(2 years, 4 months ago)
Commons ChamberAlong with Mr Speaker and Mr Deputy Speaker, I have been in a similar position in Lancashire with the A&E unit under threat at Chorley and South Ribble Hospital. Contrary to the hon. Gentleman’s point, I have found that even with a meeting with the Speaker and Deputy Speaker of the House and the Health Secretary, and with a very compelling case as to why the local trust has made the wrong decision, there is nothing in law to allow them to do anything about it. I therefore very much welcome the amendments to ensure that local bureaucrats are not too tied in.
I really do understand the hon. Member’s point. She would like to be able to save her services and lobby her colleagues in Government to make those decisions, but—speaking from experience—saving our accident and emergency department was not about using politics or political pressure to change the decision. Public support was really important and we did our fair share of parliamentary petitions, marches and everything we could to keep the pressure up, but in the end it was about the evidence base that we put together to save the department.
When it comes to matters of clinical provision and of providing the best services for patients, clinical factors have to be paramount. I worry about how decisions turn into a political football either side of a general election and become a party political knockabout, when the primary consideration should be patients’ safety and concerns. Although I have cited an example in which saving our A&E was the right decision, I can think of cases right across the country in which communities feel very strongly, and we understand why, but passion, emotion and sentimental attachment to particular services do not always align with the clinical interests of local populations. Patient safety and evidence must come first. I really worry about the introduction of a party political knockabout in that context.
Ministers have argued that the new powers are necessary to ensure democratic oversight of health service decisions, but the existing system allows appropriate democratic oversight and allows contentious service change decisions to be resolved. I do not believe that the wholesale upheaval of the system and the introduction of sweeping new powers for the Secretary of State are justified.
Let me now deal with some of the other amendments— very briefly, as I am conscious of time. We support Lords amendment 48, which requires the Secretary of State to ensure that health service procurement does not violate the UK’s international genocide obligations. The amendment is consistent with the UK’s obligations under the convention on the prevention and punishment of the crime of genocide.
Lords amendment 89 deals with a related issue, prohibiting organ tourism involving both forced organ harvesting and black market organ trafficking. We welcome this change in the Bill, which amends the Human Tissue Act 2004 to prohibit UK citizens from travelling to countries such as China—although the wording of the amendment is not country-specific—for the purpose of organ transplantation. The restrictions are based on ensuring that there is appropriate consent, no coercion, and no financial gain. In some parts of the world, organs are not given freely but are taken by force, and we must bear that in mind in the drafting our legislation.
Lords amendment 57 is intended to retain the current safe haven for patient data
within NHS Digital, and to prevent NHS England from taking on responsibility for it. Keeping patient data safe is important. It can be powerful when it is used well, and has enormous potential for better population health and better clinical outcomes in individual cases, if data is used wisely, safely and ethically. The amendment will keep statutory protections in place for a patient data “safe haven” across health and social care, required for national statistics and for commissioning, regulatory and research purposes. It also ensures that NHS England does not take on this responsibility, because of a potential conflict of interest in its role.
Lords amendments 42 to 46 deal with procurement. We welcome these changes. The years of the pandemic have also been years of crony contracting. After the scandal of billions in taxpayers’ money being handed out to mates for duff PPE and testing contracts, and PPE literally going up in smoke—along with taxpayers’ money—we hope that this is the start of Ministers’ looking again at where they went wrong during the pandemic.
This afternoon the House faces a simple choice. We must decide whether we are going to be honest with ourselves, with the NHS and with the country about the genuine staffing challenge in health and social care—and whether we are going to have a more responsible and grown-up political debate about how we meet that challenge—or whether we prefer to be the ostriches of the Treasury, with our head in the sand, pretending that these issues will go away, hoping for the best, hoping to squeeze a bit more efficiency out of the NHS through new efficiency targets. That really will not cut it. The recruitment of staff already announced by the Government really will not cut it.
For as long as we allow this situation to continue, patients will wait longer. They wait in agony. Their health outcomes are worse, and they lose confidence in the national health service. It is the greatest institution that this country has ever built, and it is going through the greatest crisis in our history. Let us be honest about that—with ourselves, with the NHS, and with the country—and support their lordships in their amendment.
(3 years, 6 months ago)
Commons ChamberThis is a very important question. Although I am incredibly proud of the UK vaccine roll-out and very pleased that we bought early so that we have access to the supplies of 407 million doses, we are also deeply aware of our international obligations, with the provision of the Oxford vaccine to the world, but also the financial support essentially through COVAX and GAVI, to make sure that people across the world have access to this vaccine. It is not “either/or”; it is “and”. Although my first priority and responsibility as UK Health Secretary is to ensure that the UK has access to this vaccine, this disease has demonstrated that it does not respect international boundaries and it is important that everywhere gets access to the jab.
The variant of covid that was first identified from South African samples has been found within the PR9 postcode. That postcode covers the town of Banks, which is within South Ribble in Lancashire. There is understandable concern among residents and a celebratable desire to do the right thing. Can my right hon. Friend offer any reassurance to the residents so close to Southport, and set out what they can do with testing, for example, to do the right thing in this situation?
Absolutely. Sefton Council leads on this particular outbreak, but I understand that there are some residents in Lancashire who are in that postcode area. The website sets out where the door-to-door testing will cover and the activities that the council is leading on, working with us, making sure that we get testing as broad as possible.
If you are in the PR9 postcode area, or any of the other postcodes that I set out yesterday, it is very important to be especially vigilant. It is imperative to stay at home unless it is absolutely essential that you leave home. I understand the concern—of course I do—but the reason that we have been so clear that these are the postcode areas is that we do need people to take action to limit the community spread in the vicinity of the cases that we have found.
(3 years, 7 months ago)
Commons ChamberI shall heed your remarks, Madam Deputy Speaker, and try to keep my contribution short. In truth, I have not been involved thus far in this Bill, but I am my party’s defence spokesman and I therefore take a view on it.
Given the constituency I represent at the very top of the British mainland—north coast, east coast and west coast—I intuit from what I see that the Russian navy is no stranger to those waters. Therefore, the defence of the realm is in my mind personally as well as in speaking in the Commons. As I have said many times before, we do, alas and alack, live in a world where there are states that are not about the best interests of the United Kingdom. As other speakers have said, we see the Chinese threat and we see the Russian threat. It is within that context that I say what I say.
I want to make three or four very general points; as I say, I will try to be fairly speedy. The first is about the amendment that seeks to place an annual security report before the Intelligence and Security Committee. Yes, we have heard that the Government are proposing to bring in something similar to this amendment in the upper House, but it would be no bad thing for us to agree on it at this stage, and then let us see what the Government come back with if they decide not to accept it. In recent days, we have seen on the other side of the Atlantic the whole notion of parliamentary democracy come under some challenge. Here in the mother of Parliaments, the idea of Parliament as supreme and of reports brought back to Parliament is very much a part of our democracy. It is a vital mechanism in securing the way we do things nationally and our freedoms.
On the Chinese point, the sale of DeepMind to Google, and Arm, which will go to NVIDIA in due course, is regrettable, to say the least. Let us make no mistake: this is a quite deliberate act by China and other Governments who are hostile to us. At the end of the day, there are front organisations that are trying to get a grip on cherry-picking those parts of the British economy that are fundamental to our workings. That is extremely dangerous, to say the least.
The scope of the public interest test is important to the Liberal Democrats, as we have been saying for a long time. First and foremost, this Bill, which I support entirely, is important to the safety of the realm—to protecting British interests—but at some stage I would like the public interest test to be broadened out. Mention has been made of China. We know how incredibly badly the Chinese are treating their Muslim minority in the west of the country. It amounts to something approaching genocide: let us not muck about with this. When companies buy up a British company or business, I would like the public interest test to be applied, for instance, on child labour and on modern slavery. The trade deals should be examined in that context as well. At the end of the day—we have said it many times in the House of Commons and the House of Lords—we disapprove entirely of the way in which the Chinese have treated the Uyghurs. We have to try to take action to try to influence that. If we can stymie a trade deal on that front, that might be a very good move for the future.
I have discovered—it is a curious factor during my three years in the Commons—that on defence matters there is often broad agreement across the House, which is very encouraging. The idea of constructive opposition is important, and what comes back from the upper House will be of extraordinary interest. I hope that the lesson has been learned, and that when the Bill is enacted there will be a sensible approach to stopping the repetition of DeepMind and the sale of Arm. I give huge credit to the Chairmen of the Foreign Affairs Committee and of the Intelligence and Security Committee, who have worked assiduously, as have their Committees, on a cross-party basis, to protect the best interests of our nation. There I shall conclude my remarks.
I join the hon. Member for Newcastle upon Tyne Central (Chi Onwurah) in paying tribute to all the members of the Bill Committee. The room may have been cold but, to be fair, the debate was not. I extend my thanks not only to the Front-Bench spokespeople but to all the Clerks and everyone who made that happen.
What occurred to me as I shivered, with the Thames windows open in the Committee room, was that, as my hon. Friend the Member for Tonbridge and Malling (Tom Tugendhat) pointed out, this is flipping important, but there is a risk of it becoming dry and remote. I hope that the House will bear with me if I try to bring it to life for people who spend the day on their phone and are not aware of some of the business takeovers that have occurred or of the actions of foreign states that are hostile to us.
I want specifically to speak to new clause 5 and the attempt to seek clarification on the definition of national security. In the spirit of clarity, let me take a step back to take a step forward. What does the Bill do? It enables us to catch up with nations such as America, Australia and Canada, in protecting us from threats from people overseas who try to use business and ideas, candidly, to do us harm. It gives us a legislative framework to address that, and I echo the comments of many Members to put stickers on how important that is.
The Bill gives the Government powers to investigate properly business deals that look a bit fishy or are much worse than that. National security can sometimes end up sounding like that bit in “Men in Black” where, all of a sudden, the sunglasses go on and the pen comes out. What does it mean? To me, it is not a static thing or concept—it is a fast-changing world. In seeking to define it, as new clause 5 does, we risk flagging to our enemies what the “it” of national security is, thus making a big pointy arrow saying, “Go and over there and do this, because we are not thinking about that as a Government at the moment.” The Government need flexibility to be nimble as threats evolve.
To explain that, let me give a hypothetical example. A small firm is curating a TikTok feed and videos on its channel, gaining ad revenue. It is not a huge business—a couple of people—but it is doing quite well. Those videos are funny and political, and are often further left of centre than me. They imply that I, as a Conservative, have only awful motivations for the decisions that I make in this House. Well, such is life. This is the lot that I picked, though, as an aside to the youth of today, I would like to point out that if they are getting their messages from people who are only giving them one side of the story, they should think about it quite hard, because there are always two sides to the story.
(3 years, 8 months ago)
Commons ChamberI understand the yearning for a vaccine among school staff, and of course it has to be clinically led. The goal is to reduce hospitalisations and fatalities from this disease as quickly as possible. I am absolutely delighted by the community testing roll-out and the roll-out of testing to schools in the hon. Gentleman’s patch. I thank him for the leadership he has shown locally, and I encourage that.
Lancashire’s community testing is really starting to ramp up and rapidly increase, and I thank the Secretary of State for that. Prioritising tier 3 areas, such as parts of Lancashire that have been in restrictions since July, is really important. Does he agree that community engagement and getting a test with the increasingly available community testing is the thing that gets us all out of tier 3 in South Ribble, Chorley and West Lancs?
(3 years, 8 months ago)
Public Bill CommitteesMy hon. Friend makes an important point about the overall effect that shining a light on proceedings, and accounting for them, will have. She emphasises that it will be important for small businesses—I will come to the mechanisms by which this might be done—to see how effectively things are run and organised, ideally in their own interest when it comes to the question of turnaround in proceedings. I quoted one expert witness, but a number of them emphasised the point about turnaround and the problems that might arise for small businesses as a result of lengthy periods of consideration.
My hon. Friend emphasises what I want to emphasise, which is that the report under clause 61 does not enable anyone to assess efficiency and effectiveness. A reader of that report could look at what has occurred and what numbers have gone out, but it would not allow them to consider the efficiency with which those numbers have been arrived at. Our amendment would make that possible. The report under clause 61 would be on the numbers, but the amendment would make it much easier for a reader of the report to interrogate the numbers, and it would therefore add quality to quantity.
The hon. Gentleman mentioned quality and quantity. I have been reflecting on the fact that today is a relatively momentous day, with the first vaccines going into arms. The Committee is lucky enough to have with us the Minister, who has probably been up all night doing that. Although I appreciate that I am not quite speaking to the amendment, I wanted to talk about the quality and quantity of vaccination and of the Minister’s time.
(3 years, 8 months ago)
Public Bill CommitteesAmendment 17 addresses the unwinding of void transactions. Clause 13, which is the start of chapter 3 of the Bill, is concerned with the approval of notifiable acquisitions. It provides that:
“A notifiable acquisition that is completed without the approval of the Secretary of State is void.”
It is a short clause with only three subsections, of which that is the first. Subsection (2) says that the Secretary of State may approve a notifiable acquisition by giving a notification, making a final order, or giving a final notification under various clauses. Subsection (3) says:
“A notifiable acquisition, in relation to which a final order has been made, that is completed otherwise than in accordance with the final order, is void.”
I want to emphasise the consequences and impact of such a short clause. Our amendment adds a new subsection that says that the Secretary of State must publish guidance that covers
“consideration of the impact of a notifiable acquisition being deemed void…with particular regard to…consequential obligations, liabilities and rights in completed events;…who constitutes a ‘materially affected’ person…and…the informational and evidential standards that would underpin the requirement for completion ‘in accordance with the final order’ at subsection (3).”
The amendment effectively mandates the Secretary of State to publish guidance on how the mechanism of deeming non-compliant transactions void would work in practice. Once again, we tabled it genuinely in the spirit of improving the Bill, because this issue is potentially a hugely significant part of it. The two words “is void” have a huge impact, which needs to be unpacked. This is a constructive amendment; we want to ensure that there is clarity for small and medium-sized enterprises, and accountability to Parliament, on how the new powers will be exercised.
I know that the Minister rejected further new powers in the last amendment, but even without them these new powers are significant. We welcome the expanded powers to tackle national security concerns, but we need to ensure that they come with accountability and guidance. The ability for transactions to be deemed legally void where they have not been approved by the Secretary of State, or where they have not complied with the Secretary of State’s final order, has potentially huge repercussions. Again, it marks a radical shift from today’s regime under the Enterprise Act 2002 and from the Government’s White Paper.
Under the “legally void” provision, transactions that took place three to five years ago could now be immediately deemed void. If the first transaction in a chain were deemed void, that would leave the legal rights and entitlements of all subsequent transaction parties in total uncertainty. That is not just a theoretical concern that we are raising to test or probe the Bill, but a truly practical one. A number of investment transactions involve a change of shareholder parties over a three to five-year period. The automatic default of non-compliant transactions becoming void would mean an impossible series of rights, entitlements and changes having to be unwound. It may well be practically unworkable and legally uncertain.
I appreciate the point that the hon. Lady is making, in that transactions over a period of three to five years could become complex, but surely if something is called in and deemed void in the overriding interest of national security there will be an extremely good reason for it. Although the complexity of downstream transactions is regrettable, we would be acting in the British interest if we had to trigger these powers.
I thank the hon. Lady for her intervention, which by and large I agree with. That is why we are not seeking to remove the power, but to ensure that the Government and the Secretary of State explain how it would work in practice. She is right that if a bad or hostile actor has deliberately gone behind our national security framework, or the legislation as set out in the Bill, to undertake a transaction, the consequences will be on their head. However, there might be a series of other transactions as a consequence that were not made by bad or hostile actors—I will give some examples—and the impact on them should be set out, as far as possible, to give some clarity, because this is a huge area of uncertainty.
As has been stated on a number of occasions, we attract more foreign investment than any European Union country, and one reason why the UK is such an attractive location for foreign investment is that we have a robust legal framework that is trusted globally, but by giving rise to uncertainty the clause might impact that. We are not seeking to remove this power, but to have it properly explained, as far as possible.
(3 years, 8 months ago)
Public Bill CommitteesI ought to explain to the Committee that the Opposition are under some multi-tasking pressures this afternoon, Mr Twigg. I should have been in the previous debate in the main Chamber on the future of coal, in my role as energy Front-Bench spokesperson for Labour. I managed to factor that job out to somebody else in order to be here in the Committee this afternoon, and I am sure that the Committee is delighted to hear that. Unfortunately, there was no such luck for the shadow Minister, my hon. Friend the Member for Newcastle upon Tyne Central.
I thank the hon. Gentleman for highlighting that our time is precious in the House. I, too, was hoping to be in the future of coal debate, to highlight the importance of the West Lancashire light railway. I thank him for bringing it to the attention of the Committee.
(3 years, 8 months ago)
Public Bill CommitteesAnother excellent contribution from my hon. Friend, who raises a delicate, nuanced, important point. Governments of all colours may have trade and geopolitical agendas that lead to, as my right hon. Friend the Member for North Durham (Mr Jones) described it, a “hug a panda” approach, whereas the ISC, which we have seen mark its independence of thought both as a Committee and in its contributions in parliamentary debates, has a duty, a responsibility and an understanding to see beyond short or even medium-term political ambitions and to focus wholeheartedly on the security of our nation. That is where its support is invaluable.
I will finish my comments on the amendment by quoting some of our parliamentary colleagues with regard to the Intelligence and Security Committee. On Second Reading, the Chair of the Select Committee on Foreign Affairs, the hon. Member for Tonbridge and Malling (Tom Tugendhat), said that
“there is a real role for Committees of this House in such processes and that the ability to subpoena both witnesses and papers would add not only depth to the Government’s investigation but protection to the Business Secretary who was forced to take the decision”.—[Official Report, 17 November 2020; Vol. 684, c. 238.]
I think that is powerful advocacy for the amendment. A member of the ISC, the right hon. Member for South Holland and The Deepings (Sir John Hayes), said that
“we need mechanisms in place to ensure that that flexibility does not allow the Government too much scope. That is why—this point was made by my hon. Friend the Member for Tonbridge and Malling (Tom Tugendhat) and I emphasise it on behalf of the ISC—Committees in this place missioned to do just that need to play an important role.”—[Official Report, 17 November 2020; Vol. 684, c. 244.]
We had support in the evidence sessions, support across the House and, most importantly, we have the support of the ISC itself, or at least its agreement that the amendment would be a constructive improvement to the Bill.
Finally, I will say a few words on amendment 5, which would require the Secretary of State to notify the Intelligence and Security Committee before making regulations under clause 6 and would provide a mechanism for the Committee to respond with recommendations. Regulations made under clause 6 would likely define the sectors that pose the greatest national security risk and would come under mandatory notification requirements. With the amendment, the ISC would be able would to provide both scrutiny and challenge to these sector definitions. The Committee will understand that the driving reasons behind the amendment are similar to those behind amendments 3 and 4, which is of course why the amendments have been grouped together, and would seek to improve the Bill through putting in place a requirement for parliamentary scrutiny specifically on the definitions.
As we have said, the Bill gives the Secretary of State major powers, and it demands mandatory notification of investments in large parts of the economy, with 17 proposed sector definitions already. I really cannot emphasise enough how broad those definitions currently seem. I know it is the intention that the definitions should be tightly drawn. However, I speak as a chartered engineer with many years’ experience in technology. Three or four decades ago, we might have talked about digital parts of the economy, but now the economy is digital. Similarly, in the future, parts of the economy not using artificial intelligence—from agriculture to leisure to retail to education—will be looking to use it.
I am a scientist myself, so I share a passion from a technology perspective. I am listening to the hon. Lady’s view of the breadth of opportunities, but amendment 5 would bring the Intelligence and Security Committee into the process, and I wonder whether we would be creating a bottleneck. The hon. Lady talked earlier about breadth and said that time is critical for SMEs and larger companies that need a decision. I think she would accept that Government is perhaps not the most effective and efficient vehicle, so why does she seek to put additional steps into something that is time critical and based on national security?
I welcome the hon. Lady’s intervention. It is great to have scientific knowledge in Committee and in the House. I welcome the contributions and scrutiny that a scientific background can bring. She is right that there is a tension. The technological environment is fantastic and innovative, with its start-up and enterprise culture. We have great centres of development and innovation, from Cambridge to Newcastle. I am sure hon. Members can mention other centres of great technological development that lead to lots of local start-ups in different areas. All or many of them may be caught by the provisions of the Bill, and that is a concern, but our amendments have been tabled to put in place parliamentary scrutiny.
Parliamentary scrutiny of the call-in process should be, as my hon. Friend the Member for Aberavon said, upstream of the actual call-in notification. This is about the definitions of the sectors to ensure upstream scrutiny. Small businesses, particularly start-ups, seek finance, often foreign investment. There are enough barriers in their way and we do not want to create more unnecessarily, but our amendments are about clarifying and ensuring the robustness of the definitions before they hit the coalface of our small businesses and start-ups, whose interests I want to protect. The Opposition are champions of small businesses, are we not?
I thank the hon. Gentleman for his intervention, because I think we are getting to the nub of it. The amendment is necessary because, as I outlined, there is an inherent conflict of interest within the Department for Business, Energy and Industrial Strategy with regard to foreign investment and national security. In addition, there is a need for security-cleared knowledge. I do not know the security clearance of the current members of the Business, Energy and Industrial Strategy Committee, but I doubt it is at the same level as the members of the Intelligence and Security Committee.
Sorry, I nearly put my hand in the air then—I am still new. Listening to the debate, I was reflecting on the efficiency of the process. We must make sure we do not put Parliament within an operational procedure. Does that not also apply to amendment 3 and the idea of a pre-emptory notification? Is the hon. Lady not seeking to put together some kind of ethereal multi-agency association, when all that is really needed is a phone call to a team of people who are security cleared within BEIS? Does she accept that point?
The hon. Lady makes a good point, in that much would be solved by the appropriate phone call at the appropriate time. Had Sir Richard Dearlove been phoned by the right person when the Huawei acquisition was going through, that issue would have been solved. Whichever Government are in power, we are continuously looking for ways to ensure a more joined-up approach to government.
Given the importance of national security—I think we can all agree that national security is the first duty of Government—and given the reality of the conflicting pressures on Departments, I think these proposals to improve scrutiny by involving a multi-agency approach are necessary. I also point the hon. Lady to the approach of the US Government, who have found this to be necessary, as have others of our allies. With that, I will make some progress.
(3 years, 10 months ago)
Commons ChamberAgain, I will defend the honour of my right hon. Friend the Chancellor, who has put in huge amounts of economic support. On the first point, one of the reasons to go to the tier system and one of the reasons I think it was, at the time, widely welcomed across the House, was to have a system where people can much more straightforwardly understand the rules. I say to everybody living across Lancashire that the very high alert level in Lancashire is because we urgently need to get the case rate down. The thing everybody should do is follow the rules and restrictions that are in place. They are there for good reason and they are agreed across Lancashire. What we can all best do together is work together to get those rates down.
I thank my right hon. Friend for his statement and for recent private meetings. The good people of Lancashire and South Ribble get that this is all about saving lives—full stop. However, they are weary of restrictions that have been going on for weeks and they are worried about their jobs. Can he assure me and them that we will be in the tier 3 restrictions for only as long as it takes to save lives?
The tier 3 restrictions are put in place when the local NHS is at risk of being overwhelmed. We will not keep people in restrictions for one moment longer than we need to. Nobody wants to have the restrictions in place. They are there for a reason and that reason is clearly set out, which, as my hon. Friend said, is to save lives with the minimum negative impact while protecting the economy and education, and supporting the NHS as much as possible. That is the strategy and I think it has very widespread support both in this House and among the public. The measures we put in place to deliver that have been put in place with the deepest reluctance. The single best thing that you, Madam Deputy Speaker, my hon. Friend or anybody in this country can do is abide by the rules and be cautious about social interaction—hands, face, space. That way, we can all help to restrict the spread of the virus and get it under control while we support our scientists to come forward with the innovations that will eventually get us out of all this.
(3 years, 11 months ago)
Commons ChamberWe have been putting in the extra testing capacity in Sefton. More than 5,000 tests have been conducted in Sefton in the last week. People should hear loud and clear that if they are in Sefton, as anywhere else, and they have the symptoms, they should come forward. The hon. Gentleman’s question, by rightly raising the importance of people with symptoms and people in care homes being able to get a test, underlines how important it is to prioritise and that people who do not have symptoms should not come forward. I hope that he would repeat that message.
Having visited Chorley and South Ribble Hospital last Friday, I was delighted to see some of the Government’s £300 million grant in action, with teams on the ground building significant works to help to make the A&E unit more covid-secure and increase its capacity. Will my right hon. Friend join me in looking forward to its full reopening as soon as possible?
Yes, absolutely. As I mentioned in my statement, I want to see the A&E in Chorley reopen as soon as is safely possible. My hon. Friend is right that we have put in a huge amount of support, and we all want to see it reopening. I look forward to the day—I hope soon—when we can announce that that has happened.