competitiveness. They have learned to survive without hand-outs over a long period. My view—this may be where I depart from Opposition Members—is that that has been of enormous benefit to their long-term health and robustness, but they cannot deal with the red tape and the lack of access and ability to work. I am a free-marketarian. This is not a free market because of circumstance and perhaps a lack of focus and will in certain parts of Government, though not within DCMS.

We have allowed a situation to occur where we are helping to damage industries in which we have a competitive advantage. There is an economic law of competitive cost advantage. The reason why we are really good is because we have the English language and a great history of creativity. We should invest in areas where we have a competitive cost advantage. We no longer have one in many industries, but we do in this one. Without the music industry and film production, the UK economy, pre pandemic, would have been in recession for four of the previous six years. That is why it is vital that we get this moving, because we will discover the damage that has been done only when it is too late.

There also may be a bit of sniffiness about the industry. We all remember during the pandemic the quickly withdrawn advert showing a ballerina whose next job was as an IT consultant. I am not dissing IT consultants, but being a ballerina is fantastic, top of the tree, and something that we should be proud of in this country. There are Members in the Chamber who really want to work with the Minister and see this happen, because we care about our constituents and our country, and we know that these are areas in which we can have genuine advantage and push ourselves forward. We have effectively given them a no-deal Brexit. We now need to mend that by dealing with the cabotage through the EU and having bilaterals to get this sorted.

Divorce, Dissolution and Separation Bill

Debate between Julian Knight and Robert Neill

2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons
Tuesday 25th June 2019 Commons Chamber

[Robert Neill]

It is a pleasure, as always, to follow my hon. Friend the Member for Congleton (Fiona Bruce). She made a heartfelt speech. I know that this is a matter on which she feels very strongly. It is an issue to which I myself have given considerable thought. It is sensitive and important, particularly for those who have a faith and regard marriage as a sacrament as well as a legal contract.

I look at this issue from the point of view of someone who happens to be a practising Anglican, as someone who has for 25 or 30 years been a practising lawyer—not predominantly in the field of family law, although I did practise family law to some degree in my earlier days—as someone who served as a councillor in a local authority, and as someone who has the honour of serving as Chair of the Justice Committee. I have had the chance to see the issue from a number of points of view and I have come to a different conclusion from my hon. Friend. I do not say that with any disrespect for the strength or genuineness of her feeling; I am just persuaded, on balance, that the Secretary of State is right and that the evidence points quite clearly to this being an appropriate and necessary reform.

As Chair of the Justice Committee, I have had the opportunity to engage with leading members of the judiciary, particularly, in this context, with those of the family division. It is the overwhelming view of family practitioners, including solicitors, barristers and senior judges, that the current arrangements, which require fault to be used as a proof of irretrievable breakdown, do not work satisfactorily and do not achieve what is ultimately the necessary objective of enabling people whose marriage has sadly broken down irretrievably—I suspect that none of us want that to happen when we embark on a marriage, but it does happen in some cases—to leave their marriage with a measure of dignity and to do so in a way that enables the important issue of financial fairness to be resolved, and, in the case of children, to enable civilised and caring arrangements to be made for them and their children. That, ultimately, must be the chief and principal objective.

[Julian Knight]

My hon. Friend gets to the heart of the matter: the fault aspect. What persuades me is that the requirement to assign fault can itself be a polluting element within the divorce or separation process. It may actually make what could be a more amicable separation more poisonous and more difficult when it comes to discussing other matters such as finance.

[Robert Neill]

I agree and that was certainly my experience as a lawyer. That is the experience of the majority of practitioners and the majority of the judiciary to whom I have spoken. When I started my practice at the Bar, the Divorce Reform Act 1969 was comparatively recent and the law was developing. There was an issue then and it has remained a constant. There is an underlying risk of tension and antagonism in the course of family proceedings, which spill on from the divorce itself into the proceedings thereafter, which, for the future, are very often much more important. I very much take on board the point my hon. Friend the Member for Congleton makes about the value to society of stable marriages—indeed, the value to society of stable relationships of any kind. If I thought that the Bill would seriously harm that, I would take a different view towards it, but I do not think that and the evidence does not suggest that that is the case either.

--- Later in debate ---

[Robert Neill]

As an Anglo-Catholic, I take the hon. Gentleman’s point about the sacrament strongly, but I do not believe, in societal terms, that it makes very much difference. In truth, many marriages are not in entered into in a religious context. The weight that is placed on the sacrament, even with those of faith, may vary. Perhaps it should not, but I think that is the reality. For those for whom it is important, it will be a difficult personal decision, as it has been for friends of mine for whom the end of their marriage was very difficult indeed. None the less, they thought it was appropriate to recognise what had happened and to make a break. It is a profound point for those of faith, but I do not think it is an argument against the Bill, as I think the hon. Gentleman agrees.

We also have to bear in mind the suggestion that there might be manipulation of a vulnerable party. I take that seriously and it has been raised by a couple of constituents of mine who think carefully and closely about these matters. However, my experience and all the evidence seem to suggest that the greatest risk of manipulation and pressure being put on a vulnerable party is during the period when the marriage has broken down and people have to wait perhaps for two or five years, especially if, as hon. Members have observed, they are obliged for financial or childcare reasons—or a mixture of both—to continue to live under the same roof. That is the point at which the vulnerable party is often most at risk.

It is perhaps significant that the study, “Finding Fault?”, points out that, at the moment, the system is to some degree “manipulated” by fault being used as a ground to speed up divorce. It is not that the marriage has not broken down, but that it is quicker for someone to get divorced if they allege fault than if they wait two or five years. That can have perverse consequences: people have to say hurtful things against the party with whom they are still living and attempting to bring up their children, so that they can speed up the divorce that they both know is inevitable. I cannot see how that benefits society or, for those of us to whom this is important, a Christian ethos for that family.

[Julian Knight]

My hon. Friend is absolutely correct and makes another persuasive point, because it means that a divorce is based on a lie. Frankly, we should not have any lies in a legal process. Years ago, I remember reading Evelyn Waugh’s “A Handful of Dust”, in which a character has to abscond to Brighton, seemingly with a woman, to provide the grounds for a divorce. This stuff is from 40 or 50 years ago and is nonsense. We need a bit more honesty in the process.

[Robert Neill]

I take my hon. Friend’s point. My pupil master, when I started at the Bar, had practised in divorce work under precisely those arrangements prior to the 1969 Act. They used to get what was called “ordinary hotel evidence”, which was an affidavit from the chambermaid or the waiter, who happened to have taken breakfast in bed to a couple. That was a pretty demeaning way of having to go through a legal process and it was rightly got rid of, but at the time, people genuinely thought that that might undermine marriage. It did not, of course, but that is the sort of thing that we have all recognised we need to move on from, and this is just a further adjustment.

There is another serious point about the inability of a party who feels aggrieved by the behaviour of their husband or spouse, who might have left them, to have the ground on the record. With respect, that misunderstands the legal test, which has always been, and continues to be, that the marriage has irretrievably broken down. That is not changed by the Bill. The question of behaviour and conduct is relevant only as one of the facts that is relied upon to support the ground for divorce, which is the irretrievable breakdown of the marriage. Moving to a single approach to that—the service of the petition, or the application—simplifies that and does not change the legal test.

Although it is tempting to think that an aggrieved party can get their hurt and concern on the record, it is not relevant as a matter of law because there is no causal connection between the conduct and the ground for the dissolution of marriage, and there never has been since the 1969 Act came into force. It also has the detrimental effect of creating a much more antagonistic attitude, because, first, there is good evidence that people game the system and will exaggerate behaviour to speed up the divorce, and secondly, this clouds the subsequent relationship as parties work out the consequences of the breakdown for finance and families.

It is important that the financial protections for a vulnerable party are specifically preserved under paragraph 10 of the schedule to the Bill, which maintains the existing arrangements. For those concerned about this, it is worth noting that in making a determination on financial arrangements,

“the court must consider all the circumstances including…the age, health, conduct, earning capacity, financial resources and financial obligations of each of the parties to the marriage”.

The suggestion that the change in any way undermines the protection for a vulnerable spouse during a divorce is simply not borne out by that measure, which preserves in the Bill exactly the same test that we have in the current law. I hope that that reassures people who are understandably concerned about that point.

That leads me to my final point, which my hon. Friend the Member for Solihull (Julian Knight) rightly raised: we cannot really justify a legal process that encourages people to be untruthful. That is what is happening and what has been attested to by the judiciary at the highest level. The late, much missed Sir Nicholas Wall, the former president of the family division, spoke on this during his tenure in office. His successor, Sir James Munby, one of the most experienced family division judges of his time, has spoken very bluntly about a system that involved hypocrisy and a “lack of intellectual honesty”. To go back to my hon. Friend’s point, Sir James referred to the “‘hotel divorce’ charades” that had been played out in the past. If there is collusion, it is the collusion that is sometimes needed by parties to invent conduct to speed up the divorce rather than waiting two or five years. Somebody may, for whatever reason—because the marriage has been breaking down for a long time—already have a new partner and there may be a new family on the way. One may or may not approve of that, but it is a reality of the world, and we have to have a justice system that recognises it and enables the best outcomes for that world rather than creating an obstacle.

Lady Hale, the president of the Supreme Court, said that the system is misleading because, as she put it, the

“fact used as the peg on which to hang the divorce petition may not bear any relationship to the real reason why the marriage broke down”.

If we are going to tackle marriage breakdown, as I believe we should, we should put the emphasis and resource into intervening much earlier to prevent the breakdown and not to involve a charade, in some cases, at the end of the divorce arrangements. I agree very much with the observations on that from my hon. Friend the Member for Newton Abbot (Anne Marie Morris), who is not in her place. I would also make the case that if there is an area where funding can be made available to restore elements of legal aid, compelling evidence to the Justice Committee has suggested that early advice on family matters should perhaps be the highest priority for its use. I know that the Secretary of State is someone who will be driven by the evidence when he considers those matters.

The person who perhaps clinches it for me—this is important because of his background—is Sir Paul Coleridge, to whom I have already referred. For many years, he was a family division judge, who practised throughout his professional career in family division work. He is also a practising Christian. Against that dual background, he has come to the view that the law requires reform and that the removal of the fault requirement would be a positive benefit and an advantage. He supports the change on that basis. He said that nowadays, most regard the delays under the current system as

“an intolerable block on their ability to move on with their lives. So to get around the delay they invent allegations to satisfy the court and enable it to turn a blind eye to what is really going on.”

Sir Paul also tackles the issue of divorce rates. He says:

“Since 1970 the divorce rate has fluctuated”—

he practised for a great deal of that time—

“For some periods it has gone up and for other periods, including now, it has dropped. There is simply no discernible connection between the type of divorce process and the rate of family breakdown. The two are unconnected.”

I have been driven by the evidence to agree with him. I hope that we make much more effort to deal with family breakdown, but changing the process is not going alter that situation.

Sir Paul also says:

“We now have a system that drives people to lie to the court if they are not prepared to wait for two years or longer. That is wrong.”

That must be right. He ended what I think was a very thoughtful piece with the following remark:

“An intelligent process to end unsustainable marriage is good for the reinvigoration of the most important social arrangement yet devised for mankind.”

That is a broad and Christian view of the matter, and a socially and legally informed one, and I commend it to the House. It is the reason I support the Bill.